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How long does the process take for an EDD appeal in California? And what points do I need to make on it to make the best case?

San Diego, CA |

I applied for unemployment 1/23/2012 after being laid off. On 1/25 I took a contract job. My initial claim was denied on 2/10/2012 for failure to return the identity documents. On 4/13 I was laid off from that job and re-applied at EDD in April and May, but was told my initial claim was still open/denied. If my reason for the appeal is that I did not know to turn the identity docs into EDD in January because I didn't know I had to since I immediately found a job be a valid reason? Also, the appeal is past the 20 days because I did not know I had to appeal the verdict (I never thought I went far enough in the process to warrant even being denied), do I stand a good chance of winning my appeal? (Also, EDD has begun sending my continued claim forms for the weeks from May-July already)

Attorney Answers 2

Posted

Below is a link to the time requirements for filing a claim as well as appealing a claim. It sounds like you stopped opening your mail from EDD, otherwise you would have known that you had been deemed disqualified from earning Unemployment Insurance benefits and had the opportunity to appeal within 20 days. There is no harm in trying to appeal your current status, however, missing the 20 day deadline by even a few days, is usually fatal to your claim, unless supported by good cause. Good luck!

Lesly J. Adams has been licensed to practice law in California since 2010. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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Posted

Counsel above has given good advice and I would also suggest you follow the Employment Developement Department link to include review the frequently asked questions and eligibility requirements on the website. This will give you information as to eligibility in light of the specifics of your circumstances. You may also wish to speak with an attorney (many offer a free consultation) and decide if you want to pursue the appeal yourself or be represented in the hearing by counsel.

I have attached a further link regarding eligibility issues to help you navigate through the site, but I suggest you take the time to read and familiarize yourself with this site that contains so much "self help" options.

Good luck.

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