EDD denied my entire claim after backdate request - completely disqualified from benefits for 2-week delay in filing
I'm in total shock right now. I was laid off from my warehouse position in December, but my supervisor kept telling me they'd have shifts again after New Year's, so I held off filing for unemployment. After two weeks of waiting and no work materializing, I finally applied for UI and requested my claim be backdated to when I was actually laid off. Instead of just processing my claim from the date I applied, EDD investigated my backdate request, decided my reason for waiting wasn't 'good cause,' and COMPLETELY disqualified me from receiving ANY benefits whatsoever! Not just for the backdated period - for my entire claim going forward! Has this happened to anyone else? It seems wildly disproportionate that they'd deny all benefits just because I waited 2 weeks based on what my employer told me. I'm now 6 weeks without income and panicking. Is this normal EDD procedure or did something go wrong? Should I appeal this decision or am I just out of luck?
20 comments
Jean Claude
Yes, appeal IMMEDIATELY! This is absolutely worth appealing. EDD can be extremely harsh with these decisions but you actually have good cause for your late filing - you relied on employer information that work would be available. I've seen so many people get disqualified for what seems like minor issues, but the appeals process is there for exactly this reason. You have 30 days from the date on your disqualification notice to file the appeal. Make sure to clearly explain that you were acting on information provided by your employer. Focus on how you did file promptly once you realized no work was coming. Don't wait - file that appeal form right away!
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Chris Elmeda
•Thanks for the encouragement. The notice came last week so I still have time. Do you know if I need to provide any evidence with my appeal? I don't have anything in writing from my supervisor, it was all verbal conversations.
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Charity Cohan
omg this is insane!! the EXACT same thing happened to my boyfriend last year, he waited like 10 days to file cuz his company said they might have him back and EDD completely denied him too!! he didnt appeal tho cuz he thought it wasnt worth it and ended up finding another job pretty quick. but seriously EDD is so strict about these things its ridiculous, like why cant they just start your benefits from when u actually filed?!!
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Josef Tearle
This sounds like an incorrect determination. Based on EDD regulations, if they deny your backdate request, they should only deny benefits for the backdate period, not your entire claim going forward. Check your disqualification notice carefully - it might be showing a different reason for the full disqualification. Sometimes when they investigate a backdate request, they discover other eligibility issues. Did you receive a formal Notice of Determination explaining the exact reason?
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Chris Elmeda
•Yes, the notice says I was disqualified under code section 1253(a) for "not filing a claim as prescribed." It specifically mentions that my reason for delay (waiting for my employer to potentially recall me) doesn't constitute good cause for late filing. Nothing else was mentioned about any other issues with my claim.
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Shelby Bauman
YOU NEED TO APPEAL!! I've been thru this! EDD always tries to find reasons to disqualify people. They once denied me for missing a phone interview that they never even scheduled! I appealed and won. Don't give up!!! The system is designed to make you give up but DON'T!
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Quinn Herbert
honestly not surprised... i waited ONE day past the quarter end to file my claim and ended up with a way lower benefit amount based on older earnings. edd rules are super technical and they dont care about your situation at all. definitely appeal but dont get your hopes up, the whole system is designed to deny claims whenever possible
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Salim Nasir
Just to clarify some confusion here - Section 1253(a) disqualification for "not filing a claim as prescribed" shouldn't result in permanent disqualification from all future benefits. It typically only affects the weeks you delayed filing. What likely happened is one of two things: 1. There's a misunderstanding of the notice (very common) 2. There's another issue that triggered during their investigation When you appeal, focus on these points: - You relied on your employer's statements about returning to work - You filed promptly once you realized no work was forthcoming - You meet all other eligibility requirements - Request that even if your backdate is denied, your claim should still be valid from the date you actually filed You should also know that if you win your appeal, you'll receive all back benefits from the eligible period.
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Chris Elmeda
•Thank you for breaking this down! I just double-checked the notice again and you're right - there's a paragraph about how this affects my "current claim period" which I think I misunderstood as permanent disqualification. I'm definitely going to appeal this.
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Hazel Garcia
Have you tried calling EDD to ask for clarification before appealing? Sometimes that can help understand exactly what happened. I know calling is basically impossible though lol
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Chris Elmeda
•I've tried calling like 30 times over the past week and either get a busy signal or the message about too many callers and to try again later. It's so frustrating!
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Jean Claude
If you need to speak with an EDD rep before filing your appeal (which is a good idea), try using Claimyr.com to get through to EDD. It helped me get connected after weeks of failed attempts. They have a system that navigates the EDD phone tree and calls you when an agent is available. Saved me from endless redials. There's a video that shows how it works at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. I was skeptical at first but it actually worked for me when I had an issue with my disqualification.
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Chris Elmeda
•Thank you for this suggestion! I hadn't heard of this service before. I'll definitely check it out because I really need to talk to someone at EDD before I submit my appeal to make sure I understand exactly what happened.
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Shelby Bauman
•ive used this too when my claim was stuck for 2 months!!! only way i could actually get thru to a real person
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Josef Tearle
When you file your appeal, be very specific about the timeline: 1. Date you were laid off 2. Dates your supervisor told you work would be available 3. Date you realized no work was coming 4. Date you filed your claim Also request that if the judge doesn't find good cause for the backdate, they should still allow benefits from the date you actually filed. This is standard procedure - a denial of backdate request doesn't normally result in full disqualification.
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Charity Cohan
hey does anyone know if you attend the appeal hearing in person or is it over the phone? just curious how it works
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Salim Nasir
•Appeals are currently being conducted by phone in most cases. You'll receive a notice with the date, time, and call-in information. Make sure to prepare your documents in advance and be ready to clearly explain your case. The judge will give you an opportunity to present your side.
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Chris Elmeda
Update: I called EDD this morning (finally got through!) and spoke with a representative who confirmed there was a misunderstanding. The disqualification is only for the two weeks I was trying to backdate, not for my entire claim. They're sending me a revised determination letter. So I won't need to appeal after all! Thanks everyone for your help and advice.
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Jean Claude
•That's great news! So glad you got it resolved. The notices EDD sends can be really confusing sometimes.
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Quinn Herbert
•lucky you got through to someone who actually helped! sometimes they just tell you to wait and don't fix anything
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