Missed EDD appeal hearing - can I get a second chance after no-show? Need help with $9.5K overpayment
I'm absolutely devastated right now. I just realized I missed my EDD appeal hearing that was scheduled for yesterday and I don't know what to do. When I filed the appeal for my overpayment notice ($9,500!), I only received an acknowledgment letter saying they got my appeal and that another letter with the hearing date would be sent separately. I NEVER received the second letter with the actual date and time! I was laid off from my restaurant management job when everything shut down and collected benefits legitimately according to the rules at that time. Now they're saying I didn't qualify and want all the money back? I can barely pay my rent as it is. Has anyone successfully requested a new hearing after missing the first one? Do I need to file something special with the appeals board? I'm seriously on the verge of a breakdown thinking about this $9,500 debt hanging over my head for something that wasn't my fault. Any advice would be so appreciated.
29 comments


Isabella Santos
Yes, you can definitely request a new hearing! This is called "good cause" for missing the hearing. I missed mine too (was in the hospital) and got a second chance. You need to immediately call the Office of Appeals AND submit something in writing explaining you never received the hearing notice. They usually give 20 days from the decision date to request this. Don't wait!
0 coins
Malik Johnson
•Oh thank goodness!! Do you know what form I need to fill out? And should I mail it or is there a way to submit it online? I'm worried about mail delays making things worse.
0 coins
Ravi Sharma
This happened 2 me last yr but it was cuz I moved & didnt update my address lol. Call the appeals office ASAP & tell them u never got the notice. They'll probably ask for proof that u didn't get it but like how do u prove u didnt get mail?? Anyway they approved my request for new hearing but took like 6 weeks to get scheduled again so be ready to wait.
0 coins
Freya Larsen
•how is op supposed to prove they DIDNT receive something?? the edd system is so broken. i swear they do this on purpose to trip people up and collect overpayments. happened to my cousin too except they sent the hearing notice to an address she hadn't lived at in 5 years!
0 coins
Omar Hassan
I'm an attorney who has handled many EDD appeals. Here's what you need to do: 1. File a Request to Reopen immediately (within 20 days of missing the hearing) 2. Clearly state you never received the hearing notice in your request 3. Gather any evidence that might support your claim (informed delivery screenshots from USPS, etc.) 4. In the meantime, request a copy of the unfavorable decision that was likely issued after your no-show The administrative law judge has discretion to reopen your case if they believe you had "good cause" for missing the hearing. Not receiving notice is definitely considered good cause. Don't panic - this happens more often than you'd think.
0 coins
Malik Johnson
•Thank you so much for this detailed information! I just checked my mailbox today and found the decision letter - they ruled against me because I didn't show up. I'll file that Request to Reopen right away. Do you know if I'll need to prepare anything different for the new hearing compared to what I originally planned?
0 coins
Chloe Taylor
THE SAME THING HAPPENED TO ME!!! I got the first letter saying they received my appeal but never got the actual hearing date. Called EDD like 20 times and couldn't get through so I gave up. Ended up having to make a payment plan for $12K 😭 I wish I'd known I could request a new hearing. The system is DESIGNED to make us fail.
0 coins
Isabella Santos
•It's not too late for you either! You can still file a late appeal if it's been less than 6 months and you have good cause for missing the deadline. The fact you never received notice could qualify. Worth trying instead of paying back $12K you might not owe!
0 coins
ShadowHunter
Try using Claimyr to get through to an EDD representative right away. I was in a similar situation with a missed hearing and couldn't get anyone on the phone for days. Used their service at claimyr.com and got connected to a rep in about 20 minutes who walked me through the process for requesting a new hearing. They have a video demo here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Getting actual guidance from EDD directly made a huge difference in my case instead of trying to figure it out myself.
0 coins
Malik Johnson
•I hadn't heard of this service before! Just watched the video and it looks really helpful. I've been trying to call EDD all morning with no luck. I'll give this a try - at this point I'm desperate to talk to an actual person who can help me.
0 coins
Diego Ramirez
just wondering but what was ur appeal about? was it for regular ui or pua? cuz if it was pua they're going after everyone who got that during covid saying we all committed fraud when the government literally told us to apply
0 coins
Malik Johnson
•It was regular UI. I worked as a restaurant manager for 3 years before COVID shut everything down. They're saying now that I didn't have enough earnings in my base period, but I definitely did! I think they're looking at the wrong quarters or something. That's why I really need this appeal hearing.
