EDD denied my claim saying I 'abandoned' my job while I was on disability - can I appeal?
I'm beyond frustrated right now. I had to take 3 months of disability leave due to a back injury (got all the proper documentation from my doctor). When I tried to return to work, my employer told me my position had been filled and they terminated me. Now I applied for unemployment, and EDD just denied my claim saying I 'voluntarily abandoned' my job! The letter states I'm not eligible because I 'left work without good cause.' This is completely false - I was on MEDICAL LEAVE with documentation! I'm now 7 weeks without any income. Has anyone successfully appealed this kind of situation? Do I need a lawyer? And if I win the appeal, will I get backpay for all these weeks I've been waiting? I have rent due next week and I'm starting to panic.
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Axel Bourke
This happened to me last year! Your employer is trying to avoid their UI tax going up by falsely claiming you quit. You absolutely should appeal - I won mine. Make sure to gather ALL your disability paperwork, any emails/texts about your leave, and the termination notice. You have 30 days from the date on the denial letter to submit the appeal. There should be instructions on how to appeal right on that denial notice.
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Nalani Liu
•Thank you!! Did you have to actually go to a hearing? And how long did the appeal process take before you started getting benefits? I'm so worried about the timeline.
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Aidan Percy
my friend got fired after being out for surgery and won her appeal took like 6 weeks tho good luck
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Fernanda Marquez
You need to file an appeal immediately using the DE 1000M form. Make sure to clearly state that you were on authorized medical leave with documentation and did not abandon your position. Under California law, terminating someone for taking approved medical leave could potentially be illegal. The appeal hearing is usually conducted by phone, and you'll want to have these documents ready: 1. Copy of your disability claim approval 2. Doctor's notes showing your leave period 3. Any communication with your employer about your leave 4. Return-to-work documentation 5. Termination notice If your appeal is successful, yes, you will receive backpay from the date of your initial claim filing. The appeals process typically takes 4-8 weeks currently.
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Nalani Liu
•Thank you for this detailed info! I have all these documents except a formal termination notice - they just told me verbally when I showed up to work. Will that be a problem? Should I email HR asking for something in writing?
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Fernanda Marquez
•Yes, definitely email HR requesting written confirmation of your termination date and the reason provided. This creates documentation. In your email, briefly restate the facts ("As discussed when I attempted to return from medical leave on [date]...") to establish a record. If they don't respond, include the email itself in your appeal evidence to show your attempt to obtain documentation.
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Norman Fraser
THE EDD IS COMPLETELY BROKEN!!! They automatically side with employers no matter what. I waited THREE MONTHS for my appeal hearing and then another month for payment. The system is designed to make people give up. Don't let them win!!
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Kendrick Webb
•While the system can be frustrating, appeals are actually frequently successful. According to recent data, claimants win about 40-45% of appeals when properly documented. The key is submitting all evidence upfront and being very specific about dates and events during the hearing.
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Hattie Carson
Has anyone actually managed to REACH someone at EDD to explain this kind of situation before going through the whole appeal? I've been trying to call for 2 weeks and can't get through!!! Their phone system is impossible!!
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Destiny Bryant
•I was in the same boat trying to reach EDD for weeks about my disqualification. I finally used Claimyr (claimyr.com) and got through to a rep in about 25 minutes. They basically call EDD for you and connect you when they get through. Saved me so much frustration after trying for days on my own. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Worth it to get actual answers about your specific situation before going through the formal appeal.
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Dyllan Nantx
wait im confused... if u were on disability why r u applying for unemployment? arent they different things?
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Axel Bourke
•They WERE on disability, but now that they're medically cleared to work, their employer terminated them instead of letting them return. So now they need unemployment because they're able to work but were fired.
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Kendrick Webb
This situation falls under what EDD considers a "compelling reason" to leave work. When you appeal, specifically reference that you had a "compelling reason" for being absent (medical disability with documentation) and that you did not abandon your job. In your hearing, focus on these key points: 1. You had proper medical documentation for your leave 2. You attempted to return to your position 3. The employer refused to reinstate you Also, be aware that if you win your appeal and your employer is found to have terminated you improperly after medical leave, you may have additional legal recourse beyond just unemployment benefits. The backpay will be calculated from your initial claim filing date, and you'll receive all benefits for the weeks you certified during the appeal process.
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Nalani Liu
•Thank you! I just submitted my appeal online and included all the points you mentioned. Do you know if I need to keep certifying for benefits every two weeks while waiting for the appeal decision? I don't want to miss out on any weeks if I win.
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Kendrick Webb
•Yes, absolutely continue certifying for benefits every two weeks even during the appeal process! This is critically important. If you win your appeal, EDD can only pay you for weeks that you properly certified for, regardless of eligibility. If you don't certify, you won't receive payment for those weeks even if you win your appeal.
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Aidan Percy
my cousin works for edd she says always appeal bc like 40% of people win just bc the employer doesnt show up to the hearing lol
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Nalani Liu
•That's actually really good to know! My employer is a small company so maybe they won't bother with the hearing. Thanks!
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