EDD appeal hearing next week - listed wrong employer as IHSS caregiver

Don't panic! I had a very similar situation last year. The ALJ (Administrative Law Judge) is usually pretty reasonable about honest mistakes versus intentional fraud. Make sure you bring: 1. All your IHSS paystubs showing the actual employer 2. Any paperwork showing you were approved as an IHSS provider 3. A simple written timeline of your employment During the hearing, calmly explain it was an error in understanding who your technical 'employer' is (common mistake with IHSS since you're caring for a family member but actually employed by the county). Emphasize you weren't trying to claim benefits you weren't entitled to.

i had hearig last month they TOTALY rushed me through everything!!! barely let me talk at all!! judge was typing the whole time not even looking at me. whole thing took like 15 min

Your situation sounds stressful but fairly straightforward to explain. I'd focus on documenting everything clearly. One question - are you currently getting any unemployment benefits while waiting for the appeal? Or did they stop your payments completely when they disqualified you?

IHSS is SUCH a mess with EDD because technically the person you care for is considered the employer in some ways but the county program is the actual employer who issues the checks!!! I got totally confused by this too. Bring a printout of the official IHSS website page that explains the employment structure - it might help the judge understand why you were confused.

I've helped several IHSS caregivers with EDD issues, and this exact mistake happens ALL THE TIME. The key is preparation for your hearing. You need: 1. County IHSS program documentation showing your employment status 2. A letter explaining the confusion about employer designation 3. Any prior UI claims where you correctly listed your employer (if applicable) 4. Documentation of your father's IHSS recipient status Most importantly, be honest but concise in the hearing. The judges have heard this specific mistake before and typically rule favorably when it's clearly just confusion about the employer designation rather than an attempt to claim benefits fraudulently. BTW - if you still need to contact EDD before your hearing, I'd recommend Claimyr (claimyr.com). They helped me get through to an EDD rep in 20 minutes when I needed to update some info before my hearing. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km

My situation was different (misreported wages) but I had an appeal hearing back in January. Just speaking from experience - the judge interrupted me constantly and seemed annoyed the whole time. But then I got a favorable decision anyway! So even if the hearing feels hostile, don't lose hope.

Make sure you understand what section of the Unemployment Insurance Code they're citing for your disqualification. It's probably Section 1257(a) regarding false statements. The key element will be proving you had no intent to defraud, which should be straightforward given that you were genuinely employed by IHSS and simply confused about who to list as the employer. Bring your IHSS provider enrollment documentation and any tax forms (W-2s) showing who your official employer is. The judge will be looking for evidence that this was an honest mistake rather than an attempt to claim benefits you weren't entitled to.

Update: I checked my disqualification paperwork and it does mention Section 1257(a) like @helpful_advisor mentioned. Also found my W-2s from the last two years which clearly show the county as my employer, not my dad. Feeling a bit more prepared now. Has anyone had their hearing over phone vs. in person? Mine's scheduled as a phone hearing and I'm wondering if that's better or worse?

my cusin works for ihss and says this happens ALL THE TIME!! the forms are sooooo confusin

One more tip - if possible, try to get a letter from your IHSS social worker confirming your employment status and duration. Having third-party verification can really strengthen your case. In my hearing, the judge specifically mentioned that additional documentation was helpful in making the determination.

I'd also recommend practicing your explanation beforehand. You'll likely only get 1-2 minutes to explain your situation before the judge starts asking specific questions. Having a clear, concise explanation ready is really helpful. Something like: "I've been an IHSS provider for my father for 5 years. When filling out the EDD application, I misunderstood who to list as my employer. While I provide care to my father, my actual employer is the County IHSS program, as shown on my W-2s and paystubs. This was an unintentional error on my part.

Thank you everyone for all the advice! I feel much more prepared now. I was able to get a letter from our IHSS caseworker confirming my employment status and explaining the employer structure. I've organized all my documents and practiced what I'm going to say. Will update after the hearing on Thursday!

UPDATE: Had my hearing today! It went way better than expected. The judge was actually really understanding about the IHSS employer confusion. She looked at my W-2s and the letter from my caseworker and said this type of misunderstanding happens regularly with IHSS providers. The whole thing took about 25 minutes, and she said I should receive a written decision within 7-10 days, but she indicated she'll be ruling in my favor! So relieved right now. Thanks again for all your help and advice everyone!

Congratulations on the positive outcome! Your story is a perfect example of why preparation and honesty matter so much in these hearings. The fact that you took everyone's advice - getting the caseworker letter, organizing your W-2s, practicing your explanation - clearly made a huge difference. For anyone else reading this who might face a similar situation: this is exactly how these cases should go when it's genuinely just a paperwork error. The system works when you come prepared with documentation and can clearly explain the mistake. Thanks for sharing your experience - it'll definitely help other IHSS caregivers who run into this same confusion!