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Demi Hall

EDD fraud appeal with CUIAB - How long for decision after April 8th hearing?

I've been dealing with the worst nightmare - someone committed fraud using my identity and now EDD thinks I'm responsible! After tons of phone calls and paperwork, I finally got my appeal assigned to CUIAB (California Unemployment Insurance Appeals Board) with a hearing date of April 8th, 2025. I'm super nervous about this whole thing. Can anyone who's gone through an identity theft appeal share what to expect? 1) How long after the hearing will I get a decision? 2) What kind of evidence should I bring to prove it wasn't me? 3) Will this be in-person or over the phone? I already filed a police report and put a fraud alert on my credit, but I'm still stressing about this hearing. Any advice would really help!

I went through this exact situation last year. The CUIAB hearing is actually pretty straightforward, but bring EVERYTHING. My hearing was by phone (they'll tell you on your notice). After my hearing, I got the decision in about 3 weeks, but I've heard it can take anywhere from 2-6 weeks depending on how backed up they are. For evidence, here's what helped me win my case: - Police report (you already have this) - FTC identity theft report (do this if you haven't already!) - Any correspondence with credit bureaus - Employment verification showing where you actually WERE working when the fraudulent claim was filed - Any emails/letters you sent to EDD disputing the fraud Be super organized with dates and timeline. The judge (Administrative Law Judge is their official title) will appreciate it. Good luck!

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Demi Hall

Author

Thank you so much!! I didn't know about the FTC identity theft report - I'll definitely do that right away. Did you have a lawyer or did you represent yourself?

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MY CUIAB APPEAL TOOK FOREVEEERRR!!! They tell you 45 days max but mine took almost 3 MONTHS to get a decision!!! The system is completely broken and nobody cares about us regular people. I kept calling and calling and they just kept saying "it's in process" every single time. Don't believe what they tell you about timeframes!!

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While there are some delays in the system, 3 months is not typical for CUIAB decisions. The standard is 45-60 days, though they can sometimes extend if they need additional evidence or are experiencing unusual backlogs. Was your case particularly complex or did it happen during the holiday season? Those factors can impact timing.

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I had a CUIAB hearing for a different issue (not fraud), but the process is similar. My hearing was by phone, and the ALJ (Administrative Law Judge) was actually really fair. They asked detailed questions and let me explain my side completely. For identity theft cases, they'll want to know: 1. When you first discovered the fraud 2. What immediate actions you took 3. If you had any unusual mail or correspondence before discovering the fraud 4. Your work history during the time someone was collecting benefits The decision took exactly 5 weeks for me. They mail it to you, and it will also eventually show up in your UI Online account. Make sure your address is current with both EDD and CUIAB. Bring a calendar with important dates marked. The ALJ appreciated that I could quickly reference when things happened without fumbling through papers.

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this is really good advice about the calendar! i was so nervous during my hearing i kept mixing up dates and the judge seemed annoyed

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is the cuiab hearing with a real judge? i have one coming up too but for misconduct not fraud and im freaking out do i need to dress up if its by phone??

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It's an Administrative Law Judge (ALJ), not a court judge. If your hearing is by phone, obviously they can't see how you're dressed, but I still recommend treating it professionally. Be organized, speak clearly, and don't interrupt. Have all your documents ready and numbered so you can easily reference them when asked.

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For CUIAB hearings related to identity theft/fraud, the decision timeline usually breaks down like this: - Standard timeframe: 45-60 days after hearing - Expedited cases: 30-45 days (rare, but possible if financial hardship is documented) - Complex cases: 60-90 days Your preparation should include: 1. A chronological summary document (1-2 pages) with all key dates 2. Police report and case number 3. FTC Identity Theft Report (file at IdentityTheft.gov) 4. Credit bureau correspondence showing fraud alerts 5. Employment verification for the period in question 6. Bank statements showing you weren't receiving the fraudulent benefits 7. Any prior communications with EDD about the issue Most CUIAB hearings in 2025 are being conducted by phone, but your hearing notice will specify. Make sure your phone number is correct with CUIAB. Missing the hearing can result in an automatic dismissal of your appeal, so mark it on multiple calendars and set several reminders.

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Demi Hall

Author

This is incredibly helpful, thank you! I'm going to create that chronological summary right now. Should I send these documents to them before the hearing or just have them ready to discuss during it?

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i had my cuiab hearing about 6 weeks ago for a similar issue. still waiting on decision 🙃 the judge seemed to be on my side tho so hoping for the best. most stressful part was actually getting thru the hearing itself i was so nervous i kept forgetting stuff. write down EVERYTHING u want to say before the call!!

