EDD denied my backdating request despite being laid off - need appeal advice

I went through almost the exact same situation last year. The key to winning a backdating appeal is proving you had "good cause" for the delay. In EDD terms, this means showing you were either: 1) unaware you were eligible, 2) physically unable to file, or 3) misled by EDD staff. In my case, I won my appeal by proving I genuinely believed I wasn't eligible because my employer told me I was an independent contractor (I wasn't). Just being hopeful about finding another job unfortunately isn't considered good cause by EDD standards. If you received severance that you thought disqualified you, or your employer gave you incorrect information about your eligibility, those would be stronger arguments. Did anything like that happen in your case?

been there! the whole system is rigged against us. they want any excuse not to pay u what ur owed. i tried to backdate 6 weeks and got denied too. appealed it and still lost bc they said "looking for work" isnt good enough reason. total BS!!!! good luck!!!

I successfully appealed a backdating denial in February, but my circumstances were different. I had documentation from my doctor showing I was hospitalized (good cause) when I was laid off. The most common successful backdating reasons are: - Medical issues prevented filing - EDD website/technical issues prevented filing (with screenshots/documentation) - Employer misrepresented eligibility - Natural disaster prevented filing Unfortunately, actively job searching isn't considered good cause. The logic (flawed as it may be) is that you could have filed AND continued your job search. You might want to focus on whether anything else was happening in those 8 weeks that truly prevented filing - were there any technical issues when you tried to file? Any miscommunication from your employer about severance or eligibility?

Have you tried calling EDD to ask specifically why they denied your backdating request? I know getting through to them is nearly impossible, but sometimes you can get details about your specific case that might help with appeal. My cousin was in a similar situation and found out there was actually a mistake in how they processed her request.

I hate to be the bearer of bad news, but optimism about finding work isn't considered "good cause" for delayed filing. According to EDD regulations (Title 22, Section 1253(b)-1), good cause for late filing is limited to very specific circumstances like: 1. Physical or mental incapacity 2. Compelling family obligations (caring for ill family member) 3. Mistaken belief of ineligibility based on incorrect info from official source 4. EDD error or misinformation 5. Employer interference with filing In the appeal hearing, they'll specifically ask if you were aware you could file for benefits while looking for work. Since EDD's position is that claimants should file immediately and continue job searching, the "I thought I'd find work quickly" argument typically fails. Focus your appeal on ANY other factors that might qualify as good cause - even partial days when the EDD website was down, or if your employer said anything misleading about your eligibility.

To answer your follow-up question - yes, I still think you should attend the appeal hearing. Some Administrative Law Judges are more lenient than others, and having you explain your situation in person sometimes helps. Also, sometimes there are procedural issues with how EDD handled your backdating request that could work in your favor. Bring any documentation showing your job search efforts during those 8 weeks. While that alone probably won't win your case, it demonstrates good faith. Sometimes judges will split the difference and award partial backdating if they feel your case has some merit but doesn't fully qualify for complete backdating. Also, check if there were any technical issues with the EDD website during that period - system outages are actually documented and can be verified by the judge.

That partial attempt to file in March could actually be significant! Make sure to mention this in your appeal and the hearing. This could be considered an attempt to file where you encountered confusion (which could fall under the "EDD misinformation" category if the question was unclear). If you can document this attempt in any way - screenshots, emails to yourself, notes - bring those. Also, when is your appeal hearing scheduled? Make sure you've received all paperwork from the California Unemployment Insurance Appeals Board (CUIAB). They should send you a packet with instructions about 2-3 weeks before your hearing date.

my cousin said she won her appeal cuz she got a letter from her therapist saying she was too depressed after losing her job to file right away. maybe something like that would work?? not saying to lie but like maybe there was something going on with ur mental health after losing ur job??

Just a practical suggestion - at the hearing, be extremely respectful and concise. Present your case clearly: 1) Mention your partial attempt to file in March (this is your strongest point) 2) Explain any confusion you had about the process 3) Show your consistent job search efforts 4) Express that you weren't trying to game the system but genuinely misunderstood the filing requirements I've attended several appeal hearings, and judges appreciate claimants who are prepared and straightforward. Even if you don't have a strong legal basis, a good presentation can sometimes sway borderline cases. Also - sometimes EDD representatives don't show up to the hearings, which can work in your favor if the judge is sympathetic to your situation.