EDD appeal process - do all disqualifications require in-person judge hearings?
I just got disqualified for UI benefits because my employer claimed I voluntarily quit (I didn't - they reduced my hours to basically nothing so I had to find other work). Now I'm appealing the decision, but I'm super anxious about the whole process. Do ALL appeals require going in front of an actual judge? My anxiety is through the roof thinking about having to argue my case in person. Has anyone gone through an appeal that was decided just based on the paperwork submitted? I don't have much experience with this stuff and I'm worried I'll mess up if I have to speak in real time. Any experiences or advice would be REALLY appreciated!
22 comments
Jason Brewer
I went through an appeal last year and yes, I did have to attend a hearing with an Administrative Law Judge (ALJ). However, it wasn't as intimidating as it sounds. The hearing was over the phone - I never had to go anywhere in person. They scheduled it about 3 weeks after I submitted my appeal paperwork. The judge was actually pretty fair and let me explain my side. My employer was on the call too. The whole thing took maybe 45 minutes. I made sure to have all my documentation ready - emails showing my hours were cut, my resignation letter explaining why I had to look for other work, etc. Make sure you submit ALL relevant documentation with your appeal form. If you have evidence that your hours were reduced, that's really important to include.
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Nina Fitzgerald
•Thank you for sharing that! It's a relief to hear it was over the phone at least. Did you prepare any kind of script or talking points ahead of time? I'm worried I'll get flustered and forget important details.
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Kiara Fisherman
mine was just last month and I didnt even need to talk to judge!! I submitted TONS of evidence tho, like literally 25 pages of emails and texts showing my boss was cutting hours. got decision in mail 2 weeks later saying i won the appeal no hearing needed! but my friend had to do phone hearing for his so maybe depends on how clear ur evidence is???
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Nina Fitzgerald
•That's amazing! Did you include a detailed written statement along with your evidence? I'm hoping if I'm super thorough with my documentation maybe I can avoid a hearing too.
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Liam Cortez
The Administrative Law Judge (ALJ) can actually decide your appeal in three ways: 1. Paper review - If your documentation is very thorough and clearly shows your employer reduced your hours (constructive discharge), they might rule in your favor without a hearing. 2. Phone hearing - Most common method currently. You, your employer, and the judge all participate in a conference call. 3. In-person hearing - These are rare now, especially since COVID, but can still happen if specifically requested. The key factor is how much evidence you submit with your initial appeal paperwork. You want to include: - Documentation showing your hours were reduced (schedules, paystubs) - Any communication with your employer about the reduction - A detailed written statement explaining that you were forced to seek other employment because your hours were insufficient to earn a living Include dates, times, names of supervisors, and all relevant details. The more thorough your initial documentation, the better chance of winning on paper review.
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Nina Fitzgerald
•Thank you for breaking it down like this! I've got old schedules showing how my hours kept getting cut, plus texts with my manager where they basically admit they can't give me enough hours. I'll make sure to include all of that with my detailed statement.
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Savannah Vin
Omg I had an appeal hearing last fall and it was THE WORST. The judge was so rude and kept cutting me off mid-sentence!!! My employer straight up LIED about why they fired me and the judge seemed to believe them even tho I had proof!! Still waiting on the final decision but don't get your hopes up, these judges always side with the employers!!!
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Nina Fitzgerald
•Oh no, that sounds awful! Were you able to submit all your evidence before the hearing? I'm worried my employer will lie about the situation too.
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Mason Stone
I've gone through three different EDD appeals (long story) and each one was handled differently. The most recent one was decided entirely on the paperwork - no hearing at all. But that only happened because I sent in EXTENSIVE documentation that clearly proved my case. If you have a strong paper trail showing your hours were reduced to the point where it qualifies as "constructive discharge" (when conditions are so bad you're essentially forced to quit), focus on organizing that evidence clearly. Include a timeline of events and specifically reference the relevant EDD regulations. If you do end up with a hearing, it will most likely be by phone. Prepare by writing down key points you want to make, and practice explaining your situation clearly and concisely. The judges hear dozens of cases and appreciate when you can get to the point without rambling. Also, even though it feels personal, try to keep emotion out of it during the hearing. Stick to facts, dates, and specific events rather than how unfair it felt.
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Kiara Fisherman
•whats constructive discharge?? never heard that term before but sounds like exactly what happened to me too!
