San Diego Unemployment Insurance Appeals Attorney
From the EDD wibsite
Appeals
1. How do I file an appeal?
An employer or claimant who disagrees with a Notice of Determination (or Ruling), DE 1080CT, or Notice of Modification, DE 1080M and wants to file an appeal must send a letter to EDD at the address shown on the notice. The letter must contain:
Employers –
The company’s name, address, telephone number, and reserve account number
The former employee’s name, and social security account number
The reason for the appeal
Appeals filed by an employer’s agent must contain the above information in addition to the agent’s:
Name
Address, and telephone number
Claimants –
Name
Address, and telephone number
Social security account number
The reason for the appeal
We will review the decision. If the decision is correct (according to state law and regulation), we send the appellant a notice that the appeal has been sent to the Office of Appeals. The Office of Appeals:
Schedules the hearing
Sends information about the hearing
Advises the employer and claimant where and when to appear for the hearing
The hearing notice contains important information about the appeals process. An Administrative Law Judge hears the appeal and testimony is taken under oath. After the hearing, the Administrative Law Judge mails a decision to all parties. Contact the Office of Appeals at the telephone number listed on the hearing notice if you have any questions.
You may also 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.
Review the Appeals section on this Web site for more information.
2. I live in another state, but worked in California and have a California UI claim. I received a notice that I am not eligible for benefits. If I file an appeal do I have to come to California to attend a hearing?
No, you do not have to come to California to attend your appeal hearing. Mail your appeal to the EDD address at the top of the notice advising you that you are not eligible for benefits. The Office of Appeals will:
Mail you a copy of your claim records
Mail you a notice with the date and time of your hearing
Provide you with a telephone number to call on the hearing date (you will be calling collect so there will be no charge to you)
Employers who are interested parties will attend either in-person at the California Office of Appeals, or by conference call.
After the hearing, the Administrative Law Judge mails a decision to all parties. Contact the Office of Appeals at the telephone number listed on the hearing notice if you have any questions.
3. I received a Notice of Determination, DE 1080CT and I am not eligible for benefits. What do I do now?
You have the right to file an appeal if you do not agree with all or part of our decision. Review the Appeals section on this Web site for more information.
4. Why am I not eligible for benefits? You took money out of my check while I was working.
UI benefits are financed solely from taxes paid by employers. No deductions are taken from an employee’s wages for UI benefits. You have the right to file an appeal if you believe you are entitled to benefits. Review the Appeals section on this Web site for more information.