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!
31 comments


Mateusius Townsend
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
•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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Kara Yoshida
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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Philip Cowan
•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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Caesar Grant
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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Lena Schultz
•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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Gemma Andrews
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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Caesar Grant
•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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Philip Cowan
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
•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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Pedro Sawyer
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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Mateusius Townsend
•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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Mae Bennett
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
•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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Lena Schultz
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
•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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Mateusius Townsend
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
•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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Caesar Grant
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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Kara Yoshida
•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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Zoe Dimitriou
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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Dominic Green
•That's such a smart tip about the text messages! I never would have thought of that. I actually do have a voicemail from my sister asking if I was really collecting unemployment after she heard something through the family grapevine. I'll definitely include that in my evidence packet. It's crazy how this fraud stuff affects everyone around you too, not just the victim. Thanks for sharing your experience!
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Miguel Castro
I'm going through something similar right now - identity theft fraud case with EDD that's been a complete nightmare. Haven't had my CUIAB hearing yet but reading all these responses is really helping me prepare. One thing I wanted to add that might help you - when I was gathering evidence, my bank suggested I get a letter from them stating that I never received any EDD deposits during the fraudulent claim period. It's official bank letterhead documenting that those funds never hit my account, which seems like it would be pretty solid proof. Also, if you have any medical records or other appointments during the time when someone was supposedly calling in or filing claims in your name, that could help establish where you actually were. I found some dental appointment records that show I was in appointments during times when the fraud claim shows "phone contact with claimant." This whole thing is so stressful but it sounds like most people who have good documentation do win these cases. Rooting for you at your April 8th hearing!
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Luca Ferrari
•Those are excellent suggestions, especially the bank letter! I hadn't thought about getting official documentation from my bank showing no EDD deposits. That seems like it would be really strong evidence since it's coming from a third party. I'm also going to check my calendar and see if I have any appointments or other documented activities during the times when the fraudulent activity occurred. It's reassuring to hear that most people with good documentation win these cases - gives me hope for my April 8th hearing. Thanks for the encouragement and good luck with your case too!
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Zoe Christodoulou
I went through a similar CUIAB identity theft appeal last year and wanted to share what worked for me. My hearing was scheduled for 10am and they called exactly at 10:02am - be ready! The whole hearing took about 45 minutes. The Administrative Law Judge was actually very thorough and fair. They asked me to walk through the timeline of when I first discovered the fraud, what steps I took immediately, and how I knew it wasn't me who filed. Key things that helped my case: - I had screenshots of my UI Online account showing I had never registered before discovering the fraud - Cell phone records showing I wasn't in California during some of the times the fraudster was supposedly filing claims - A notarized statement from my employer confirming my work schedule during the fraud period The decision came back in my favor after exactly 38 days. They not only cleared the fraud from my record but also put additional security measures on my SSN in their system. One tip: when they ask "Is there anything else you'd like to add?" at the end, have a brief summary prepared. I said something like "Your Honor, I've provided documented proof that I was working full-time, never registered for benefits, and took immediate action when I discovered this fraud. I respectfully request that you find in my favor and clear my record." You've got this! The truth is on your side.
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Andre Dupont
•This is so helpful, thank you for sharing your experience! I'm definitely going to prepare a closing statement like you suggested - that's really smart to have something ready when they ask if there's anything else to add. The fact that your decision came back in 38 days gives me hope that mine won't take forever. I'm also going to check if I can get cell phone records showing my location during the fraud period - that's brilliant evidence I hadn't thought of. Really appreciate you taking the time to share all these details!
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Hugo Kass
I went through a CUIAB identity theft hearing about 8 months ago and wanted to share some practical tips that really helped me. My decision took exactly 42 days after the hearing, which seems pretty typical based on what others are saying here. A few things that made a big difference in my case: 1. **Timeline document** - I created a simple table with dates, what happened, and what evidence I had for each event. The judge referred to it multiple times during the hearing. 2. **Screenshots of your UI Online account** - If you never had an account before discovering the fraud, screenshot the account creation date. Mine showed the account was created months before I even knew about it. 3. **Work schedule documentation** - I got a letter from HR showing my exact work schedule during the fraud period. Really helps prove you were busy working, not filing claims. 4. **Credit monitoring alerts** - If you have any emails from credit monitoring services about new accounts or inquiries around the same time as the fraud, include those. The hearing itself was less scary than I expected. The judge was professional and really listened. They asked detailed questions about when I first found out, what I did immediately after, and walked through my evidence step by step. One thing nobody mentioned - after you win (and you likely will with good documentation), ask them to put extra security flags on your SSN in their system to prevent future fraud. They can do this but you have to specifically request it. You're going to do great on April 8th! Having all this evidence lined up puts you in a really strong position.
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Morita Montoya
•This is such comprehensive advice, thank you! I'm definitely going to create that timeline document - having everything organized in a table format sounds like it would really help both me and the judge stay focused during the hearing. The tip about requesting extra security flags on my SSN after winning is something I never would have thought to ask for, but that makes total sense given that someone already successfully used my identity once. I'm feeling much more prepared and confident about my April 8th hearing after reading everyone's experiences here. It's really reassuring to know that the judges are fair and actually listen to the evidence. Thanks for taking the time to share all these practical tips!
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James Maki
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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Daryl Bright
•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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Jamal Wilson
I went through a very similar CUIAB identity theft hearing about 6 months ago and wanted to share what the actual hearing was like since I was terrified beforehand too! The hearing was by phone and lasted about 35 minutes. The Administrative Law Judge was actually really patient and professional - not intimidating at all. They started by confirming my identity and explaining the process, then asked me to tell my story chronologically. Here's what they asked me specifically: - When did you first become aware of the fraudulent claim? - What was your employment status during the time benefits were allegedly collected? - What immediate steps did you take when you discovered the fraud? - Have you ever applied for unemployment benefits before this incident? - Do you have any idea how someone might have obtained your personal information? The judge was most interested in the timeline and my employment records. Having pay stubs for the exact weeks when fraudulent benefits were collected was huge - it's pretty much impossible to argue that you were both working full-time AND collecting unemployment. My decision took 6 weeks exactly and was fully in my favor. They not only cleared the fraud but also noted in their decision that there was "clear and convincing evidence" of identity theft, which helped when I had to deal with other agencies. One thing that really helped was staying factual and not getting emotional during the hearing. I know it's infuriating to be accused of fraud you didn't commit, but the judge appreciated that I stuck to facts and timeline. You're going to do great! Having all your documentation organized shows you're taking this seriously, and that goes a long way with the ALJ.
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