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Can I re-file a EDD UI claim after being denied and past the appeal deadline?

Sacramento, CA |

I applied months ago. I received an award letter and a date for an interview on a Saturday. For some odd reason I didn't receive a call during the schedule time frame, but later received a voicemail stating I missed their call. I tried calling back and even emailed them. I received a letter claiming I am denied benefits because I attend a college. I didn't have enough money to send my appeal certified, and I've been waiting for 3 weeks now. should I re-file?

Attorney Answers 3


  1. You cannot file a new claim for the time period you originally applied for. But you can still submit an appeal. One of the issues which will now be addressed at the appeal is whether there was a good reason you missed the first appeal deadline. If the judge decides there was, the ALJ will then address the merits of your claim.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.


  2. You do not get another new bite at the same apple. In other words, you cannot re-apply for benefits that the EDD has already determined you are not entitled to received. However, you should appeal the determination if there is still time. You will need to prove your entitlement to benefits, but also the good cause reason for missing the prior hearing.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  3. You have 20 days from the date listed on the EDD Notice of Determination to file a timely appeal. If more than 20 days have passed, you will need to show that you have good cause for filing late. If you were denied because you attend college, there is likely an issue as to whether you are currently able and available to immediately accept work. It is not uncommon for it to take several weeks to receive your Notice of Hearing. I would not recommend re-filing your claim.

    This response has been provided as a general answer to your question with the facts provided. Nothing in this communication should be construed as providing legal services or creating an attorney-client relationship. No privilege or confidentiality is attached to this communication.

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