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.
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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!
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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.
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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.
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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!
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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.
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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?
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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.
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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!
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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!
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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
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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.
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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!
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