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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

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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

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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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Philip Cowan

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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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Caesar Grant

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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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Lena Schultz

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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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Gemma Andrews

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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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Caesar Grant

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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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Philip Cowan

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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

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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

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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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Mae Bennett

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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

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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

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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

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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

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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

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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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Kara Yoshida

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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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