Filing An Appeal
An employer has the right to appeal EDD's decision to pay a claimant. A claimant
has the right to appeal EDD's decision to reduce or deny benefits. An appeal must
be submitted within 20 calendar days of the mailing date of our Notice of
Determination and/or Ruling, DE 1080CT. Mail your appeal to the return address
shown on the decision notice. Include the following information:
- Your name
- The name of your business if you are the employer
- Address and telephone number
- Social Security number if you are a claimant
- Employer account number and the claimant's social security number if you
are an employer
- The name and mailing address of any representative
- The reason for your appeal
- A copy of EDD's decision that you wish to appeal or the date of the decision
- Any request for language assistance or special accommodation
The Office of Appeals notifies individuals of the time and place of hearing at
least 10 days in advance. An Administrative Law Judge (ALJ) conducts the
hearing, giving employers and claimants a chance to present their evidence.
The ALJ will issue a written decision to all interested individuals. The decision
includes information about filing an appeal to the California Unemployment
Insurance Appeals Board (Appeals Board.) The purpose of an appeal to the Appeals
Board is to request a review of the ALJ's Decision. An appeal to the Appeals
Board must be submitted within 20 calendar days from the date of the ALJ's
decision. Include the following information:
- Your name
- The name of your business if you are the employer
- Address and telephone number
- Social Security number if you are a claimant
- Employer account number and the claimant's social security number if you
are an employer
- The name and mailing address of any representative
- The reason for your appeal
- The appeal case number assigned to the ALJ's decision
Mail the appeal to the return address on the ALJ's decision notice. The Appeals
Board will confirm receipt of the appeal and advise interested individuals of the
procedural options available to them. Generally, the Appeals Board does not
consider new or additional evidence. However, individuals have 10 days from the
date of the confirmation letter to ask to present oral or written arguments and
new evidence. The acceptance of any additional evidence is at the Board's discretion.
The Appeals Board will issue a written decision. A decision by the Appeals Board
completes all administrative remedies. Individuals who disagree with the Appeals
Board's decision, may file a Writ of Mandate to the Superior Court within six
months of the mailing date of the Appeals Board's written decision.
Listed below are some of the reference materials we use to make our decisions:
You can access the Employment Development Department
Appeal Form, DE 1000M on this Web site if you wish to file an appeal.
The appeal form is also included with each disqualification notice that we mail.
Mail your completed appeal form to the address on the disqualification notice.
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