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TechNinja

EDD Appeals hearing TOMORROW for REA interview - do I need an attorney?

FREAKING OUT right now!! I have an Appeals Board hearing scheduled for TOMORROW morning regarding my unemployment eligibility. The notice says it's for 'interview failure' related to a Reemployment and Eligibility Assessment (REA) under Code section 1253A. I was laid off from my warehouse job back in November after 5 years of employment (budget cuts they said), and I REALLY need these benefits to support my family of 4. My disqualification notice came about 3 weeks ago stating I missed a mandatory interview, but I swear I never received any notice about it until it was too late. Has anyone been through one of these hearings? I can't afford an attorney (I'm already behind on rent), but wondering if I should try to find one anyway? Or is this something I can handle myself? The hearing is over Zoom and I'm worried I'll say the wrong thing and mess up my claim permanently. Please help!!

I had this exact situation in February and was able to handle it myself without an attorney. Just be prepared to clearly explain why you missed the REA interview. They're mainly looking to see if you had "good cause" for missing it. Bring any evidence that shows you never received the interview notice (emails, UI Online message history, etc). Be respectful and honest with the judge. In my case, I explained that the notice went to my spam folder and I never saw it. The judge was understanding and ruled in my favor - my benefits were restored within 10 days after the hearing. Good luck tomorrow!

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TechNinja

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Thank you so much for sharing your experience! That gives me some hope. I've been checking my UI Online inbox history and there's nothing there about an REA appointment. I'll definitely emphasize that during the hearing. Did they ask you a lot of questions? How long did your hearing last?

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Paolo Bianchi

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Dont worry too much about an attorney for this type of hearing. These REA things r pretty straightforward. Just make sure u can explain why u missed the interview and bring any proof u have. They mainly wanna make sure ur actively looking for work. Make sure u have ur work search records handy too!!

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TechNinja

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I've definitely been applying to jobs and have screenshots of all my applications. Good tip about bringing my work search records - I wouldn't have thought of that! Thanks!

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Yara Assad

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I went through an appeals hearing last year (different issue - false employer statement), and I wish I'd been better prepared. Make sure you: 1. Have all your documents organized and ready to share on screen 2. Write down key points you want to make so you don't forget when nervous 3. Dress professionally even though it's Zoom 4. Be extremely punctual - log in 15 minutes early 5. Have your work search records detailed and ready 6. Be prepared to explain exactly why you missed the REA interview The judge will likely ask if you received any notification about the REA appointment, if you checked your UI Online account regularly, and if you had any issues accessing your mail or email. They may also ask about your continued job search efforts. Most REA disqualifications can be overturned if you can demonstrate you either didn't receive proper notice or had good cause for missing it. The hearing will probably last 30-45 minutes.

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TechNinja

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This is INCREDIBLY helpful! I'll definitely prepare notes tonight so I don't forget my key points. And I hadn't thought about dressing professionally since it's virtual - great tip. Did you find the judge to be fair in your case?

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Olivia Clark

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EDD is so ridiculous sometimes!!! They expect us to magically know about appointments they never properly notify us about, then punish us when we don't show up. I had something similar happen with a phone interview and they disqualified me. I appealed but didn't bother with the hearing because I found a job by then. The whole system is designed to deny benefits any way they can. DOCUMENT EVERYTHING and don't let them intimidate you!!! And don't admit to ANYTHING that could be used against you. They're not on your side.

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While I understand your frustration, I want to clarify that the appeals judges are actually separate from EDD and tend to be more fair and objective. They overturn quite a few EDD decisions. It's important to be honest but also to clearly explain your side. Approaching it with the assumption that they're out to get you might hurt your case.

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I've helped several people through these types of hearings (I'm not an attorney, just experienced with the system). For REA interview issues, you don't need an attorney. Since your hearing is tomorrow, here's what to focus on: 1. The law requires EDD to provide proper notification of mandatory interviews. If you can show you never received proper notice, that's usually enough to win your appeal. 2. Check your UI Online account history - does it show they sent the REA appointment notice? If not, screenshot that section. 3. Check if your contact information was correct in the system at the time they would have sent notice. 4. Be prepared to talk about your ongoing job search activities to demonstrate you're making required efforts. 5. Speak clearly, don't interrupt the judge, and stick to the facts. In these cases, the burden is actually on EDD to prove they properly notified you of the REA appointment. Many people win these appeals because EDD can't demonstrate proper notification was provided.

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TechNinja

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This is fantastic information! I just checked my UI Online account again and there's definitely nothing about an REA appointment in my inbox or correspondence history. I'll take screenshots tonight. My contact info is all correct too. This makes me feel more confident about tomorrow - thank you!

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If ur having trouble getting thru to EDD before ur hearing u might want to try Claimyr. I used them when I needed to talk to an EDD rep before my hearing and it worked. They got me connected to an agent in like 10 mins when I had been trying for days. Might be worth it to get clarification before u go into the hearing. Check out their website claimyr.com - they have a demo video at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km that shows how it works. Just a thought if u need to talk to someone at EDD before tomorrow.

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TechNinja

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Thank you for the suggestion! I'm not sure if I have time to get through to EDD before tomorrow morning, but I'll keep this in mind if I need to contact them after the hearing. That video is helpful.

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good luck tomorrow you got this! i was super nervous for my hearing too but the judge was actually nice. just be honest thats my advice

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TechNinja

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Thank you for the encouragement! It helps to hear the judge might be nice - I've been picturing a scary courtroom scenario even though it's just on Zoom.

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Yara Assad

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One more important tip - the hearing will be recorded. At the beginning, the judge will give you an opportunity to present your case. Make sure you clearly state that you never received notification of the REA appointment. Be specific about how you regularly check your UI Online account, postal mail, email, etc. This creates a record of your testimony. After your hearing, regardless of the outcome, continue certifying for benefits if you're still unemployed. If you win your appeal, they'll backpay the weeks you were disqualified for, but only if you continued certifying.

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TechNinja

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This is a really important point! I actually stopped certifying after getting the disqualification notice because I thought there was no point. I'll start doing that again right away. And I'll definitely make sure to state clearly that I never received any notification - thanks for the reminder about the recording.

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After reading through this thread, I think you're in a good position for your hearing. The fact that you can't find any REA appointment notice in your UI Online account is significant evidence in your favor. Remember that under California Unemployment Insurance Code Section 1253(a), you can only be disqualified for missing an interview if you were properly notified of it. Prepare a brief timeline of events: when you were laid off, when you started receiving benefits, when you received the disqualification notice, etc. Having this chronology clear in your mind will help you explain your situation coherently. Please come back and let us know how it goes - your experience could help others in the same situation!

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TechNinja

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I will definitely update after the hearing! Thank you for suggesting a timeline - I'm going to write that out tonight. It's so reassuring to have all this support and information.

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Paolo Bianchi

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my brother had 1 of these hearings and the whole thing only took like 20min. dont overthink it just explain ur side

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This is true - most REA appeal hearings are fairly brief, especially if it's clear there was a notification issue. They usually focus specifically on whether you received proper notice and whether you had good cause for missing the appointment.

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