If I get denied unemployment can I apply again with California EDD?

Okay so the appeal is the right move, not starting over. Does the appeal cost anything or is it free to file?

Completely free. You file it through UI Online or mail in the paper form. Just make sure you include a written statement explaining why the disqualification reason is wrong and attach any documentation you have like termination letters, emails, whatever supports your story.

This is right. I went through a misconduct denial last year and won my appeal. The key is getting documentation from your employer that contradicts their original claim. In my case HR had sent me a layoff letter and EDD accepted that as proof it wasn't misconduct.

Good question. If you got denied because of a disqualification like misconduct, you appeal the existing claim - you don't file a new one. But if your claim was denied for a technical reason like not meeting the base period earnings requirement, THEN you might file a new claim under different circumstances once you qualify. Two completely different situations.

ohhhh okay that makes more sense. so OP needs to appeal not reapply got it

I've been trying to call EDD for days and can't get through at all. Might actually try this, thanks.

does it actually work? EDD phones feel impossible

It worked for me. I was skeptical too but I was desperate at that point. Got connected to a real agent within the same day and was able to ask all my questions about the appeal process directly.

going to look into this too, been trying to reach EDD for two weeks straight

This is really helpful to know. I do have a text from my supervisor saying the warehouse was slowing down and they needed to reduce staff. Would that be enough?

That text could be very valuable evidence. Screenshot it, back it up somewhere. Also if you have any written communication showing you weren't given any warnings or write-ups for behavior issues, that helps establish there was no actual misconduct. EDD puts the burden of proof on the employer to show misconduct existed.

Agreed on the text being useful. I'd also request any employment records you're entitled to, like performance reviews. Having clean reviews right up until a 'misconduct' termination looks really bad for the employer's credibility with the appeals judge.

That's terrifying to hear. Did you eventually get approved on the second appeal?

second time around i knew more about what to present and yes i finally got approved but it took like 5 months total. the whole process is exhausting

Five months is brutal. Were you able to get any backdated payments once you won or did they only pay going forward?

I got back payments all the way to my original filing date which was a big relief. Make sure you keep certifying for your weekly claims even while the appeal is pending - that part is super important

Oh wow I didn't know that. I actually stopped certifying after I got the denial notice. Can I go back and certify for the missed weeks?

You can request to certify for past weeks but you'll need to contact EDD directly to unlock those weeks since they've passed. This is another situation where getting through to an actual agent on the phone would really help you - they can manually process those backdated certifications.

this is really important info that nobody tells you when you get denied. glad someone posted it

So my employer will be on the call too? That's kind of nerve wracking honestly.

Yes but don't panic about it. Just stick to the facts, present your evidence clearly, and let the judge ask questions. Most claimants who appeal misconduct denials with good documentation do reasonably well. The judge isn't there to take sides, they're looking at the facts.

Also worth noting you can request a postponement of the hearing if you need more time to gather documentation. Don't rush into the hearing unprepared.

I got the letter about 5 days ago so I still have time but you're right I should not sit on this

Definitely get it filed this week if you can. Better to file an incomplete appeal and add documentation later than to miss the deadline entirely.

This is such a critical point. Missing the appeal deadline basically means you have to start completely fresh and lose all those potential back payment weeks. Don't let it slip.

That's actually a different situation. What you're describing is filing for a new benefit year which is normal and expected - claims expire after a year and if you're still unemployed you file a fresh claim. The OP's situation is a disqualification appeal which is different. For your situation just go to UI Online and start a new claim, it's pretty straightforward.

Oh okay good, that's less complicated than I thought. Thanks for clarifying

Okay two people have mentioned this service now. I'm definitely going to try it because I cannot keep calling and getting nowhere.

The video at https://youtu.be/JmuwXR7HA10 shows how it works if you want to see before you commit. It's not complicated at all.

wish i had known about this when i was fighting my appeal. spent so much time on hold going nowhere

For a base period earnings issue you actually can reapply once you have sufficient wages in a new base period. EDD uses the first four of the last five completed quarters to calculate your base period. Once you have enough earnings in that window you can file a new claim. There's no waiting period beyond just having the qualifying wages.

okay so i should be able to file again in a few months then. good to know, thank you

This is really practical advice thank you. I'm going to write out a timeline tonight.

Good luck. Also keep copies of everything you submit. EDD has been known to lose documents.

The timeline approach is exactly right. And attach any exhibit like documents with a labeled reference in your statement - 'as shown in Exhibit A' - so the judge can follow along easily.

I had no idea there were multiple appeal levels. Hopefully I won't need that but good to know it exists.

That's true but the second level appeal doesn't involve a new hearing - it's a review of the record from the first hearing. So you really want to make your best case at the ALJ level where you can actually present evidence and speak.

That's exactly what it feels like from the inside. The default seems to be deny and see who bothers to push back.

There's some truth to this but also a lot of employers do misrepresent things to EDD which causes denials that shouldn't happen. The appeals process exists to catch those errors it just requires you to know your rights and document everything.

Glad it worked out but I wouldn't recommend trying both at once on purpose - it can create confusion in your account and delay things even more.

yeah definitely not recommending it lol it was a mess. just saying even if you make a mistake it's not necessarily the end of the world

Your weekly benefit amount is based on your base period wages and gets calculated when the claim is first filed. Winning an appeal doesn't change that amount - you'd get paid the same weekly benefit amount that was originally calculated, just for the weeks that were denied during the disqualification period.

okay good, that's what I was hoping. thanks

This is so reassuring to see. I'm going to do the same thing with Claimyr and also make sure I get my appeal filed before that 30 day window closes. Thank you everyone in this thread.

good luck! document everything and you've got this

Rooting for you. Come back and update us when you get your decision.

This is an incredibly clear summary. This should be pinned somewhere.

bookmarking this whole thread honestly

thank you this cleared up a lot of confusion i had too