Telephone EDD Appeal Hearing Tips & Can My Spouse Help If English Is My Second Language?
I'm freaking out about our upcoming EDD appeal hearing that's scheduled for next month. Our situation is that EDD is listed as the 'defendant' not my previous employer which I find really confusing. The weird part is that an EDD rep actually admitted to me they made a mistake when reviewing my case, but now I'm worried they'll just stick together and deny everything. I tried to prepare by watching their tutorial video, but it shows people meeting in person with the judge while our hearing will be over the telephone. Does anyone know if the process is different for phone hearings? Are there specific things I should prepare? Also, since English isn't my first language, I really want my husband to help me during the call to make sure I understand everything correctly. Is this allowed or do I need to request this in advance? I've been unemployed for 3 months now and this appeal is for about $5,800 in benefits they initially approved then said I wasn't eligible for. Any advice or resources would be SUPER appreciated!
18 comments


Nia Harris
I went through a telephone appeal hearing in March and can share my experience. Yes, your spouse can definitely help you because English is your second language, but you need to tell the judge at the beginning of the hearing and request this accommodation. The judge should have no problem with it. The phone hearing is pretty similar to what's shown in their video, just without the in-person element. Here's the basic process: 1. The judge will explain the issue being appealed and the procedures 2. You'll be sworn in (and anyone else providing testimony) 3. You'll present your case first since you filed the appeal 4. EDD representative will present their position 5. Each side can ask questions of the other 6. The judge might ask clarifying questions 7. You'll make a closing statement My best advice is to prepare a clear, chronological explanation of your situation. Have all relevant documents in front of you (determination notices, any communications with EDD, pay stubs, etc). Write down key points you want to make so you don't forget when nervous. Interestingly, when EDD is the defendant rather than your employer, it often involves eligibility issues rather than separation issues. The fact that an EDD rep admitted a mistake could be very helpful - do you have any documentation of that conversation?
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Luca Russo
•Thank you so much for this detailed information! It helps me understand the process better. About the EDD rep admitting the mistake - it was during a phone call when I was trying to understand why I got disqualified. He said "I see where the issue is, the claim reviewer didn't notice your updated employment verification documents." But it was just verbal, I don't have it in writing :( Should I mention this during the hearing?
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GalaxyGazer
my frend had an appeal last year and she WON becuz she had ALL her paystubs and timecard stuff ready!! make sure u have EVERYTHING with u for the call... the judge asked her lots of ?s about dates and $$ amounts so be ready for that!!! good luck!
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Luca Russo
•Thanks for the encouragement! I'll definitely gather all my paystubs and documentation. Did your friend have someone helping her during the call or was she alone?
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Mateo Sanchez
I had my appeal hearing by phone in January 2025. Here's what I recommend: 1. Tell the judge immediately that English is your second language and that your spouse will be helping you understand. This is absolutely allowed and common in these hearings. 2. EDD being the defendant just means this is about eligibility rather than something your employer is disputing. Often better actually. 3. Be VERY organized with your evidence. Create a simple outline with dates, amounts, and key events. Number your documents and reference them by number when speaking. 4. Take notes during the hearing - especially when the EDD rep is speaking. You may catch inconsistencies. 5. The judge will mail their decision within 7-10 days usually. They won't tell you the outcome on the call. 6. Very important: The judge is looking for specific facts that prove your case under the unemployment insurance code. Stick to relevant facts, avoid emotional arguments. 7. If the EDD rep admitted a mistake, definitely mention this including the date of the conversation and the rep's name if you have it. Good luck! These judges are generally very fair in my experience.
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Aisha Mahmood
•THIS IS REALLY HELPFUL! I'm not the original poster but I'm saving this info. I lost my job after 8 years because they said I violated policy but I DIDNT! EDD denied my claim and my appeal is next week. I'm so nervous I can barely sleep. Did you win your appeal?
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Ethan Moore
I went through this nightmare last year and wasted 2 weeks trying to reach EDD to get clarification before my hearing. IMPOSSIBLE to get through on their regular line. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep within 15 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Totally worth it because I was able to get the specific code section they were using to deny me, which helped me prepare better evidence for my hearing. The rep also explained exactly what the judge would be looking for in my particular type of case. And yes, you can absolutely have your spouse help you during the call. The judges are used to working with people who need language assistance. Just make the request at the beginning of the hearing.
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Luca Russo
•Oh wow, I've been trying to reach EDD for days! I'll check out that service. I really need to clarify a few things before the hearing. Did you win your appeal case?
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Yuki Kobayashi
I see people giving some good advice here but nobody's mentioned THE MOST IMPORTANT THING - you need to file a pre-hearing document stating that you'll have language assistance!!! If you don't file it at least 48 hours before the hearing, they might not let your spouse help you and will reschedule with an official interpreter instead, which will delay everything. Call the Appeals office ASAP and tell them you need to file a request for language assistance from your spouse. Get the fax number or email to send the request. TRUST ME on this - I didn't do this and my hearing got postponed for 3 weeks!!!
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Nia Harris
•This actually depends on the specific Administrative Law Judge (ALJ). Some judges are fine with informal assistance announced at the beginning of the hearing, especially from a spouse. Others strictly require formal notification. But you're right that it's best practice to notify them in advance. You can call the Appeals office number on your hearing notice and request this accommodation be noted in your file. Better safe than sorry.
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Carmen Vega
dont worry to much, those judges are WAY more understanding then regular courte judges. i was super nervous for mine to but the judge was nice. just explain everything clearly and dont try to exagerate anything. they can tell when your being honest. if the EDD person really admitted they made a mistake make sure you mention that!! good luck!!
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Luca Russo
•Thank you for saying this! I've been so stressed about it. Did you have to wait long to get the decision after your hearing? And did you win?
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Mateo Sanchez
One more important tip - make sure to test your phone connection before the hearing. Find a quiet place with good reception. If you have internet, a landline or VOIP connection is more reliable than cellular. Also, have a backup phone ready in case of problems. About 5 minutes before the hearing, turn off all notifications on your phone, put other devices on silent, and make sure everyone in your home knows you need quiet. The ALJ will be recording the hearing, so clarity matters. Bad connections or background noise can make things harder to understand, especially with language considerations already at play.
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Luca Russo
•This is so helpful - I hadn't even thought about the phone connection issue. We'll definitely use our home phone instead of cell phones and make sure the kids are occupied. Thank you!
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GalaxyGazer
my cosin had a appeal and the EDD ladie lied about EVERYTHING!!! so be carful and make sure u record the call if u can!!!
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Nia Harris
•Important correction here - you CANNOT legally record the hearing without permission from the judge and all parties. The hearing is already being recorded officially. Attempting to make your own recording without permission could actually hurt your case. Instead, take detailed notes during the hearing.
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Yuki Kobayashi
When I had my phone hearing last year, I kept getting interrupted and couldn't finish explaining my situation. The EDD rep kept talking over me, and I got flustered. So here's my advice: 1. Practice explaining your case BRIEFLY - like a 2-minute summary 2. When the judge asks if you have questions for the EDD rep, ALWAYS ask something - this is your chance to point out contradictions 3. If you get cut off, politely say "Excuse me, I wasn't finished with my explanation" 4. DEFINITELY have your spouse help you 5. If you win, be prepared for EDD to still take 3-4 weeks to process your payments Oh and DO NOT hang up until the judge officially closes the hearing! Sometimes they pause to review documents, and it might seem like it's over, but it's not.
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Aisha Mahmood
•Did you win your case? I'm having my hearing next week and I'm so scared the EDD person will talk over me too. I get nervous and then my mind goes blank.
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