How to get EDD appeal hearing case file copy before upcoming hearing?

You absolutely need to get that case file! Call the Office of Appeals directly using the number on your hearing notice. You need to specifically ask for a copy of the 'appeal file' or 'case file' - be very clear about that. If nobody answers (which is unfortunately common), keep calling periodically throughout the day. Also send a written request via email or fax to the specific Appeals office handling your case - the email/fax should be on your hearing notice. Make sure to include your husband's name, SSN, case/appeal number, and hearing date in all communications. The case file will contain all the evidence EDD is using, including any employer statements claiming misconduct, which will be crucial for preparing your defense.

i had my appeal last year. you gotta submit form DE 6313 Request for Copy of Appeal File. they should hav sent it with your hearing notice but if not u can download from EDD website. they usually take up to 10 days to send it so request ASAP!!!!

When I had my appeal hearing last year the judge was TERRIBLE and totally sided with my employer even though I had proof they were lying!!! The whole EDD appeal system is rigged I swear. They'll claim they sent you forms but half the time they don't even mail them. And good luck getting through on those phone numbers - I tried for WEEKS and never got a human on the line. The appeals office is just as bad as regular EDD with their phones. Your best bet is to physically go to the appeal office if possible.

After dealing with EDD's phone issues for weeks trying to reach someone about my appeal hearing last month, I finally tried Claimyr and got through to an actual EDD appeals rep in under 20 minutes! It was such a relief after all that frustration. Their system connects you directly to EDD without having to redial constantly. You can see how it works at claimyr.com or check their demo video (https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km). It made getting my case file so much easier - definitely worth considering if you're running out of time before your hearing.

I'm an administrative law specialist, and I can provide some clarification here. In California, you have the legal right to examine your appeal file before the hearing. Here's the proper procedure: 1. Submit a written request to the Office of Appeals handling your case 2. Include your appeal case number, claimant name, and hearing date 3. Specify that you're requesting the complete appeal file pursuant to California Unemployment Insurance Code Section 1952 They legally must provide this upon request. If you're running short on time before the hearing, you can also request a continuance (postponement) specifically because you need time to review the case file. The judge will typically grant this request as it relates to due process rights. Also, for a misconduct case, make sure you understand that the burden of proof is on the employer to prove misconduct, not on your husband to disprove it. This is a critical legal distinction that can help your case.

my cosin had similar situation got denied for miscondut but it was really a layoff. they waited till last minute to send his case file so be persistant!!! he won his appeal btw because he printed out all his positive reviews and performance stuff to prove the employer was lying about misconduct. bring lots of documentation!!!!

Just wanted to add that you should prepare a list of questions to ask the employer during the hearing. When they claimed misconduct for my termination, I was able to point out inconsistencies in their story by asking specific questions about their policies and how they were applied. The judge actually complimented me on my preparation. Also, dress professionally and speak clearly - first impressions matter a lot in these hearings. And don't forget to ask for a copy of the recording afterward so you have it in case you need to appeal to the CUIAB board. Good luck!

One last piece of advice - once you get the case file, go through it with a fine-tooth comb. Look for any inconsistencies in the employer's statements, dates that don't match up, or claims that contradict your husband's employment record. During the hearing, be respectful but assertive in pointing these out. Stay organized and stick to relevant facts. Judges appreciate concise, well-organized presentations rather than emotional appeals. If your husband truly was laid off rather than fired for misconduct, focus on presenting the evidence that supports this fact pattern. Best of luck with your hearing!