EDD appeal process: How many appeals allowed & overpayment requirements during waiting period?

You generally have two levels of appeal with EDD in California: 1. First level: Appeal to the Administrative Law Judge (ALJ) - this is the phone hearing you mentioned 2. Second level: Appeal to the California Unemployment Insurance Appeals Board (CUIAB) if you disagree with the ALJ's decision If you're still unsatisfied after both levels, you can take it to civil court, but that's a whole different process and usually requires an attorney. Regarding overpayment - technically EDD can start collection efforts while your appeal is pending, BUT you can request a waiver of overpayment or set up a payment plan. You should immediately file an "Overpayment Waiver Request" form DE 1446. This basically pauses collection until they decide on your waiver request. For the phone hearing, it's fairly formal. A judge will conduct it, you'll be sworn in, and they'll record everything. You should: - Prepare all your documentation ahead of time - Have a clear explanation of why you believe the decision was wrong - Be ready to answer questions directly and honestly - Submit any evidence to the judge before the hearing date A lawyer isn't required, but can be helpful for complex cases. If you can't afford one, check with Legal Aid in your county - they sometimes offer free help with EDD appeals.

I went through this last year. Phone hearings usually last 30-45 minutes, though mine went for an hour because my case was complicated. The judge will absolutely interrupt you if you go off-topic, so be precise. Here's what helped me win my appeal: 1. Printed timeline of ALL events related to my employment and unemployment 2. Screenshots of ALL communications with former employer 3. Copies of my certification responses with notes explaining any confusing answers 4. A bullet-point list of why I disagreed with EDD's determination Also, don't volunteer information they don't ask for. Answer exactly what they ask - nothing more, nothing less. And be SUPER polite, even if you feel frustrated. For the overpayment, definitely file that DE 1446 waiver request. It stopped them from taking money from me during my appeal process.

they make u pay it back no matter what! my sister had 5 appeals and lost all of them and they took her tax refund last year for overpayment. whole system is rigged!!!!

I worked at EDD for 6 years (not anymore thank goodness). Here's what you need to know: 1. For appeals - technically there's no limit to how many DIFFERENT issues you can appeal, but for any single issue, there are only the 2 levels that others mentioned (ALJ then CUIAB Board). After that, it's superior court. 2. For overpayments - file the waiver ASAP. If denied and you still have an appeal pending, call and INSIST they put a hold on collections until your appeal is resolved. They can do this, but often won't tell you unless you specifically ask. 3. For the hearing - judges vary WILDLY in style. Some are super formal, others more conversational. But ALL of them hate when claimants ramble or get emotional. Stick to facts and timelines. Most important - submit ALL evidence at least 3 business days before your hearing. The judge should have it in your case file, but have your own copies ready too. Also, they're backed up like crazy right now, so if you call EDD directly about any of this, expect to waste hours getting disconnected.

i had my phone hearing last month and it was way more intense than i expected!! the judge asked me really specific questions about dates and amounts that i wasnt prepared for. i should have written everything down beforehand. ended up getting confused and contradicting myself :( make sure you have ALL ur paperwork right in front of u and practice what ur gonna say

Everyone's giving good advice about the appeals process but missed something IMPORTANT about overpayments - there are two types! 1. Non-fraud overpayments (honest mistakes) - can be waived with that DE 1446 form others mentioned if repayment would cause financial hardship 2. Fraud overpayments (they think you intentionally misreported) - these CANNOT be waived and come with a 30% penalty on top! Check your disqualification notice carefully - does it mention fraud or willful misrepresentation? That makes a huge difference in your approach. If it's a non-fraud overpayment, definitely submit that waiver form, but ALSO gather proof of financial hardship (bills, bank statements showing low balance, rent/mortgage, etc). If it's fraud, you need to focus your appeal on proving you didn't intentionally misreport anything. This is much harder to win but not impossible.

This whole thing seems so unfair if u ask me. why should u have to pay back something when they approved it in the first place??? doesnt make any sense!

One more crucial tip for your phone hearing - take detailed notes during the entire call. If you need to appeal to the CUIAB (second level), these notes will be invaluable since you'll need to specifically cite what you believe the judge got wrong in their decision. Also, for the actual hearing: 1. Find a QUIET location with good phone reception 2. Log in 10 minutes early (they'll give you instructions) 3. Address the judge as "Your Honor" or "Judge [Last Name]" 4. Don't interrupt anyone, ever 5. Have a one-page summary ready with your key points 6. If you don't understand a question, politely ask for clarification 7. If you need to reference your documents, tell the judge what you're looking at Stay calm and stick to the facts. Emotional appeals rarely work with EDD judges - they're looking for specific legal criteria that determine eligibility.