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Good advice about writing everything down beforehand! I actually made a bullet-point list of all my main points and put them in order of importance, so if I got cut off or ran out of time, I knew I'd covered the most crucial stuff first.

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If you're having trouble reaching EDD before your hearing to get any documents or information you need, check out Claimyr (claimyr.com). I was pulling my hair out trying to get through to ask about specific dates of the fraudulent claim filed in my name, but kept getting the "maximum callers reached" message. Claimyr got me through to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It was worth it to get the specific information I needed for my hearing evidence packet.

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Demi Hall

Author

Thanks for the tip! I actually do need to talk to someone at EDD before my hearing to get copies of the fraudulent claim details. I'll check out that video.

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good luck with ur hearing! they r actually pretty fair from what i saw with mine. just stay calm and dont argue even if u disagree cuz that looks bad to the judge

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Demi Hall

Author

Thanks, that's good advice. I tend to get defensive when I feel like I'm being accused of something I didn't do, so I'll really try to stay calm.

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One thing I forgot to mention about the CUIAB hearing - make sure you answer the phone when they call! They're very prompt, and if you miss the call, it can be a nightmare to reschedule. They typically call within a 5-minute window of your scheduled time. Also, regarding the documents - you should submit your evidence packet before the hearing. Your hearing notice should include instructions for how to submit it. Usually, they want it at least 5 business days before the hearing date. Make sure to keep a copy of everything for yourself to reference during the call. After your hearing, don't call CUIAB constantly asking about your decision - it won't make it come any faster. They'll mail the decision as soon as it's ready, and like I mentioned, it typically takes 2-6 weeks. Keep certifying for benefits while you wait (if you're claiming benefits), even though they might remain pending until the appeal is resolved.

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Demi Hall

Author

I'll definitely make sure to answer right away. Should I send the documents by certified mail to have proof they received them? Also, I'm not currently certifying since this was all fraud in my name, not an actual claim I filed - should I start doing that?

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To answer your follow-up questions: 1. No, you don't need a lawyer for a CUIAB hearing, though you can bring one if you want. Most people represent themselves successfully. 2. Yes, send your documents via certified mail or use the electronic submission system if they provide that option. Getting confirmation is important. 3. Since you didn't file the original claim (someone fraudulently did it in your name), you should NOT be certifying for benefits. This is an important distinction from regular appeals where the person did file the original claim. One more piece of advice: during the hearing, if the judge asks you something and you don't know the answer, it's perfectly okay to say "I don't know" rather than guessing. Honesty is crucial in these proceedings.

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THIS!!! I made the mistake of trying to guess at answers during my hearing and the judge caught me in contradictions. Just say "I don't know" if you really don't!

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Just wanted to add one more thing that really helped me during my identity theft CUIAB hearing - if you have any text messages, emails, or voicemails from friends/family asking about unemployment benefits you supposedly filed (like "hey, didn't know you were on unemployment!" type messages), bring screenshots of those too. It shows that people in your life were surprised to hear about the claim, which supports your case that you didn't file it. I had a screenshot of my mom texting me asking if I was okay after she got a call from someone claiming to be from EDD looking for me. The judge said that was actually pretty compelling evidence. Also, if you worked during any of the weeks the fraudulent claim was collecting benefits, bring pay stubs for those exact weeks. That's pretty much bulletproof evidence that you weren't the one filing claims. The whole process is definitely stressful, but identity theft cases usually have good outcomes if you have solid documentation. Hang in there!

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I haven't gone through a CUIAB hearing myself, but I wanted to share something that might help with your preparation. My cousin dealt with identity theft at EDD last year and one thing that really strengthened her case was getting a formal letter from the Social Security Administration showing when and where her SSN was legitimately used for employment during the fraud period. You can request your Social Security Statement online at ssa.gov, and it shows your official earnings history by year and employer. If you were working legitimately during the time someone was fraudulently collecting benefits in your name, this creates an official government record that contradicts the fraudulent claim. Also, don't forget to check if your employer reported your wages correctly during that period - sometimes there are discrepancies that can actually help your case by showing you were definitely employed when the fraud occurred. The fact that you already have a police report and fraud alert puts you ahead of a lot of people. Based on everything I've read here, it sounds like identity theft cases have pretty good success rates when people come prepared with solid documentation like you're doing. Wishing you the best of luck on April 8th! You've got this!

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That's a great point about the Social Security Statement! I actually never thought about getting official documentation from SSA showing my legitimate earnings during the fraud period. That would be really solid government-backed evidence that I was working normally while someone else was fraudulently collecting benefits in my name. I'm going to request that statement right away - it's probably one of the strongest pieces of evidence I could have since it comes directly from a federal agency. Thanks for this tip, and please tell your cousin I appreciate her indirectly helping me prepare for this nightmare situation!

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