FREE CONSULTATIONS FOR ALL UNEMPLOYMENT QUESTIONS
The Unemployment Help Center, Ltd, represents California Claimants at Unemployment Compensation Hearings and Appeals. (Appeals from the EDD) We provide highly experienced Hearings Representatives who can, and will, fight for your California Unemployment Compensation benefits
Contact us using the form on this page
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- File an appeal if the EDD has denied you benefits, or you believe they have mistakenly granted benefits to your employee.
Your appeal must include your name, the employer's name, address and telephone number, social security number (if you are the claimant) or employer account number (if you are the employer), the name and address of any other parties involved in your appeal, the reason you are appealing, a copy of EDD's decision that you wish to appeal and any request for language assistance.
- Receive a fair and impartial hearing to decide your case.
- Present evidence to support your case in the presence of a CUIAB Administrative Law Judge (ALJ).
A written decision made by the CUIAB ALJ will be issued to all parties involved in your case.
- File a board appeal if you do not agree with the ALJ's decision.
Your appeal must be submitted in writing within 20 calendar days of the mailing date on CUIAB ALJ's Letter of Determination. You must mail your appeal to the Board at the return address shown on the determination.
Your appeal must include your name, the employer 's name, address and telephone number, social security number (if you are the claimant) or your name, the name of your business, address and telephone number, employer account number (if you are the employer), the name and address of any other parties involved in your appeal, the reason you are appealing, a copy of CUIAB's decision that you wish to appeal and any request for language assistance. CUIAB form number DE1000BA may be used to file your appeal.
The CUIAB will confirm receipt of the appeal and notify all parties involved in the case.
New evidence at this level is not usually considered, however, those involved have 10 days from the date of the confirmation letterto present new evidence. Please note the acceptance of any additional evidence is at the Board's discretion.
After review of the case, and any additional evidence if allowed, the Board will issue a written decision to all parties.
- Appeal the Board's final written decision if you still disagree.
Overview of the Alabama Unemployment Compensation Appeals Process
Four steps: Apply for benefits; Initial Determination; Hearing before an CUIAB (California Unemployment Insurance Board) which is presided over by an ALJ (Administrative Law Judge) ; and, Appeal from the Hearing to the California Unemployment Compensation Board of Review.
THE STEPS
1. You become separated from your employer. This means you were:
a. Terminated (the employer told you not to work)
b. Quit (you made the decision to stop working for this employer); or,
c. Laid off for lack of work (the job ended - you could not keep working because there was no more work)
2. You file a claim for unemployment benefits.
3. Your claim is sent to an EDD Claims Examiner. That EDD Claims Examiner reviews the facts that were provided by both you and your former employer. The EDD Claims Examiner then issues a Determination letter that either informs that you are legally eligible for Unemployment Benefits or you are denied those benefits
4. If you are denied benefits then you can file an appeal to the Appeals Division of the CUIAB. You have twenty (20) calendar days to file a further appeal. Contact the Unemployment Help Center below and we will do this for you.
5. Once your appeal is filed the next step is a Hearing before a Hearing Officer (Administrative Law Judge). These hearings are sometimes conducted by telephone but they are very similar to a Courtroom Hearing you may have experienced or seen on television or in a movie. Witnesses are placed under oath and asked questions about your employment history and, specifically, the reasons for separation from employment (fired, quit or laid off).
This is what the Unemployment Help Center, Ltd. handles – we provide highly experienced representatives who will prepare you for your hearing and then attend the hearing with you. We will present your testimony, make argument to the Hearing Officer and cross-examine the employer’s witnesses.
This Hearing is a crucial step in the road to obtaining your California Unemployment Benefits. The hearing is held de novo. This means that the California Hearing Officer is not reviewing the California EDD Claim’s Examiner’s Decision, but rather listening and reading the facts as if for the first time and from the beginning. Anything that the California Claims Examiner found is not under consideration – you start fresh. Contact us for complete details about what will happen during your hearing.
6. Appeals to the California Unemployment Compensation Board of Appeals. You (or your employer) can file a further appeal from the California Hearing Officer’s decision to the California Unemployment Compensation Board of Appeals. The California Unemployment Compensation Board of Appeals will review the record made before the California Hearing Officer and issue a new decision. This means the listen to (or read) the transcript of testimony to determine if there were errors of fact or law that would change the decision below.
The California Unemployment Board of Appeals may grant or deny your application for appeal. In order for the appeal to be granted, the request for appeal must be complete and address specific points that were not thoroughly covered in the appeal with the Hearings Officer. If your application for an appeal with the Board of Appeals is denied, you will be notified of the denial by certified mail. If your application for appeal is granted, the Board may decide the case based on the record or they may schedule a hearing.
7. You may also file a further appeal to the court in the county of the claimant’s residence. This is outside the jurisdiction of the California Unemployment Compensation Administrative process and you should consult with your local Bar Association at this point.
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APPEALS TO THE CALIFORNIA UNEMPLOYMENT INSURANCE BOARD OF APPEALS
We represent Claimant before the CUIAB AND WIN!!!!!!!!!!!!!!!!!!!!!!!
Attached is a recent decision by the CUIAB where we fought hard and were able to overturn the Administrative Law Judge's Decision - this Claimant is now collecting benefits and will receive the full amount
Have you lost before an ALJ in California (or other state)? Contact us to get the decision reversed. What we do is submit written argument in the form of a brief - using the audio recording and exhibits, to win your appeal.
Read the about the Appeals Board Decision.
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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 1080CZ. Mail your appeal to the return address shown on the decision notice. Include the following information:
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 a Second Level Appeal to the California Unemployment Insurance Appeals Board (Appeals Board.)
Listed below are some of the reference materials we use to help win your case. In acction, e draw from our own uinternal library from prior cases we appealed and won for past clients:
- Unemployment Insurance Code
- California Code of Regulations, Title 22
- Benefit Determination Guides
- Precedent Benefit 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.