EDD appeal deadline passed - can I still appeal if neighbor received my denial letter?
I'm freaking out right now. I just found an EDD denial letter ON MY DOORSTEP yesterday that says I needed to file an appeal by April 12th (that was 9 days ago!). I think my neighbor accidentally got my mail and just left it there instead of putting it in my mailbox. The letter is about my disqualification for benefits because they're saying I didn't provide sufficient work search activities, but I totally did submit everything they asked for! Does anyone know if I can still file an appeal even though I missed the deadline? This wasn't my fault - I never even received the letter until after the appeal date had passed! I'm so stressed because I really need these benefits to pay my rent next month. Has anyone dealt with a similar situation where you appealed late because you didn't get the notice on time?
18 comments
Klaus Schmidt
Yes, you can absolutely still file an appeal! This happens more often than you think. When you submit your appeal, you need to clearly explain why you're filing late - in this case that you never received the original notice until after the deadline passed. The technical term is "good cause" for late filing. Make sure to include the date you actually received the letter (include a photo of the envelope if you still have it). File your appeal immediately using the DE 1000M form. You can download it from the EDD website or request one be mailed to you. When filling out section 6, CLEARLY explain the mail delivery issue and include any evidence of the delayed receipt. The judges are usually understanding about mail problems as long as you appeal quickly after actually receiving the notice.
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Esmeralda Gómez
•Thank you so much! I'll download that form right now. Should I send any kind of proof with it? I don't have the envelope since it was just left at my door without one, but I could write a signed statement explaining what happened?
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Aisha Patel
my frend had the same thing happen!!! he got aproved after explaing that the mail came late. just make sure u write the date u actually got the letter on the form
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Esmeralda Gómez
•That's good to hear someone else got approved after a similar issue! Did your friend have to wait a long time for a decision after filing the late appeal?
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LilMama23
While it's true you can file a late appeal with good cause, be prepared for potential issues. I've worked with many clients in this situation, and EDD can be strict about deadlines. Your best approach is to: 1. File the appeal IMMEDIATELY - like today 2. Write a detailed explanation of exactly what happened with the mail delivery 3. If possible, get a signed statement from your neighbor confirming they received it by mistake 4. Include documentation of your work search activities that were originally questioned The most important factor will be how quickly you file after actually receiving the notice. If you wait even a few days now, it significantly reduces your chances of having the late appeal accepted.
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Esmeralda Gómez
•I appreciate the detailed advice. I'll try to get a statement from my neighbor, but we're not on great terms. I definitely have records of my work search activities though - I keep everything in a Google doc. Is there a specific place on the appeal form where I should note that I'm including this evidence?
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Dmitri Volkov
I had a similar issue but it was MY FAULT for missing the deadline (I was in the hospital). I filed 3 weeks late and still got approved for the appeal hearing. Just be VERY clear about why it's not your fault. The judge at my hearing was actually pretty understanding about the whole thing. Good luck!!
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Gabrielle Dubois
This is why everyone should sign up for USPS Informed Delivery!! You get daily emails showing what mail is coming to you. Would have known something from EDD was supposed to arrive and could have tracked it down earlier. But for your situation now - don't just file the appeal form. You need to be CALLING EDD to explain what happened too. Good luck actually reaching anyone though... I spent 6 weeks trying to get through about my identity verification issue. The phone system is completely broken.
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Tyrone Johnson
•Have you tried using Claimyr? I was in the same boat trying to reach EDD for weeks about my disqualification. Claimyr got me connected to an actual EDD rep in about 20 minutes when I had been trying for days on my own. It was worth it for me because I was about to miss rent. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km In your case OP, talking to a live person might help you understand exactly what you need to include with your late appeal to get it accepted.
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Esmeralda Gómez
•Thanks for the suggestion! I've been trying to call all morning with no luck. I'll check out that service because I'm desperate to talk to someone who can help me understand if my appeal has any chance of success.
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Ingrid Larsson
I'm going through almost the EXACT same situation! My denial letter went to my old address even though I updated my contact info months ago. I filed my appeal last week explaining the situation, but haven't heard anything back yet. The whole system is so frustrating - they expect us to meet their deadlines perfectly but can't even send notices to the right address! Please update us on what happens with your case.
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Esmeralda Gómez
•It's awful isn't it? I'll definitely update once I hear something. Good luck with your case too! Did you include any kind of proof or just explained the situation in writing?
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Klaus Schmidt
Quick update on timing expectations: After you submit your late appeal with good cause explanation, it typically takes 3-6 weeks to get scheduled for a hearing. The Administrative Law Judge (ALJ) will make a determination at the beginning of your hearing whether your reason for filing late constitutes "good cause." If they accept your explanation, they'll proceed with hearing the actual case about your work search activities. Make sure to continue certifying for benefits while waiting for your appeal (if the system allows you). Otherwise you could lose eligibility for those weeks even if you win your appeal.
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Esmeralda Gómez
•This is really helpful - thank you! I wasn't certifying anymore because I thought the denial meant I couldn't. I'll try to start doing that again right away. Do you know if there's any way to retroactively certify for the weeks I missed while I was waiting for this letter?
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Carlos Mendoza
my frend says u need 2 get a lawyer 4 appeals. he lost his appeal bcuz he didnt have 1.
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LilMama23
•This is not accurate. While you CAN have representation at an EDD appeal hearing, most claimants successfully represent themselves. The Administrative Law Judges are used to working with people who don't have legal representation. They'll guide you through the process and ensure you have the opportunity to present your case. Your friend may have lost their appeal for reasons related to the merits of their case, not because they lacked representation. For a late appeal based on mail delivery issues, legal representation is rarely necessary.
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Esmeralda Gómez
UPDATE: I submitted my appeal yesterday explaining the situation with the misdelivered mail. I also attached screenshots of all my work search activities that should have qualified me for benefits in the first place. Using the Claimyr service someone suggested here, I actually got through to an EDD rep who said they would add notes to my account about the mail issue. They couldn't guarantee anything but said the ALJ would be able to see those notes when reviewing my case. Now just waiting for my hearing date. Thanks everyone for the helpful advice - will update again when I hear more!
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Klaus Schmidt
•You did exactly the right thing! Now make sure to keep certifying for benefits (if possible) while waiting for your hearing date. And start gathering any additional evidence you might need for the hearing about your work search activities - that will be the main focus if they accept your reason for the late appeal. Good luck!
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