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Should I file EDD appeal preemptively while still waiting for claim decision?

So my unemployment claim has been pending for over 3 weeks now, and during my phone interview last week, the EDD rep kept asking questions about a job I had THREE YEARS ago! I wasn't expecting that at all. Now I'm getting really worried they're going to deny my claim based on something ancient history. I'm wondering if I should get a head start and file an appeal now, even though I haven't actually been denied yet? My last unemployment was during COVID in 2020 and it was super straightforward - approved right away, no issues. But this time feels different with them digging into my old employment. The EDD interviewer specifically wanted details about why I left that job from 3 years back, which feels totally irrelevant to my current situation (I was laid off from my most recent position due to department restructuring). Would filing an appeal now speed things up if I do get denied? Or would it just complicate everything? I'm so stressed about bills piling up while I wait for this decision.

No, don't file an appeal until you actually get a determination notice. The system doesn't work that way - you can only appeal an actual decision, not a pending claim. They're probably just doing their standard verification process. EDD often looks at your entire base period employment history, which can include jobs from the past 18 months or even longer in some cases. It's normal for them to ask about previous employment, especially if there are gaps or if you left a job under circumstances that might affect eligibility. Be patient and wait for their decision. If they do deny you, then you'll have 30 days from the date on the determination notice to file your appeal. Filing something now would just create confusion in the system.

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Thanks for explaining that. It's just so nerve-wracking waiting without knowing. Do you know if it's normal for them to be fixated on a job from so long ago? The interviewer spent like 80% of the call on that old position and barely asked about my most recent job (which is the one I'm actually claiming benefits from).

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KylieRose

omg they did the EXACT same thing to me last month!! asked about some random job from forever ago and barely cared about my recent layoff. ended up getting approved anyway, so dont panic yet

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That's actually really reassuring to hear! How long did you have to wait after the interview before you got your determination?

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KylieRose

took like 11 days after interview. felt like forever lol. but money hit my account 2 days after approval

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They're probably checking you for a pattern of voluntary quits. If you quit multiple jobs without good cause, EDD can disqualify you even if your most recent job was a layoff. It's frustrating but they look at your whole work history to establish patterns. I'd recommend reviewing your work separation from that older job and be prepared to explain why you left if it was a voluntary quit (health reasons, unsafe conditions, etc - these can be "good cause" quits that won't disqualify you). But yes, as others have said, you definitely can't appeal until you get an actual determination. Just keep certifying for weeks while you wait for the decision.

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That makes sense. I did quit that old job, but it was because they reduced my hours to almost nothing (like 8 hours a week when I was hired for full-time). I told the interviewer that, but they seemed skeptical. Hopefully they understand that's basically constructive dismissal.

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wait the 3 years ago job shouldnt even be in ur base period. Thats weird theyd care about it. base period is only like 15-18 months back i think

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Not entirely true. While the base period for calculating benefit amounts is the earliest 4 of the last 5 completed calendar quarters, EDD can look at your entire work history for eligibility determination, especially if they're concerned about a pattern of quitting jobs. They have access to your complete wage records and can certainly ask about older employment.

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Do NOT file an appeal until you get an actual determination letter. Appeals are for AFTER you've been denied, not before. Filing one early won't speed anything up - it'll just get rejected because there's no determination to appeal yet. What you SHOULD do if you're worried is contact EDD to check on your claim status. But good luck getting through... I spent 3 weeks trying to get a human on the phone about my pending claim recently. Kept getting the dreaded "we're receiving more calls than we can answer" message. I finally used a service called Claimyr (claimyr.com) that got me through to an EDD rep in about 20 minutes instead of spending days redialing. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The EDD rep was able to tell me exactly what was holding up my claim and gave me an estimated timeline. Saved me weeks of anxiety. But again - don't file an appeal until you actually get denied. It doesn't work that way.

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Thanks for the advice. I've been trying to call them with no luck - just endless busy signals and disconnections. I'll check out that service if I don't hear something in the next couple of days. I really just want to know what's happening with my claim at this point.

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I'm an employment attorney and can confirm what others have said - you cannot file an appeal until you've received a Notice of Determination that denies benefits. However, what you CAN do proactively is gather documentation related to your separation from that job 3 years ago. If you have any emails, texts, schedule changes, or HR documents that show your hours were reduced (as you mentioned in another comment), organize those now. A significant reduction in hours can indeed qualify as "good cause" for leaving employment, but you'll want evidence to support your claim if they do issue a denial based on that previous job. Also, continue certifying for benefits every two weeks while your claim is pending. If approved, you'll be paid for those weeks you certified. If denied, those certifications will be necessary for your appeal process.

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This is incredibly helpful advice, thank you! I think I still have the emails where my manager told me my hours were being cut. I'll definitely gather everything I can find to be prepared just in case.

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THE EDD IS ABSOLUTELY RIDICULOUS!!! They did the EXACT same thing to me and denied me even tho I was laid off from my most recent job!!! Had to wait FOUR MONTHS for an appeal hearing just because of a job I quit 2 years ago because my boss was an abusive jerk!!! The whole system is designed to deny people who deserve benefits! They're not "checking" anything - they're looking for ANY reason to deny your claim!!!!!

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I understand your frustration, but it's not accurate to say the system is designed to deny benefits. While there are certainly problems with EDD's processes, they do have to verify eligibility according to specific legal requirements. The backlog of appeals is definitely an issue though - did you eventually win your appeal?

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YES I won but only after 4 months with no income and almost getting evicted!!! And they still haven't paid me the back benefits they owe me! The system IS rigged!

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just an fyi when i talked to an edd person last month they said theyre super backed up with claims right now bc of all the tech layoffs. my claim took almost 5 weeks to process. hang in there

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Another important point: if you do eventually need to appeal, make sure you continue certifying for benefits every two weeks during the entire appeal process. If you win your appeal, you'll only get backpay for weeks you properly certified for, even if you were eligible otherwise. And just to clarify something I've seen in other comments - reducing your hours from full-time to 8 hours weekly would generally be considered "good cause" for voluntarily leaving a position. Make sure you emphasize that point if you do end up needing to appeal.

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Thank you! I didn't realize I needed to keep certifying if I got denied. That's really good to know. I'll definitely keep emphasizing the hours reduction if they question me again about that old job.

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