You should receive the ALJ's decision by mail within 2-3 weeks after the hearing. If it's been longer than 30 days, call the Appeals Office (not regular EDD) to check on status. The number should be on your hearing notice. If you win, EDD should automatically adjust your claim. If you lose, you have 30 days from the mailing date on the decision letter to file the next level appeal to the CUIAB. Good luck! Just remember to stay organized, stick to relevant facts, and don't get discouraged by the process. Many people win their appeals when they've properly prepared.

I went through a similar situation about 8 months ago and completely understand how overwhelming this feels. One thing that really helped me was creating a simple spreadsheet with three columns: Date, Event, and Evidence. I listed every single interaction with EDD, my former employer, job search activities, and any medical appointments that affected my availability. For your specific case about "able and available for work" - this is actually one of the more winnable appeal categories if you can prove you were genuinely seeking work despite the medical appointments. Make sure you have: - Documentation of all job applications you submitted during that period - Any correspondence with potential employers - Medical documentation showing your appointments were necessary but didn't prevent you from working - Proof that you properly reported your limited availability on your certifications The key is showing the judge that you were acting in good faith and that your medical appointments were temporary limitations, not a complete inability to work. I had a similar issue with childcare conflicts and won my appeal by demonstrating I was actively job searching and available for work around those constraints. Also, don't let the formal process intimidate you - these judges hear these cases all day and most are pretty reasonable if you're well-prepared and honest. You've got this!

I'm going through my first EDD appeal right now and this thread has been incredibly helpful - thank you everyone for sharing your experiences! I wanted to add something I learned from my Legal Aid attorney that might help others: If you're dealing with an "able and available" disqualification like the original poster, there's actually specific case law that supports claimants who had temporary, intermittent limitations but were still genuinely seeking work. The key legal standard is whether you were available for "substantial gainful work" - not whether you were available 24/7. My attorney told me to specifically mention in my hearing that I was seeking work that could accommodate my known schedule limitations, which shows I was being realistic about my availability rather than fraudulent. Also, if anyone is struggling to afford representation, many county bar associations offer free 30-minute consultations for unemployment appeals. I got mine through the San Diego County Bar Association and it made a huge difference in how I prepared my case. For those waiting on decisions - I know the stress is overwhelming, but try to stay hopeful. The appeals process exists because these initial determinations are often wrong, especially for complex situations involving medical issues or scheduling conflicts.

I'm dealing with a similar "able and available" issue right now and this thread has been so reassuring! I made the same mistake of being completely honest about my limitations - I had to attend physical therapy twice a week for a work injury and dutifully reported it on my certifications thinking that was what I was supposed to do. What really helped me was realizing that "able and available" doesn't mean you have to be available 24/7 - it means you're genuinely seeking work within your realistic constraints. I've been documenting everything: my PT schedule, job applications I submitted that worked around those appointments, and even emails from potential employers about scheduling interviews. One thing I learned from a friend who won her appeal: make sure to emphasize that your limitations were TEMPORARY and that you were actively seeking work that could accommodate them. The judge needs to see that you weren't just sitting around waiting for benefits - you were genuinely trying to get back into the workforce despite legitimate obstacles. Also, if you haven't already, check if your medical provider can write a brief letter stating that your appointments were necessary but didn't prevent you from working. My PT wrote one sentence saying the treatments were essential for my recovery but didn't impact my ability to perform most job functions. It's not required, but every piece of supporting evidence helps. Hang in there - being honest shouldn't be punished, and the appeals process is there for exactly these kinds of situations!

I'm currently preparing for my own EDD appeal hearing and this entire thread has been incredibly valuable - thank you all for sharing your experiences and advice! One additional resource I wanted to mention: the California Department of Industrial Relations has a free guide called "Representing Yourself at an EDD Appeal Hearing" that walks through the entire process step by step. You can find it on their website under the appeals section. It includes sample questions judges typically ask and guidance on how to organize your evidence. Also, for anyone dealing with medical appointment conflicts like several people mentioned here - I found out that EDD's own handbook states that claimants can have "reasonable restrictions" on their availability as long as they don't substantially reduce employment opportunities. This language might be helpful to reference during your hearing. The stress of this process is real, but seeing how many people have successfully navigated similar situations is really encouraging. It sounds like preparation and honest documentation are key. Wishing everyone the best with their appeals!