EDD denied my claim after relocating to care for dying parent - waiting for appeal hearing
I'm in a really tough spot and hoping someone has been through something similar. I had to move 200 miles away to care for my dad who was diagnosed with stage 4 pancreatic cancer. Before this happened, I was on maternity leave for about 4 months from my nursing job. When I needed to relocate for my dad's care, I couldn't return to my position because of the distance, though my supervisor was incredibly understanding and kept me on their on-call registry. I applied for unemployment to help with bills while being my dad's caregiver and job searching in the new area, but EDD denied my claim saying I voluntarily quit without good cause. I've filed an appeal explaining the family hardship circumstances and now I'm waiting for a hearing date. It's been almost 3 weeks since I submitted the appeal paperwork. Does anyone know how long it typically takes to get assigned a hearing date these days? Has anyone successfully appealed a similar situation with family caregiving responsibilities? I'm getting really anxious as savings are running low.
18 comments
The Boss
First, I'm sorry about your dad and the situation you're in. The appeal process is unfortunately taking 6-8 weeks right now just to get a hearing date scheduled, and then another 2-4 weeks until the actual hearing. When you filed your appeal, did you submit any documentation about your father's medical condition and your caregiving role? That's going to be crucial for your case.
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Mia Roberts
•Thank you for the response. I submitted a letter from my dad's oncologist confirming his diagnosis and treatment plan, plus a statement from my former supervisor acknowledging the circumstances of my departure. Is there anything else I should gather before the hearing? This timeline is so discouraging...
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Evan Kalinowski
my sister got approved for something kinda like this but she was taking care of our mom after a stroke not cancer. she had to do the phone hearing thing with a judge and it took FOREVER like 3 months from when she appealed till she got money. good luck!!
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Mia Roberts
•3 months! That's so long to wait. Did she have to keep certifying for benefits during that waiting period? I'm still doing the bi-weekly certifications even though they keep saying $0.
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Victoria Charity
I went through an appeal last year (different reason), and the whole process took about 12 weeks from filing the appeal to getting a decision. The most important thing is to KEEP CERTIFYING EVERY TWO WEEKS even while you wait! If you win your appeal, they'll only pay for weeks you properly certified. For your situation specifically, you need to focus on proving that relocating to care for your terminally ill father constitutes "good cause" under EDD regulations. Make sure you have documentation of: 1. Your father's medical condition (which you have) 2. Why YOU specifically needed to provide care 3. That you couldn't reasonably continue employment while providing care 4. That you remain able and available for work in your new location The judge will be looking at whether your decision to leave was one a reasonable person would make in the same situation.
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Mia Roberts
•This is incredibly helpful! I've been certifying but didn't know about needing to prove why I specifically needed to provide care. My dad lives alone and needed daily assistance with medical appointments, medication management, and basic care while going through chemo. I'll get a more detailed letter about that. Thank you so much for the guidance!
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Jasmine Quinn
The EDD system is BRUTAL on people going through family emergencies!! I had a somewhat similar situation and ended up DENIED even after appeal because they said I "could have asked for a leave of absence instead of quitting." Did you specifically ask your employer for a formal leave of absence or remote work accommodation before quitting? This could be the difference in your case.
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Mia Roberts
•Oh no, that's concerning. I did discuss options with my manager but since I work in direct patient care (I'm an RN), remote work wasn't possible. And the facility doesn't offer extended unpaid leave beyond what's legally required. They were sympathetic but said my only options were to resign or potentially face termination for job abandonment if I just didn't return. I hope that doesn't hurt my case.
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Oscar Murphy
I successfully appealed a similar situation last year. The key is proving your situation meets the "compelling family circumstances" exemption. In your hearing: 1. Be extremely specific about why YOU had to be the caregiver (no other family members available, specific care needs you could provide) 2. Explain why continuing your job was impossible (distance made commuting impossible, no remote options in your field) 3. Show you've been looking for work in your new location I waited about 7 weeks for my hearing date, and the judge was actually very understanding once I explained everything clearly. They ruled in my favor and I received back pay for all certified weeks. If you're struggling to reach EDD to check on your appeal status, I used a service called Claimyr (claimyr.com) that got me through to an actual person in about 20 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - was definitely worth it to get a real update on my appeal timeline.
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Mia Roberts
•Thank you! This gives me hope. I am definitely the only available caregiver - my mom passed away years ago and my only sibling lives overseas. I've been applying for nursing positions in the new area but haven't found anything yet that accommodates the caregiving schedule I need. I'll check out that Claimyr service - I've been calling EDD for days with no luck getting through.
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Nora Bennett
quick question - r u still certifying for benefits every 2 weeks even tho ur waiting for appeal? u absolutely need to keep doing that!!
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Mia Roberts
•Yes, I've been certifying every two weeks! They show up as $0 but I'm making sure to keep doing it. Thanks for checking!
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Ryan Andre
This hapened to me and I won my appeal!!! But it took 9 1/2 weeks to get a hearing date!!! When you get to the hearing make sure you talk about how you had no choice but to quit, the judge is looking for you to prove you had absolutely no alternative. Don't just focus on your dad needing care (which is obviously important) but explain why continuing your job was literally impossible under the circumstances. Good luck!
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Mia Roberts
•Thank you for sharing your success story! That gives me some hope. Did you have an attorney or handle it yourself? I'm wondering if I should try to get legal help for this.
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Victoria Charity
One more important thing: if your former employer is willing to provide a letter stating they understand why you had to leave and support your claim, that can be EXTREMELY helpful. Since you said you're still on good terms with them, it's worth asking. The fact that they kept you on their on-call list shows they didn't consider your departure problematic.
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Mia Roberts
•That's a great idea. My supervisor has been very supportive. I'll reach out tomorrow to see if she's willing to provide a more detailed letter explaining that they understood my departure was necessary due to family circumstances and that's why they kept me on the registry. Thank you!
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The Boss
Just to answer your original question more specifically - the current timeline I'm seeing for appeals is: - 6-8 weeks from appeal filing to receiving a hearing date - Usually the actual hearing is scheduled 2-4 weeks after that notification - Decision typically comes 1-2 weeks after the hearing So unfortunately, you're looking at potentially 9-14 weeks total from appeal filing to having a decision. If you win, you'll get backpay for all weeks certified. One last piece of advice - when you have your hearing, be very calm, factual, and organized. Judges respond well to clear, logical explanations without excessive emotion (even though this is obviously an emotional situation). Frame your decision as the only reasonable choice you could make under the circumstances.
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Mia Roberts
•This timeline is really helpful to set my expectations, thank you. I'll work on organizing my presentation for the judge and practice staying calm and factual. I tend to get emotional when talking about my dad's situation, so I'll definitely need to prepare for that.
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