0 coins
Omar Hassan
Quick update on my earlier advice - when you file your Request to Reopen, be very specific about why you never received the notice. Was your address correct with EDD? Did you have any mail delivery issues during that time? Check your UI Online account too - sometimes notices are posted there even if they don't arrive by mail. The judge will want to see that you acted promptly once you discovered you missed the hearing. Document everything - when you found out you missed it, what steps you took immediately after, etc. This strengthens your good cause argument.
0 coins
Chloe Taylor
•This reminds me - OP should check if their UI Online messages are set up to forward to email! I missed important notices because they were only in my UI Online inbox and I never got email alerts. There's a setting for that somewhere in the account preferences I think
0 coins
Isabella Santos
Oh! And make sure when you do get your new hearing that you're SUPER prepared. Have all your wage info, employment details, separation documents, and whatever else relates to your case. The judges appreciate organization. And write down your main points - it's easy to get flustered during these hearings and forget important details.
0 coins
Malik Johnson
•Great advice - thank you! I'm already gathering all my employment records, past pay stubs, and the layoff notice. I'll definitely write down talking points too. I'm so nervous about the whole thing but feeling a little more hopeful now.
0 coins
Freya Larsen
anyone else notice this happens WAY too often with edd? they claim they sent notices but people never get them, then blame us for not responding? my theory is they're hoping people just give up and pay instead of fighting it. stay strong OP and don't let them intimidate you!
0 coins
Ravi Sharma
•For real!! My neighbor works at the post office and says EDD mail is super recognizable so sometimes it gets stolen too. Idk if thats whats happening but something fishy going on with their notices not arriving
0 coins
Malik Johnson
UPDATE: I want to thank everyone for the advice! I submitted my Request to Reopen yesterday and called the Appeals office this morning (took forever to get through). The person I spoke with confirmed they received my request and said the judge will review it within 10 business days. She also noted in my file that I never received the hearing notice. Fingers crossed I get a second chance! I'll update again when I hear back.
0 coins
Isabella Santos
•That's great news! The fact that you acted so quickly will definitely help your case. Keep us posted on what happens - I'm rooting for you!
0 coins
Ella Knight
I'm dealing with a similar situation right now! I missed my hearing because they sent the notice to my old address even though I updated my info with EDD months ago. The stress is unreal - I can't sleep thinking about the $7,800 they want back. One thing that helped me was documenting EVERYTHING. I took screenshots of my address change confirmation, saved all my EDD correspondence, and even got a statement from my old landlord saying no mail came for me after I moved. The more evidence you have that you never received the notice, the stronger your case will be. Also, don't beat yourself up about this! The system is confusing and they make it way harder than it should be. You're taking the right steps by filing that Request to Reopen. Hoping it works out for both of us! 🤞
0 coins
Amy Fleming
•Thank you for sharing your experience - it's both reassuring and frustrating to know I'm not alone in this! That's such a smart idea about getting documentation from your old landlord. I didn't think of that. I'm going to check if my post office has any records or if there were any delivery issues during that time period. The stress really is overwhelming, isn't it? I keep waking up at 3am thinking about that $9,500. But reading everyone's responses here has given me so much hope. It sounds like these missed notice situations happen more than they should, and people do get second chances. Fingers crossed for both of us! Please keep me posted on how your case goes too 🙏
0 coins
Mateo Gonzalez
I went through this exact same nightmare about 8 months ago! I missed my hearing because EDD sent the notice to an address I hadn't lived at in over a year, even though I had updated my address multiple times in their system. The panic and sleepless nights are so real - I completely understand what you're going through. Here's what worked for me: I filed the Request to Reopen within 5 days of finding out I missed the hearing, and I included a detailed timeline of when I updated my address, screenshots from my UI Online account showing the correct address, and even a USPS mail forwarding confirmation. The key is being very thorough and showing you acted in good faith. My new hearing was scheduled about 6 weeks later, and the judge was actually pretty understanding about the mail issue. I ended up winning my appeal and didn't have to pay back the $8,200 they were demanding. The most important thing is staying organized and not giving up - the system is definitely broken but you can work through it. Hang in there!
0 coins
Giovanni Colombo
•This gives me so much hope! Thank you for sharing your success story. It's really encouraging to hear that you won your appeal after going through the same missed notice situation. I'm definitely going to follow your advice about being thorough with documentation - I'll gather everything I can to show I never received that hearing notice. The fact that the judge was understanding about mail issues makes me feel a bit better about my chances. Six weeks feels like forever to wait for a new hearing when you're stressed about thousands of dollars, but it's better than being stuck with the debt. I really appreciate you taking the time to share your experience - it helps so much to know others have been through this and come out okay!