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Mason Stone
•Constructive discharge is when your employer makes your working conditions so intolerable that a reasonable person would feel forced to resign. Drastically reducing hours to the point you can't earn a living is a classic example. It's important because legally it means you didn't truly "voluntarily quit" - you were essentially forced out. The EDD recognizes this concept, which is why these appeals often succeed if properly documented.
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Makayla Shoemaker
Have u tried calling EDD directly to ask??? I spent FOUR DAYS trying to get through to them about my appeal last month. Always got the stupid "we're experiencing high call volume" message and it would hang up on me!!!!! SO FRUSTRATING!!!!!! They need to hire more people or something, it's RIDICULOUS how impossible it is to talk to an actual human being there!!
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Christian Bierman
•I had the same issue trying to reach EDD about my appeal! I finally got through using a service called Claimyr - it basically keeps dialing for you until it gets through and then calls you back. Saved me days of frustration. I watched their demo video (https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km) and decided to try it. The agent I spoke with was actually super helpful and explained that for appeals like yours about reduced hours, they often do paper reviews if your evidence is strong. You can check them out at claimyr.com - definitely worth it when you're dealing with something as important as an appeal.
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Jason Brewer
To directly answer your original question - no, not all appeals require going in front of a judge. Many are decided through paper review, especially when there's clear documentation. However, it's best to prepare for a hearing just in case. For my hearing, I did prepare talking points but didn't read from a script. I made a bulleted list of key points with dates and specific examples, which helped me stay focused when I got nervous. Something else to know: if your appeal is about reduced hours forcing you to quit, that falls under "good cause" for voluntarily leaving employment. The EDD recognizes that substantial reduction in hours can constitute good cause to leave a job. Make sure you emphasize this point in your documentation.
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Nina Fitzgerald
•That's really helpful - I'll definitely prepare a bulleted list of key points just in case I do have to do a hearing. And thank you for mentioning the "good cause" aspect, I'll make sure to specifically use that terminology in my appeal paperwork!
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Emma Olsen
my cousin works for edd (not in appeals tho) and she says they're super backed up with appeals right now so they're doing more paper reviews to clear the backlog. she says if u submit tons of evidence they're more likely to just review the paperwork. but also depends on what office handles your case some are more backed up than others.
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Nina Fitzgerald
•That's actually encouraging to hear! I'll focus on putting together the most comprehensive evidence package I can. Do you happen to know if there's a typical timeframe for how long these reviews are taking right now?
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Emma Olsen
•she said right now paper reviews taking like 4-6 weeks but phone hearings can be 8-10 weeks to get scheduled so definitely worth trying to get the paper review route!
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Liam Cortez
One important thing to add: when you submit your appeal documentation, include a cover letter explicitly stating that your case involves a clear-cut instance of constructive discharge due to reduced hours, and that you believe the evidence submitted is sufficient for a determination without a hearing. While this doesn't guarantee a paper review, it does flag your case as potentially resolvable without a hearing. The ALJ has full discretion on whether to schedule a hearing or not. Also, if your employer doesn't submit a response to your appeal (which happens frequently), that increases the likelihood of a favorable paper determination. Many employers don't bother to contest appeals once they're filed.
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Nina Fitzgerald
•This is great advice - I'll definitely include that cover letter explicitly requesting a paper review based on the evidence. Really hoping my former employer doesn't respond, but knowing them, they probably will. I'll prepare for both possibilities.
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Mason Stone
Based on what you've shared, you have a strong case. Reduction of hours to the point where you can't sustain yourself is recognized by EDD as good cause for leaving employment. The key will be documenting: 1. Your previous regular schedule 2. How the hours were reduced (by how much and over what period) 3. Any conversations with management about getting more hours 4. The financial impact of the reduction Even if you do end up with a hearing, remember that the ALJs are used to dealing with nervous people. They'll guide you through the process with questions. And unlike a regular court, these hearings are much more informal. The judge is mainly trying to establish facts, not trip you up with legal technicalities. Good luck with your appeal - it sounds like you have a legitimate case that should be approved once they review all the facts.
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Nina Fitzgerald
•Thank you so much for the encouragement! I have all of those documents ready to go, and knowing the judge isn't trying to trip me up makes me feel a lot better about the possibility of a hearing. I'll focus on getting my appeal paperwork submitted with all the evidence ASAP.
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