Success rate for 2nd level EDD appeals? Desperate after first denial

second appeals r super hard 2 win tbh. my cousin tried last yr and got nowhere. they almost never overturn alj decisions unless theres like a MAJOR legal error. might wanna just focus on finding new work

Don't give up yet! Second-level appeals can definitely be successful, but they're different from first appeals. The CUIAB is looking specifically for legal errors or misapplications of law by the ALJ, not just rehearing your case. You need to focus on how the ALJ misinterpreted evidence or applied the wrong legal standard. I've seen several successful second appeals, especially in cases involving termination for alleged misconduct. Make sure your appeal clearly states which findings of fact or conclusions of law you believe were incorrect and why. If you can't pinpoint specific errors, your chances drop significantly.

I went through exactly what you're experiencing last year. First appeal denied, felt like the ALJ didn't even listen to me. For my second appeal, I focused specifically on how the judge misapplied the law regarding burden of proof - employers have to PROVE misconduct, not just claim it. The key things that helped me win: 1. I highlighted specific testimony that contradicted the ALJ's findings 2. I cited previous CUIAB precedent decisions (you can find them online) 3. I kept it factual and unemotional It took almost 3 months but they reversed the decision! Don't listen to people saying it's impossible. If you were fired for "performance" without proper warnings or documentation, EDD should be siding with you.

second appeals are RIGGED!!! entire system is designed to wear u down until u give up!!! ive been fighting edd for 9 MONTHS and they keep making "mistakes" on my claim. even if u win theyll find another reason to deny u trust me

Just wanted to say whatever you do, make sure you're filing that second appeal within 30 days of receiving the ALJ decision! That deadline is super strict. I missed mine by 2 days and they wouldn't even consider my case no matter how much I begged. Good luck!

Have you tried reaching an EDD rep to discuss your case? Sometimes they can provide insights about what specifically led to the denial that might help with your second appeal strategy. Calling early in the morning is your best bet, though it can still be frustrating.

my neighbor's son won his 2nd appeal but he had witnesses + emails proving his boss was lying. do u have any documents that support ur side??

Based on your situation, I'd recommend focusing your second appeal on these specific legal arguments: 1. The ALJ failed to properly apply the "burden of proof" standard - the employer must prove misconduct, not just allege it 2. Progressive discipline is normally required for performance-based terminations to be disqualifying for UI 3. If your termination was retaliatory for reporting safety violations, cite Labor Code § 1102.5 which prohibits retaliation against whistleblowers Those emails praising your work just before firing you are GOLD for your case. Make sure to highlight the contradiction between that and their claim of ongoing performance issues. I won my second appeal and received about $14,500 in retroactive benefits. It was absolutely worth the fight.

not to be that person but have u tried looking 4 new work while waiting?? appeals take 4ever and even if u win the backpay might not come for months

I help people with EDD appeals regularly, and second-level appeals definitely can succeed, but they're more technical than first appeals. The CUIAB is looking for legal errors, not just rehearing your case. Some key statistics to be aware of: - About 15-20% of second appeals result in a reversal or remand - Appeals with specific legal arguments fare much better than general complaints - Cases involving termination for alleged performance issues have better success rates than misconduct cases If you can afford it, this might be a good time to consult with an employment attorney. Many offer free consultations and can quickly tell you if your case has merit for a second appeal.

update us after u file ur appeal!! im curious how this turns out