0 coins
Kayla Jacobson
I'm so sorry you're going through this - the anxiety and stress of a missed hearing is just awful! I went through something similar last year where I never received my hearing notice either. Here's what I learned from my experience: 1. You're doing the right thing filing the Request to Reopen immediately - time is critical here 2. When you get your new hearing, ask the judge to note on the record that you never received the original notice. This helps establish the pattern if it happens again 3. Consider setting up USPS Informed Delivery if you haven't already - it emails you photos of mail that's supposed to arrive each day, which can serve as evidence if notices go missing The good news is that judges see this situation ALL the time with EDD cases. Not receiving proper notice is absolutely considered good cause for missing a hearing. I ended up getting my new hearing about 5 weeks after filing my request, and the judge was very understanding about the mail issues. One more tip: start preparing for your actual appeal hearing now while you wait for approval of your reopening request. Gather all your employment records, wage statements, and any documentation about your layoff. Being super prepared will help you feel more confident when the time comes. You've got this! The fact that you're taking action so quickly shows you're handling this the right way. Keep us updated - we're all rooting for you! 💪
0 coins
Carmen Diaz
•This is incredibly helpful advice - thank you so much! I never thought about asking the judge to note the missed notice issue on the record, but that's such a smart idea in case there are any future problems. I'm definitely going to sign up for USPS Informed Delivery right away - that would have saved me so much stress if I'd had it before! You're absolutely right about starting to prepare for the actual hearing now. I've already started gathering my employment records and pay stubs, but I'll make sure to get everything organized properly. It does help to have something productive to focus on while I wait for the reopening decision. The encouragement means the world to me - this whole situation has been so overwhelming and scary. Knowing that judges see this mail issue frequently and are understanding about it gives me real hope. I'll definitely keep everyone updated on how things progress. This community has been such a lifeline during all of this! 🙏
0 coins
Freya Andersen
I'm going through this exact same situation right now and feeling so overwhelmed! I missed my EDD appeal hearing last week because I never got the notice either - just like you, I only received the acknowledgment letter but nothing with the actual date and time. It's such a relief to read all these responses and know this happens to other people too. I called the Appeals office yesterday after reading the advice here and they confirmed I can file a Request to Reopen. The representative was actually pretty helpful and said not receiving the hearing notice is definitely considered "good cause" for missing the hearing. She told me to be very detailed in my written explanation about never receiving the notice. My overpayment is $6,800 and I've been losing sleep over it just like you. But seeing all the success stories in this thread gives me hope! It sounds like if we act quickly and document everything properly, we have a real chance at getting new hearings. Hang in there - you're not alone in this mess! 💙
0 coins
Mateo Rodriguez
•I'm so glad you found this thread helpful! It really does make such a difference knowing we're not alone in dealing with this frustrating situation. The fact that the Appeals office representative confirmed that not receiving the notice is good cause is really encouraging - it sounds like they see this problem frequently enough that they have a standard process for handling it. $6,800 is still a huge amount of money to be stressed about, so I totally understand the sleepless nights. But you're absolutely doing the right thing by acting quickly on the Request to Reopen. From everything I've read in these responses, being prompt and thorough with documentation seems to be key to getting approval for a new hearing. Keep us posted on how your request goes! It's really helpful to hear from others going through the same process right now. We can all support each other through this stressful time. You've got this! 🙏
0 coins
Andrew Pinnock
I'm so sorry you're dealing with this stress! I went through almost the exact same situation about 4 months ago - missed my hearing because EDD sent the notice to my previous address even though I had updated my info with them twice. The panic is real, but you're absolutely taking the right steps. A few things that helped me get through the Request to Reopen process: 1. I wrote a very detailed timeline in my request - when I filed the original appeal, when I expected to receive the hearing notice, when I realized I missed it, etc. Be specific with dates. 2. I included screenshots from my UI Online account showing my correct address was on file, plus confirmation emails from when I updated it. 3. The judge who reviewed my reopening request actually called me directly to ask a few questions, which was nerve-wracking but showed they were taking it seriously. My new hearing was scheduled about 7 weeks later, and I ended up winning the appeal completely - no overpayment required! The administrative law judge said mail delivery issues with EDD notices are unfortunately very common and she sees these cases regularly. The waiting period is absolutely brutal when you're worried about thousands of dollars, but try to use that time productively to prepare your case. You're going to get through this! Keep fighting - don't let them intimidate you into just paying when you may not owe anything at all.
0 coins