EDD denying my substitute teacher unemployment for breaks after 10 years - appeal help needed

I went through the EXACT same situation last year! After 5 years of getting unemployment during summer breaks, EDD suddenly decided subs aren't eligible anymore. Apparently, there was some policy change about how they interpret 'reasonable assurance' for substitute teachers. I appealed and won though! Here's what helped me: 1) Bring documentation showing your work history is inconsistent (different schools, varying hours), 2) Emphasize you have no guarantee of specific hours or income when school resumes, 3) Show your past unemployment claim history to establish precedent. The judge in my case agreed that 'reasonable assurance' doesn't apply when the work is so variable. Good luck!

this happened 2 my wifes friend too. EDD keeps changing there rules all the time its stupid. shes still waiting 4 her appeal date. just warning u it takes like 2-3 months to get a hearing date so dont expect quick $$

This issue comes down to how school districts report your employment status. Some districts have started reporting all subs as having 'reasonable assurance' of work after breaks even when it's not guaranteed. For your appeal, you need to focus on these key points: 1. Variability of assignments (no guaranteed hours) 2. Lack of written reasonable assurance letter 3. History of needing unemployment during breaks 4. Any reduction in available assignments after breaks Also important: if you received benefits and spent them, make sure to request a waiver of overpayment if they rule against you. Explain financial hardship.

i had the opposite problem, EDD kept denying me every summer until i finally just gave up trying. the whole system is broken. good luck with your appeal but dont get your hopes up

Former EDD worker here. There was actually a legal precedent set in CA about 2 years ago that changed how 'reasonable assurance' is interpreted for substitute teachers. Prior to that, subs could usually get benefits during recess periods. Now, districts are providing more specific documentation to EDD about return expectations. For your appeal, you need to understand the exact reason for disqualification (which section of the code). Request your claim file through a Records Request before your hearing - you'll see exactly what the district reported. If they stated you have a specific return date with guaranteed hours, but you don't, that's your winning argument.

Have you tried calling EDD directly to ask for clarification? Might save you the whole appeal process if there was just a mistake on their end. I know getting through is nearly impossible, but I used a service called Claimyr (claimyr.com) last month when I had a similar issue with my claim being denied. They got me connected to an EDD rep in about 20 minutes! They have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The rep I spoke with actually fixed my issue on the spot and I didn't need to go through the appeal process.

I'VE BEEN A SUB FOR 12 YEARS AND THIS IS COMPLETE BS!!! EDD is doing this to HUNDREDS of subs right now. They're trying to save money by making up new interpretations of laws that haven't changed. I'm also appealing - my hearing is next week. This is my 3rd appeal with EDD over the years (different issues) and I've won every time because THEY DON'T KNOW THEIR OWN RULES. Don't let them intimidate you!!! Fight this!!!

my sister is a sub and shes dealing with this right now too... she said theres some kind of precedent setting case that happened in 2023 that changed how edd looks at substitute teachers during breaks. something about if you have "reasonable assurance" of coming back after the break then your not eligible anymore. its affecting like everyone who substitutes.

Quick update on this issue - the California Unemployment Insurance Appeals Board issued new guidance to administrative law judges about substitute teacher cases in October 2023. The key factor is whether you have a specific guarantee of work or just a general expectation of "being on the list." If you're just "on the list" with no minimum hours guaranteed, you should still qualify for benefits during recess periods! Make sure to emphasize this distinction in your appeal.

just wondering have u been certifying still while waiting 4 the appeal? My friends was told to keep certifying even tho she was disqualified just in case she wins