EDD Appeal Hearing this week - How quickly will I get backpay if I win?
After 3 months of stress and waiting, I finally have my EDD appeal hearing scheduled for Wednesday morning over phone. I was disqualified because my employer claimed I quit voluntarily (I didn't - they reduced my hours to practically nothing until I couldn't pay rent). I've gathered all my evidence including texts showing schedule changes. Two questions keeping me up at night: 1) If the judge rules in my favor, how long typically before backpay hits my account? I'm talking about almost $7,800 in benefits they've withheld since February. My landlord has been patient but that's running out fast. 2) Any last-minute advice for the phone hearing? I've never done this before and I'm super nervous. Should I dress up even though it's over phone? (Sounds dumb but maybe it helps my mindset?) Should I interrupt if the employer says something untrue or wait my turn?
18 comments
Samantha Howard
I won my appeal last year, and it took about 9-10 days after the judge's decision for my backpay to hit my account. The judge actually told me during the hearing that they aim to issue decisions within 7-10 days, and then EDD processes the payment fairly quickly after that. For the hearing itself: - Have all your documents organized and in front of you - Write down key points you want to make so you don't forget when nervous - Speak clearly and professionally, don't interrupt - Answer questions directly - don't ramble - If employer says something untrue, note it down and address it when it's your turn - Focus on facts rather than emotions (even though it's emotional!) And yes, dressing professionally actually does help with mindset, even over phone! Good luck!
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Benjamin Kim
•Thank you so much for this! 9-10 days doesn't sound too bad... I was worried it would be another month or something. Did you have to do anything additional after winning to trigger the backpay or did it just automatically start processing?
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Megan D'Acosta
I had my hearing last month and won but still haven't gotten my money LOL the system is ridiculous!!! Nobody tells you anything and when you call EDD they act like they dont know whats happening either
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Benjamin Kim
•Oh no! That's exactly what I'm worried about. Have you been calling them regularly? Did they at least acknowledge that you won your appeal?
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Megan D'Acosta
•ya they see that i won but keep saying its "in process" whatever that means!!! been calling everyday but waste of time honestly
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Sarah Ali
The timeline for backpay after a successful appeal varies quite a bit. In my experience helping clients with appeals, here's what typically happens: 1) Judge issues written decision within 5-14 days of hearing 2) EDD receives the decision and updates your claim (3-7 days) 3) System processes any backpay owed (2-5 days) 4) Payment issues to your EDD debit card or direct deposit (1-2 days) So best case scenario is about 11 days, worst case can be a month. Important: once you win, you'll need to retroactively certify for all those weeks if you haven't already. The judge won't mention this, but it's required before payment processes. For your hearing: - The judge will explain the process at the start - You'll likely get to make an opening statement - Both sides present evidence and testimony - Keep answers factual and concise - Make sure to clearly explain how your hours were reduced (bring specific examples showing before/after if possible) Good luck! The fact pattern you described (constructive discharge through hours reduction) often results in favorable decisions.
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Benjamin Kim
•Wait - I need to retroactively certify? I didn't know that! I thought since I was disqualified I couldn't certify at all. Where do I even do that? Will they tell me after the hearing or should I be proactive about it?
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Sarah Ali
•After your appeal is decided in your favor, you'll be able to certify for those weeks through your UI Online account. EDD should send you instructions, but if they don't, call and specifically ask about "retroactive certification after appeal victory." You can't do it before the decision comes through, so don't worry about it until after you win.
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Ryan Vasquez
make sure u record the call!! california is a 2 party consent state but u can still ask the judge for permission to record and they usually say yes. my friend didnt record and the employer lied about what was said in the hearing later
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Samantha Howard
•This isn't necessary - the appeal hearings are already recorded by the judge/EDD. You can request a copy of the recording later if needed. Focusing on preparing your evidence and testimony is more important.
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Avery Saint
I'm going through the exact same thing! My hearing is next week. My employer also claimed I quit when they actually cut my hours from 40 to 12 per week. I'd love to hear how your hearing goes if you don't mind updating this thread afterward. I've been trying to call EDD constantly with questions about the appeal process but can never get through. It's so frustrating - I've called literally 30+ times some days and always get the "we're experiencing high call volume" message.
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Taylor Chen
•I was in the same boat trying to get info before my appeal. Try using Claimyr.com - it's a service that connects you with an EDD rep without the endless calling. Their system basically waits on hold for you and calls when an agent is available. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It saved me hours of frustration when I needed to confirm some details before my hearing. Got through to someone who actually knew about the appeals process.
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Keith Davidson
One thing nobody mentioned - bring up exactly how many hours you worked before vs after the reduction. When my employer reduced my hours from 38 to 15, the judge asked for specific details like what my schedule was before & after and how much I was earning weekly at both points. Having exact dates and numbers really helped my case. Also BE ON TIME for the call! Set multiple alarms. They will call exactly at the scheduled time and if you miss it, rescheduling is a massive hassle that'll delay your backpay even more.
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Benjamin Kim
•Thanks for the tip about specific hours! I definitely have that info ready. My hours went from 35-40 weekly down to 8-12, and I have all my old schedules saved. Good reminder about being on time too - I'm planning to be ready 30 minutes early.
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Megan D'Acosta
u think 3 months is bad?? ive been waiting 7 months for my appeal lol the system is broken
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Sarah Ali
One more important tip: during the hearing, the Administrative Law Judge (ALJ) will focus specifically on whether your employer created a situation where a reasonable person would feel compelled to quit (constructive discharge). Make sure to emphasize: 1) How the reduction in hours made it impossible to pay essential bills 2) Any communication where you asked for more hours 3) That you would have continued working if given adequate hours This is the exact legal standard they use to determine if it was effectively a layoff rather than a voluntary quit. Don't get sidetracked by other workplace issues unless directly related to this point.
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Benjamin Kim
•This is incredibly helpful. I was planning to discuss some other workplace issues (my supervisor was pretty hostile after I requested more hours), but I'll make sure to keep focused on the hours reduction and financial impact instead.
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Samantha Howard
After you win, make sure to check your UI Online account daily. You may need to certify for those back weeks, and sometimes there are additional steps required that aren't communicated clearly. The system should update to show 'Appeal Approved' status within a couple weeks of your hearing. Also, for anyone reading this thread later - the backpay will come all at once, not week by week. So if you're owed months of benefits, it will be a single large deposit.
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