EDD appeal hearing for homeschooling parent - need tips for phone judge hearing ASAP
I'm in a total panic about my upcoming EDD appeal hearing. After being on regular UI for 3 months, EDD suddenly disqualified me saying I'm "not available for work" because I homeschool my kids during normal business hours. They want me to repay $4,800! I've waited almost 5 months for this appeal hearing, which is scheduled for next Tuesday over the phone with a judge. Has anyone successfully appealed a disqualification based on homeschooling? What should I prepare? How formal is the phone hearing? Do I need to quote specific EDD regulations? I can absolutely work remotely evenings and weekends but EDD seems to think that doesn't count as being "available for work." Any advice from someone who's been through an appeal hearing would be amazing!
19 comments


Keisha Johnson
OMG I just went through this exact same thing!!! The phone hearing is actually not as scary as it sounds. The judge was pretty chill and just asked me questions about my work availability. Make sure you have PROOF that you've been looking for jobs that fit around your homeschooling schedule. I brought up 3 job applications I had submitted for evening/weekend remote work and explained how I could arrange alternative supervision for my kids if needed for interviews. They reversed my disqualification! Good luck!!
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Yara Sabbagh
•Thank you!! That's so helpful. Did you have a lawyer with you or did you represent yourself? And did you send in any documents ahead of time? The notice says I can submit evidence but I'm not sure what would be helpful.
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Paolo Rizzo
I've been through several EDD appeals hearings (unfortunately). Here's what you need to prepare: 1. A clear statement about your work availability (hours, days, types of work) 2. Documentation of your job search efforts showing you're applying to jobs that match your availability 3. Any evidence that shows you have arrangements for your children during potential work hours 4. Notes about why homeschooling doesn't prevent you from working The judge will ask specific questions about your availability. Be honest but make it clear that homeschooling doesn't make you unavailable for work - it just defines WHEN you're available. EDD regulations require you to be available for "suitable work" - not necessarily 9-5 work. The hearing is formal but straightforward. The judge will swear you in, explain the process, and then ask questions. You'll have a chance to present your case. Stay calm, stick to facts, and don't interrupt.
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Yara Sabbagh
•This is incredibly helpful! I've been applying to customer service jobs that have evening hours and weekend shifts, so I'll definitely bring those applications. Should I bring a written statement or just speak from notes?
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Paolo Rizzo
Speak from notes but have a written outline ready. The judge will primarily want to hear directly from you. Send any documentary evidence (job applications, work history, childcare arrangements) to the appeals board before the hearing - the notice should include instructions for submitting evidence.
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QuantumQuest
•i had an appeal for something different (reported wages wrong) but just wanna say DEFINITELY send your evidence ahead of time!! i didnt and the judge was annoyed and almost didnt look at what i had
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Amina Sy
the edd is so bias against parents its ridiculous!! my sister got denied for kinda the same reason because she could only work when her kids were in school. the system is totally rigged against parents who have actual responsibilities outside of work. good luck with your appeal but dont get your hopes up because the edd judges usually side with edd.
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Oliver Fischer
•This isn't necessarily true. Administrative Law Judges (ALJs) are independent from EDD and often overturn disqualifications. I've seen numerous homeschooling parents win their appeals by demonstrating they're available for suitable work during some portion of the day, evening, or weekends. The key factor is proving you're available for a sufficient number of hours and actively seeking work that matches your availability.
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Natasha Petrova
If you're having trouble getting through to EDD to discuss your case before the hearing, try Claimyr.com - it helped me get through to a rep when I was preparing for my own appeal. They have a service that connects you with an EDD agent quickly instead of dealing with busy signals all day. Check their video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km to see how it works. I was able to talk to someone who explained exactly what documents the judge would want to see for my appeal. It really helped me prepare better!
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Yara Sabbagh
•I'll check that out! I've been trying to reach someone at EDD for clarification on exactly what they mean by "available for work" in my case, but I keep getting disconnected after waiting on hold for an hour+
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Javier Morales
my cousin had the EXACT same problem last year except she was taking online classes not homeschooling but same idea and she WON her appeal!!!! the thing that helped her was she brought printouts of job postings that showed companies specifically looking for evening/weekend workers and remote jobs with flexible hours. that proved those jobs actually exist so being available outside normal hours IS valid. good luck!!!
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Oliver Fischer
I'm an employment attorney who has represented clients in many EDD appeals. For homeschooling parents, the critical issue is precisely what you identified: proving you're "available for work" despite your homeschooling responsibilities. In your appeal, focus on Section 1253(c) of the California Unemployment Insurance Code, which requires claimants to be "available for work." Courts have interpreted this to mean available for "suitable work" - not necessarily all work or traditional 9-5 jobs. Prepare to address: 1. Your specific hours of availability (evenings/weekends/early mornings) 2. The types of jobs you're seeking that match those hours 3. Your work search efforts for those specific types of positions 4. Contingency plans for childcare if you needed to attend training or occasional daytime work Bring documentation of job applications and a log of your work search activities. Be prepared to explain why rejecting traditional business-hour jobs doesn't make you unavailable for work - it simply defines the parameters of suitable work for your situation. The success rate for properly prepared appeals is actually quite high when claimants can demonstrate genuine availability for some segment of the job market.
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Yara Sabbagh
•Wow, this is incredibly helpful! Thank you for the specific code section - I'm going to look that up and reference it. I definitely have documentation showing I've been searching for evening/weekend remote work that would accommodate my homeschooling schedule.
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QuantumQuest
make sure u dress nice for the video!!! first impressions matter alot
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Yara Sabbagh
•The notice says it's a phone hearing, not video. So I guess they won't see me? But I'll still dress professionally just to be in the right mindset.
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QuantumQuest
•oh lol sorry i misread. yeah phone is easier then u dont have to worry bout how u look
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Keisha Johnson
One more thing - RECORD your hearing!!! California is a two-party consent state but the judge will almost certainly give permission if you ask at the beginning. That way if you need to appeal further you have the exact record of what was said. I wish I had done this with my first hearing.
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Paolo Rizzo
An update would be really appreciated after your hearing! These homeschooling cases are important precedents for others. Generally, judges are looking for: 1. Evidence you're available for a substantial field of employment (not just 1-2 jobs) 2. Proof your restrictions (evening/weekend work) still leave you available for a significant portion of jobs in your field 3. Confirmation that you haven't declined suitable work If you present your case clearly along these lines focusing on your availability rather than your restrictions, you have a good chance of success. The standard isn't that you must be available for ALL work - just a sufficient portion of the job market.
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Yara Sabbagh
•I absolutely will update! My hearing is Tuesday at 10am. I've been collecting job postings for remote customer service roles with evening/weekend hours to show there's a substantial market for the hours I'm available. Thanks everyone for the advice - I feel so much better prepared now!
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