Reapplying after EDD disqualification weeks - before benefit year ends?
I'm in a really frustrating situation with my unemployment claim. I was disqualified for 6 weeks (March-April) because of an availability issue when I was taking care of my mom after her surgery. I've been certifying again since May and getting paid, but my benefit year doesn't end until December 2025. The EDD rep I finally got on the phone (after 3 days of calling) told me those disqualified weeks are just permanently gone? That doesn't seem right. I have records showing I was still eligible during most of that period, and I really need those payments with my car transmission failing last month. Is there a process to reapply or appeal for those specific disqualified weeks even though I'm currently receiving benefits again? The rep seemed rushed and just kept saying "your claim is active now, be grateful" which wasn't helpful at all. Has anyone successfully gotten EDD to reconsider disqualified weeks within the same benefit year?
18 comments
Keisha Robinson
Yes, you can appeal those disqualification determinations! There's an important distinction between being disqualified for specific weeks versus having your entire claim disqualified. For week-specific disqualifications, you need to file what's called a DE 1000M (Appeal Form). The key is you need to do this within 30 days of receiving each disqualification notice. If you're outside that 30-day window, you can still file with "good cause" for the late appeal, explaining why you couldn't appeal sooner. Include any documentation showing you were actually eligible during those weeks. The appeal form is available on the EDD website under Forms and Publications, or you can call and request they mail you one.
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Yara Haddad
•Thank you so much! I'm definitely outside the 30-day window since this happened in March-April and it's now August. Do you think caring for my mom and being overwhelmed with her medical situation would count as "good cause"? I honestly didn't even understand the disqualification notices when they came - I just saw I wasn't getting paid and figured I did something wrong.
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Paolo Conti
same thing happend to me last yr!! the EDD is completly ridiculous with there disqualifications. i got disqualifed for 3 weeks for "not available" when i was literally sitting at home waiting for work. you should just file the appel asap dont wait
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Yara Haddad
•Did you win your appeal? I'm worried about wasting time if there's no real chance they'll reverse it.
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Amina Sow
The previous advice about filing a DE 1000M appeal is correct. I want to add some important information though: 1. For "good cause" for late appeals, medical situations (yours or a family member's) often qualify, but you'll need documentation. 2. Keep certifying for all weeks while your appeal is pending. 3. You'll eventually have a hearing with an Administrative Law Judge - be prepared with all documentation showing you were available for work despite caring for your mother. 4. If you win, you'll receive backpay for those disqualified weeks. One critical point - disqualified weeks are different from "penalty weeks" which truly can't be recovered. Based on what you described (availability issues), these sound like standard disqualifications that can potentially be reversed through appeal.
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Yara Haddad
•Thank you for clarifying the difference between disqualified and penalty weeks! The EDD rep never explained that. I have all my mom's medical paperwork and documentation showing I was still job searching during most of that period. I'll definitely file the appeal this week.
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GalaxyGazer
The EDD system is broken!!! They LOVE to disqualify people for any tiny reason then make it nearly impossible to get a human on the phone who can actually help. I spent 2 entire weeks calling everyday just to speak to someone about my claim. Complete waste of time and the stress made me physically ill.
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Oliver Wagner
•If you're struggling to get through to EDD on the phone, I'd recommend trying Claimyr. It helped me get through to an EDD representative when I was dealing with disqualification weeks. The service connects you with an EDD agent usually within an hour instead of days of calling. I watched their demo video (https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km) and decided to try it after spending a week failing to get through. The rep I spoke with was able to explain all my options for my disqualified weeks much better than the online information. Worth checking out at claimyr.com if you're planning to appeal.
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Natasha Kuznetsova
I successfully appealed 3 disqualified weeks last year, but timing is really important. Here's what worked for me: 1. File the DE 1000M appeal form immediately (even if past 30 days) 2. Include a detailed letter explaining exactly why you were eligible during those weeks 3. Attach ANY documentation that supports your case (job search records, medical documentation, etc.) 4. For good cause for late filing, be very specific about why you couldn't file earlier 5. Send everything certified mail so you have proof they received it The hearing took about 2.5 months to schedule, but I won and received all back payments. Don't let them discourage you - disqualifications CAN be overturned!
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Yara Haddad
•This is so helpful, thank you! Did you attend your hearing in person or by phone? I'm wondering what to expect and how formal it is. Also, did you have anyone help you prepare your appeal letter?
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Javier Mendoza
wait am i the only one confused about something - if ur already getting paid again why risk them looking at ur claim again?? sometimes its better to just move forward rather than have them start investigating everything again js
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Amina Sow
•This isn't accurate. Appealing specific disqualified weeks won't put your current payments at risk. The appeals process only reviews the specific weeks in question. The EDD claims system is designed to handle appeals of past determinations without affecting current eligibility, as long as you continue to meet current eligibility requirements. It's absolutely worth appealing if you believe you were eligible during those weeks.
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Emma Thompson
u should talk to legal aid! they have free unemployment lawyers who can help with appeals. when i got disqualified they helped me win my case. search "legal aid unemployment [your county]" to find one near u
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Yara Haddad
•That's a great idea I hadn't considered! I'll look into legal aid in San Bernardino County. Did they just help you prepare paperwork or did they actually represent you at the hearing too?
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Keisha Robinson
To address your follow-up questions: 1. Appeals hearings are currently still being conducted by phone in most cases (though this could change by 2025). They're formal in process but not intimidating. 2. Medical caregiver responsibilities *can* qualify as good cause for both the late appeal and potentially for the original disqualification if you can show you were still able and available for work within reasonable limitations. 3. The key to winning is documentation - get a letter from your mother's doctor confirming the dates of care needed, any flexibility in your caregiving schedule that would have allowed you to work, and your continued job search records from that period. One last tip: when filing the appeal, include a cover letter specifically requesting backpay for those disqualified weeks. Be very specific about which weeks you're appealing.
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Yara Haddad
•This is incredibly helpful. I have text messages with potential employers from that period too - would screenshots of those help show I was still job searching while caring for mom? And should I mention I was willing to take remote work during that time?
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Amina Sow
I just want to add - I've seen numerous appeals succeed in situations similar to yours. With proper documentation showing you were available for work (even with reasonable limitations), you have a good chance at overturning those disqualifications. To maximize your chances: 1. Yes, absolutely include those text message screenshots with employers 2. Definitely emphasize your willingness to accept remote work during that period 3. Be extremely specific about your daily schedule and how you could have accommodated work 4. Include calendar entries, text messages, or any evidence showing the specific hours you were available The administrative law judge will be looking for evidence that despite your caregiving responsibilities, you maintained reasonable availability for work. Good luck with your appeal!
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Yara Haddad
•Thank you everyone for the encouragement and detailed advice! I'm going to file the appeal tomorrow with all the documentation we've discussed. I'll update this thread after my hearing to let everyone know how it goes. This community has been so much more helpful than the actual EDD!
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