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What are the chances of winning claim after being denied after an appeal?

Tustin, CA |

I was denied unemployment benefits so I filed an appeal and the judge sided with my employer. I have the option to file another appeal. What are the chances of winning my case?

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Attorney answers 3

Best Answer
Posted

...on the other hand, do you have anything other than your time and effort to lose?

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Posted

No one can accurately predict the outcome of the appeal. However, when you appeal (whether the first appeal or a second appeal), you have to overcome the "standard of review." Generally speaking, issues that relate to a legal issue are easier to win on appeal while factual issues are harder to win on appeal. As for unemployment benefits, if the first appeal was unsuccessful, you probably have an uphill battle on the second appeal. An unemployment benefits lawyer in CA could give you a better assessment based on the specifics of your case.

Any response is not legal advice and should not be considered legal advice. Always consult an attorney in your state or jurisdiction, as laws vary from state to state.

Posted

Without knowing any of the facts of your situation, no one can accurately predict the outcome of the appeal. However, as Attorney Mccall indicates, you really have nothing to lose by trying.