EDD interview scheduled but filed 7 months after last work day - too late to claim?
I'm freaking out because I might have messed up my unemployment claim. My last day of work was December 7, 2022 (got laid off from tech startup), but I didn't actually file for unemployment until July 7, 2023 - about 7 months later! I was using my savings and doing some gig work that dried up, so I finally applied. EDD has scheduled an eligibility interview with me, and now I'm worried they'll deny my claim because I waited too long. Has anyone filed this late after their last work day? Will they backdate my claim to December or am I just out of luck for those months? The interview is next week and I'm super stressed about it.
16 comments
Miguel Alvarez
The good news is that you CAN file for unemployment benefits after a gap - there's no strict deadline that automatically disqualifies you. However, EDD will definitely want to know what you were doing during those 7 months. During your interview, be prepared to explain: 1) Why you waited to file (using savings is valid), 2) What kind of gig work you were doing, 3) Whether you were able and available for full-time work during that period. They probably won't backdate all the way to December unless you had a good reason you couldn't file earlier, but you should still be eligible going forward from your July filing date.
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CyberSiren
•Thank you so much for the detailed response! The gig work was just food delivery, not enough hours to be considered full-time. Do you think I need to bring documentation about the gig work to prove I wasn't making enough? And should I specifically ASK them to backdate it or just wait for them to decide?
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Zainab Yusuf
ur fine i did the same thing waited like 5 months b4 i filed. they just wanna make sure u were actually laid off and not fired for misconduct. bring ur termination paperwork if u have it thats what helped me
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Connor O'Reilly
I had a similar situation last year, though I only waited about 3 months to file. In my interview, they focused a LOT on why I waited to file and what I was doing during that gap. Be super clear about your gig work - how many hours, how much you earned, etc. They're looking to make sure you were truly unemployed/underemployed and available for full-time work. One thing that tripped me up: they asked if I turned down any work during those months. I had said no to a few gig opportunities because they paid terribly, and that almost caused problems. So be prepared for very specific questions about your work search efforts during those 7 months.
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CyberSiren
•Oh that's really helpful to know! I did turn down a few delivery offers because they were too far away and would've cost more in gas than I'd make. I'll make sure to explain that clearly. Did they ask you for specific dates of when you turned down work?
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Connor O'Reilly
•They didn't ask me for exact dates, but they did want to know roughly how many opportunities I declined and my reasons. The key is whether you had "good cause" to turn down work. Distance/transportation issues can be good cause if the job wouldn't be financially viable. Just be honest but emphasize you were willing to take suitable work.
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Yara Khoury
EDD is going to GRILL you about those 7 months!! My brother waited only 3 months and they denied him because he couldn't PROVE he was looking for work during that time. Make sure you have DATES and NAMES of places you applied to during those months!!! They're looking for any reason to deny claims these days!!!
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Miguel Alvarez
•This isn't entirely accurate. While work search is important, EDD typically focuses on your work search efforts after you file your claim, not before. They're more interested in why there was a gap between the job loss and filing, and whether any disqualifying events occurred during that time (like refusing suitable work without good cause).
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Keisha Taylor
I've been through multiple EDD interviews, and I can tell you it's all about preparation. Here's what you should bring to your interview: 1. Termination letter or any documentation from your previous employer 2. Records of your gig work (payment statements, app history, etc.) 3. A written timeline of the past 7 months showing what you were doing and why you waited to file 4. Bank statements showing your savings being depleted (supports your story) 5. Any job search records you might have from that period As for backdating, they likely won't automatically backdate to December. You'd need to specifically request it during the interview and have a compelling reason why you couldn't file earlier. "I was living off savings" might not be sufficient since you could have filed while using savings. By the way, if you're having trouble reaching EDD to prepare for this interview, I recently used a service called Claimyr (claimyr.com) that got me through to an EDD rep in under 20 minutes after I'd been trying for days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Might be worth it to get some pre-interview guidance directly from EDD.
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CyberSiren
•This is incredibly helpful, thank you! I'll put together that documentation right away. I actually have been trying to call EDD with some specific questions before my interview but can't get through. I'll check out that Claimyr service - at this point I'd do anything to talk to someone before my interview!
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StardustSeeker
dont stress too much about the interview. i had one and the lady was super nice, just asked basic questions about my work history. took like 10 mins tops. just be honest about why u waited.
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Paolo Marino
Question for anyone who knows - I'm in a kinda similar situation (filed 4 months after layoff) and my interview is tomorrow. If they approve my claim, will I get benefits starting from when I filed or could they potentially backdate it? I've been certifying every two weeks since I filed even though nothing has been paid yet because of the pending interview.
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Miguel Alvarez
•Generally, benefits start from when you filed, not your last day of work, unless you specifically request backdating and have good cause for the delay (like illness, technology issues, or EDD misinformation). Keep certifying as you're doing - if approved, you'll get paid for those weeks you've certified for since filing.
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Paolo Marino
•Thanks! That makes sense. Good luck with your interview OP!
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Connor O'Reilly
Just wanted to follow up - how did your interview go? I'm curious because my cousin is in almost the exact same situation (waited about 5 months to file after being laid off).
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CyberSiren
•The interview was yesterday and it actually went better than expected! They asked a lot about why I waited (I explained about my savings) and details about my gig work. They seemed satisfied with my answers and told me I should see a decision in my account within 10 days. They did say they couldn't backdate to December since I chose to use my savings first, but I'll at least get benefits from July when I filed. That Claimyr service someone mentioned helped me reach EDD beforehand which really helped me prepare!
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