Phone vs in-person EDD appeal hearings - does method affect outcome?
I got disqualified for supposedly not reporting some income (which I definitely did report!) and I'm filing an appeal this week. The appeal form asks if I want a hearing over the phone or in person. I'd much rather do it by phone since the appeal office is 90 minutes away and I don't drive, but I'm worried that might make me look less serious about my case or give me a disadvantage somehow. Has anyone done both types of hearings or know if one gives you a better chance at winning? My roommate said the judge can see your body language in person which might help, but phone seems so much easier. This is for a $4,200 overpayment notice so I really need to win this appeal.
18 comments
Mei Chen
I've been through both types of hearings as an HR rep (helping former employees with their claims). In my experience, the METHOD of hearing doesn't impact the outcome at all. The judges care about your evidence and explanation, not whether you're on the phone or in the room. The phone option is perfectly fine and many people choose it. What DOES matter is your preparation: 1) Gather all evidence showing you reported income correctly 2) Have your certification history printed out 3) Prepare a clear timeline of events 4) Be ready to explain exactly how/when you reported the income they claim you didn't. The judge will give equal consideration regardless of how you appear. Good luck!
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Jamal Thompson
•Thank you so much for this! That's a huge relief. I definitely have all my paystubs and screenshots of my certifications where I reported the income. I'll go with the phone option then. Did you notice any difference in how long the different types of hearings usually take?
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CosmicCadet
Did mine by phone and won! Honestly just felt more comfortable in my own space where I could have all my paperwork spread out without feeling nervous. Just make sure you're in a quiet place with good reception!
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Liam O'Connor
•Same. Phone hearing was fine. Judge was actually super nice. In person always makes me nervous, id much rather fight my battles over the phone lol. Plus i got to sit in my pjs with snacks during a stressful situation.
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Amara Adeyemi
I HAD THE EXACT SAME PROBLEM!!! EDD said I didn't report $2,300 in income but I DID!!!! I did my appeal in person because I wanted to look the judge in the eye and I WON but it was a HUGE hassle getting there. Had to take off work, pay for parking, and wait around for 2 hours because they were running behind. If I could do it again I'd 100% choose phone. The system is RIGGED to make it hard for us regular people to fight back!!!!
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Jamal Thompson
•Wow, sounds like such a hassle! Did they give you any compensation for having to miss work for their mistake? I'm definitely leaning toward phone now. Glad you won your case!
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Giovanni Gallo
ive done both. in person in 2022 and phone last year. won both times. phone was way easier. judges ask same questions either way.
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Fatima Al-Mazrouei
Speaking as someone who works in legal aid (though not specifically for EDD cases), the format of your hearing generally doesn't affect the outcome. What matters most is the strength of your evidence and how clearly you can explain your situation. One benefit of phone hearings: you can have notes in front of you without looking like you're reading from a script. Just be sure to: - Test your phone connection beforehand - Be in a quiet location - Have all documents clearly organized and numbered - Speak clearly and concisely Also, remember to mail/fax copies of all your evidence to the Appeals Board BEFORE your hearing date (at least 5 business days prior). They need to have your documentation in advance, regardless of hearing type.
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Jamal Thompson
•That's a really good point about having notes in front of me! I get nervous and sometimes forget important details when I'm put on the spot. I'll definitely send all my documentation in advance - thanks for the reminder about the 5 business days timeline.
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Dylan Wright
Have you tried calling EDD directly to resolve this before going through the whole appeal process? I had a similar issue where they claimed I didn't report income but it was actually their error. I was struggling to get through on the phone for weeks until I found this service called Claimyr that got me connected to an EDD rep in about 20 minutes. The rep was able to see that it was their system error and fixed my claim without needing an appeal. Saved me so much hassle! You can check them out at claimyr.com - they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km
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Jamal Thompson
•I tried calling EDD multiple times but could never get through - just kept getting the "we're experiencing high call volume" message. I'll check out that service because honestly if I can resolve this without going through the appeal that would be amazing. Has anyone else used this Claimyr thing?
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CosmicCadet
The real difference isn't phone vs in-person, it's how prepared you are! Make sure you have: 1) All pay stubs 2) Bank statements showing deposits 3) Any emails/messages with your employer about hours 4) Screenshots of your certifications where you reported the income. Having everything organized matters way more than how the judge sees or hears you.
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Liam O'Connor
my sister works for a different state agency and she said the judges actually prefer phone hearings these days because they can get thru more cases. so dont worry!!
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Giovanni Gallo
•makes sense, probably easier for them too
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Amara Adeyemi
Just wondering, did you get one of those generic notices that doesn't even explain WHICH income they think you didn't report?? That happened to me and I had to go through 6 months of bank statements to figure out what they were even talking about! The whole system is designed to make us give up and just pay!!
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Jamal Thompson
•Yes!! The notice was so vague! It just said I "failed to report income for the period ending 3/15/2025" but didn't specify which employer or how much. I had to call THREE TIMES before someone would tell me exactly what they were referring to. So frustrating.
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Mei Chen
One additional tip: If you go with the phone hearing (which sounds like the right choice for you), make sure to prepare a one-page summary of key events with dates. When the judge asks questions, it's much easier to refer to your timeline than shuffling through papers. Keep explanations brief and factual - judges appreciate when you respect their time. Also, the average phone hearing lasts 30-45 minutes, while in-person can go longer (45-60 minutes) because of administrative procedures at the office.
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Jamal Thompson
•Thank you for the timeline tip! I'll definitely make a one-pager with all the key dates. And good to know about the timing - that's another reason to go with phone since I won't need to take as much time off work.
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