EDD appeal hearing judge cut off all testimony - anyone experienced this?
I just had my EDD appeal hearing yesterday and I'm absolutely stunned by how it went. The judge (Administrative Law Judge I guess?) was extremely strict and basically cut off testimony from both sides. Neither my former employer nor I were allowed to give full statements or present closing arguments. We couldn't even cross-examine each other's evidence properly! I had spent WEEKS preparing my documentation and arguments because there are crucial details about my termination that don't appear in the paperwork. I was counting on being able to explain these details during the hearing to prove I was eligible for benefits. The judge just kept saying "moving on" or "that's not relevant" every time I tried to elaborate. Has anyone dealt with an appeal hearing like this? Did you win or lose? I'm freaking out because I've been without benefits for 3 months now and have about $14,600 in bills piling up. I don't know what to expect now or if I should try to do something about how the hearing was conducted.
24 comments
Yara Haddad
That DEFINITELY doesn't sound right!!! I had my appeal hearing last summer and the judge let both sides talk for like an hour each. My employer went on forever and I got to respond to everything. Something seems wrong with your judge. Can you appeal the appeal hearing??
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Connor Murphy
•I honestly don't know if you can appeal how a hearing was conducted. The judge seemed so confident in how she was running things that I'm worried this might just be how some of them operate. Did your hearing end up with a favorable decision?
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Keisha Robinson
Ugh, that sucks. I've heard about ALJs who run super tight hearings like that. Mine was actually pretty fair and thorough, but a friend of mine got a judge similar to yours. Unfortunately, my friend lost their appeal. The big question is whether the judge has enough info in the written record to make a fair decision. Did you submit detailed written evidence beforehand? That's really critical if the judge limits testimony.
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Connor Murphy
•I did submit documentation but the problem is that the context matters so much. On paper, it looks like I violated a company policy, but I was actually following a supervisor's direct instructions that contradicted the policy. Without being able to testify about that conversation, I'm worried the judge will just see the policy violation.
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Keisha Robinson
•That's really tough. For what it's worth, the decision letter should explain the judge's reasoning. If they clearly didn't consider something important, you might have grounds to appeal to the CUIAB board. You usually have 30 days after the decision to file that appeal.
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Paolo Conti
I've helped several people through EDD appeals, and while judges do have significant latitude in how they run hearings, they're supposed to ensure all relevant facts are considered. That said, they're also tasked with maintaining efficient proceedings. A few things to know: 1. The judge will make their decision based on the evidence in your file plus what was presented at the hearing. 2. If you lose, you can appeal to the CUIAB board within 30 days. 3. If there were procedural issues that prevented key facts from being considered, definitely mention those in your board appeal. The good news is that judges in these hearings aren't necessarily looking for policy violations but rather whether your actions constitute misconduct under unemployment law, which has a specific legal definition that's often more favorable to employees than employer policies.
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Connor Murphy
•Thank you for this detailed response! This makes me feel a bit better. Do you know roughly how long it takes to get the decision? The judge said "within 10 days" but didn't specify if that's business days or calendar days.
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Paolo Conti
•It's typically calendar days, but with current backlogs it can sometimes take up to 2 weeks. The decision will come in the mail, and if it's favorable, your payments should start processing soon after. If unfavorable, the letter will include instructions for filing a board appeal.
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Amina Sow
i had a similar experience but i actually won my appeal! judge was super dismissive and barely let me talk but still ruled in my favor. dont lose hope!
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GalaxyGazer
Man, I feel for you. Spent 2 months trying to reach EDD after my appeal hearing last year cause they never processed my payments even after I won. Kept getting the "we're experiencing high call volume" message until I found Claimyr (claimyr.com). They got me connected to an actual EDD rep in like 20 minutes who fixed everything. Worth checking out their video to see how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km If you do get a favorable decision but don't see payments starting, definitely don't wait around like I did.
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Connor Murphy
•Thanks for the tip! I've been dealing with the impossible phone system since this whole mess started. Will definitely check this out if I win and have payment issues.
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Oliver Wagner
•Does that service actually work? I've been trying to call for 3 weeks about my certification issue and can't get through!
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GalaxyGazer
•Yeah it worked for me. Was skeptical at first but got through to an actual tier 2 specialist who could make decisions. Saved me from probably another month of trying.
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Natasha Kuznetsova
I've been through two appeal hearings over the years, and they can vary dramatically depending on the Administrative Law Judge assigned to your case. Some run very tight proceedings while others allow more extensive testimony. What matters most is whether the key facts of your case were entered into the record, either through your written evidence or the limited testimony. The judge is required to make their decision based on applicable unemployment insurance law, not on how much time each side was given to speak. Regarding procedural concerns, if you believe the hearing process itself prevented critical evidence from being considered, you can file an appeal to the CUIAB board (the level above the ALJ) within 30 days of receiving your decision. In your appeal, specifically detail what evidence you were prevented from presenting and why it would have changed the outcome. The board reviews these procedural concerns seriously, particularly if you can demonstrate that the judge's conduct prevented a fair hearing. That said, ALJs do have significant discretion in how they run their courtrooms.
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Connor Murphy
•Thank you for this comprehensive explanation. I guess I'll wait for the decision before deciding next steps. Do you know if a board appeal takes much longer than the initial appeal? My initial appeal took almost 11 weeks to get scheduled.
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Natasha Kuznetsova
•Board appeals typically take 3-5 months to process, unfortunately. The good news is that if you ultimately prevail, you'll receive all back benefits you're entitled to. Make sure to continue certifying for benefits throughout this process, even if you're not receiving payments.
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Oliver Wagner
wait so in the appeal hearing you cant actually speak???? im so confused how this even works. my appeal is next month and now im panicking
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Paolo Conti
•Don't panic! Most judges DO allow testimony and statements. It sounds like OP had an unusually strict judge. Make sure you prepare written evidence and submit it before your hearing, but also be ready to explain your case clearly and concisely during the hearing.
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Oliver Wagner
•ok thank god. i was about to freak out. ive been waiting 3 months for this hearing
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Keisha Robinson
By the way, don't forget to keep certifying for benefits even while waiting for the appeal decision! So many people stop certifying during appeals and then have to go through another whole process to claim those weeks if they win.
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Connor Murphy
•Great reminder! Yes I've been certifying every two weeks even though they all just say "disqualified" right now. Hoping that changes soon.
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Yara Haddad
Did the judge tell you when you'll get the decision? With my appeal it took like a month to get the paperwork even though they said it would be 10 days. EDD is literally THE WORST with their timelines!!!
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Connor Murphy
•She said within 10 days but didn't specify business or calendar days. Ugh, a month would be brutal. I'm already struggling to keep up with bills as it is.
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Yara Haddad
•For real!! The waiting is the hardest part. Let us know what happens when you get the decision!!
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