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

I'm in a similar situation and have been following this thread closely. Just wanted to add that when you're preparing your second appeal, make sure to request the complete hearing recording from your first appeal if you haven't already. Sometimes the ALJ's written decision doesn't accurately reflect what was actually said during the hearing, and you can use discrepancies between the recording and the written decision as grounds for your appeal. Also, don't forget to include any evidence that wasn't properly considered in the first hearing. If you have those emails praising your work and texts about safety violations, make sure they're prominently featured in your appeal packet with clear explanations of their relevance. The retaliation angle sounds promising given the timing of your termination after reporting safety issues. That's a strong legal argument that the ALJ may not have properly weighed. Good luck with your appeal!

I successfully won my second-level CUIAB appeal last year after being denied twice, so don't lose hope! The key difference is that the second appeal is purely about legal errors, not re-arguing facts. In my case, I focused on how the ALJ failed to apply the correct legal standard for "misconduct" under California law. The employer has to prove willful violation of company policy that substantially affects their interests - not just poor performance or isolated incidents. Your retaliation timing is crucial evidence. Being terminated 3 weeks after reporting safety violations creates a strong inference of retaliatory discharge, which would make you eligible for benefits regardless of any alleged performance issues. Make sure to cite Miklosy v. Regents of University of California (1991) which established precedent for UI eligibility in whistleblower retaliation cases. Also document every procedural error: Did they give you adequate time to present evidence? Did they properly weigh witness testimony? Were you allowed to cross-examine? My appeal took 4 months but I received $18,000 in back benefits. The fight is absolutely worth it when you have strong legal grounds like you do.

I went through a second-level appeal about 8 months ago and actually won! The key thing that made the difference was getting really specific about the legal errors the ALJ made. In my case, the judge completely ignored evidence I presented about my employer's inconsistent disciplinary policies. For your situation with the retaliation timing, that's actually a really strong angle. The fact that you were fired just weeks after reporting safety violations creates what's called a "temporal nexus" - basically the timing alone can be evidence of retaliation. I'd also recommend checking if your employer followed their own progressive discipline policy. A lot of companies have written policies requiring warnings before termination, and if they didn't follow their own rules, that can work in your favor. The whole process took about 3.5 months for me, but I ended up getting almost $12,000 in back benefits. Don't let people discourage you - if you have solid evidence like those emails praising your work right before they fired you, you definitely have a fighting chance. Good luck!

I'm actually going through a second appeal right now too, so this thread has been incredibly valuable! Based on what I've learned from my own research and talking to an attorney, here are a few additional things to consider: 1. Make sure you clearly identify which specific "Findings of Fact" or "Conclusions of Law" from the ALJ decision were incorrect - the CUIAB wants very precise challenges, not general disagreements 2. If you have any documentation about your company's safety policies or your specific safety report, include that. It strengthens the retaliation argument significantly 3. Consider requesting judicial notice of any relevant OSHA regulations or state safety codes that your employer may have been violating - this adds weight to why your safety report was legitimate The fact that you have emails praising your work just 2 weeks before termination is huge. In my case, I had similar documentation and my attorney said it creates a "rebuttable presumption" that the performance claims were pretextual. One last tip - when you write your appeal, use the same legal language and formatting as the ALJ decision. It shows you understand the legal framework and makes your arguments sound more credible. Rooting for you! The system isn't perfect but it can work when you have solid evidence like you do.

I've been through this exact process and won my second appeal after being denied at the ALJ level. Here's what I learned that might help you: The success rate for second appeals is actually higher than most people think - around 20-25% according to my attorney - but only if you focus on legal errors rather than rehashing the same arguments. In your case, you have several strong legal angles: 1. The temporal proximity between your safety report and termination (3 weeks) creates a strong inference of retaliation 2. Those emails praising your work contradict their "performance issues" claims 3. If they didn't follow progressive discipline, that's another legal error The key is being very specific about which "Findings of Fact" were wrong and why. Don't just say "the judge was unfair" - point to specific testimony or evidence that was ignored or misinterpreted. I'd also recommend getting the hearing transcript if you haven't already. Sometimes there are discrepancies between what was actually said and what the ALJ wrote in their decision. My second appeal took about 4 months but I received $16,800 in retroactive benefits. The retaliation angle seems very strong in your case given the timing and your documentation. Don't give up!