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EDD appeal deadline passed - will they accept my second submission?

I'm freaking out right now. I mailed my EDD appeal form for a disqualification 17 days ago (certified mail but I lost the receipt like an idiot). When I called today to check if they received it, the rep said there's no record of my appeal in their system! My appeal deadline was officially 2 days ago according to the disqualification notice. If I print and mail another copy of the appeal form RIGHT NOW, will they still consider it or am I completely out of luck? Has anyone been in this situation before? I really can't afford to lose these benefits - I have 3 months of back rent riding on this appeal being accepted.

Omar Farouk

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this happend to me in february!!! i sent mine and they said they didnt get it either. i talked to a supervisor who told me to send it again with a note explaining what happened and they ended up accepting it anyway even tho it was like 10 days late. print out a new copy ASAP and write a letter explainiing you sent it on time but they lost it. also take pictures of everything before u mail it this time!

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Thank you so much! That gives me some hope. Did you have to do anything special with the envelope or where you mailed it? Also, should I try faxing it instead of mailing it this time?

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Chloe Davis

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This is a common issue unfortunately. Here's what you need to do: 1. Immediately send a new appeal AND fax a copy if possible (keep the fax confirmation) 2. Include a cover letter explaining you originally mailed it on [date] before the deadline 3. If you have ANY proof of the original mailing (even a bank statement showing purchase of postage), include a copy 4. Call the Appeals Office directly at 800-300-5616 - don't just talk to regular EDD representatives 5. Request that they note in your file that you're submitting a duplicate appeal due to mail processing issues The Appeals Board generally allows appeals filed within 30 days after the deadline if you can show "good cause" for the delay. Lost mail is considered good cause in many cases. Good luck!

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Thank you for the detailed steps! I'll do all of this today. One question though - the disqualification letter mentions the Appeals Board address but also lists a different address for the local EDD office. Which one should I send it to?

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AstroAlpha

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EDD is ALWAYS "losing" paperwork these days. I've had THREE different forms "disappear" in their system this year. They're just incompetent and hoping people give up so they don't have to pay. Send it again and fight for what you deserve!!!

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Diego Chavez

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While I understand your frustration, this isn't entirely accurate. The EDD processes thousands of documents daily and sometimes things do get lost in transit or misfiled. It's not necessarily a conspiracy to deny benefits. That said, always keep copies and proof of submission when dealing with any government agency.

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Send your appeal to the address listed on your disqualification notice, typically the Appeals Office. The local office address is usually for submitting other documents. Most importantly - you absolutely need to reach an EDD representative who can add notes to your claim about this situation. The regular phone lines are nearly impossible to get through on, but I used a service called Claimyr (claimyr.com) last month when I was in a similar situation with my identity verification. They got me connected to an EDD rep in about 20 minutes instead of spending days calling. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once you get through, explain the situation and ask them to make a note in your file that you submitted your appeal before the deadline. This documentation will help your case when the Appeals Board reviews your late submission.

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Thanks so much for the advice! I've been calling for 2 days straight with no luck so I'm definitely going to check out that service. I really need to get someone to note this in my file ASAP.

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Sean O'Brien

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so my cousin had the same issue and she just went IN PERSON to drop off her appeal at the local office and got a receipt and everything worked out fine. might be worth trying if u have an office nearby

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That's a great idea! I didn't realize you could submit appeals in person. There's an office about 40 minutes from me - I'll call first to make sure they accept them and then drive over tomorrow.

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Diego Chavez

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To directly address your question: Yes, you can still be eligible for your appeal even if it's submitted after the deadline, but you must establish "good cause" for the late filing. Section 1256 of the California Unemployment Insurance Code allows the Administrative Law Judge (ALJ) discretion to accept late appeals when there are compelling reasons. Having submitted the original appeal on time but EDD not receiving it is generally considered good cause. When you submit your new appeal: 1. Use form DE 1000M (Appeal Form) 2. In Section B where it asks for reason for appeal, first explain that you originally submitted before the deadline 3. Attach a separate detailed explanation with dates and any supporting evidence 4. Request a waiver of the late filing penalty based on good cause provision The most successful approach would be combining several methods others have suggested - submitting in person if possible, faxing a copy, and getting through to a representative who can note your file.

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This is incredibly helpful information! I didn't know about the "good cause" provision in the code - that gives me much more confidence. I'm going to follow all these suggestions and hopefully get this resolved. Thank you all for the help - I was truly panicking before posting here.

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Zara Shah

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am i the only one who thinks its weird that so many peoples mail gets "lost" by edd? like what if they just say that to discourage people from appealing? my roomate had the same thing happen with her disability paperwork too not even unemployment

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AstroAlpha

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EXACTLY!!! They're doing it on purpose. I had to appeal THREE TIMES because they kept "losing" my documents. When I finally got through to a supervisor they magically "found" everything I had sent. It's a tactic to make people give up.

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Omar Farouk

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update us after u get it sorted out! i want to know if it worked out for u

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I definitely will! I'm going to try all these suggestions and report back what works. Fingers crossed!

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