Filing an Appeal

The appeals process can be a very daunting experience for individuals without a law degree. All of the legal references to codes, regulations and procedures tend to be overwhelming. This information aims to ease a little of that tension by briefly summarizing the appeals process. Most of the information provided is strictly related to unemployment insurance appeals, so if you are appealing a disability or tax decision, please visit the Employment Development Department's (EDD's) respective pages.

Filing Judicial Appeals

All Judicial appeals and petitions must be filed in writing with the office location listed on your EDD Notice of Determination and/or Ruling.

The appeal must be filed (postmarked) within 20 days of the date on your EDD Notice of Determination. If you do not file within the allotted time, your appeal could be denied unless you, or whoever is representing you at your hearing, are able to show good cause for a late filing.

Although the use of EDD/CUIAB standard appeals forms is preferred, an appeal or petition need not be formal, a letter will be accepted. Appeals and petitions must be in writing and include the following:

  1. The name and mailing address of the appellant or petitioner,
  2. The employer name and account number, if any, of the appellant or petitioner,
  3. The name and mailing address of any representative filing the appeal or petition; and
  4. The name and social security number of any claimant who is a party.

The appeal may also include the appellant's or petitioner's telephone number and/or e-mail address; the date and case number of the EDD's Notice of Determination; a concise statement of the reasons for the appeal or petition; any request for language assistance or special accommodation; and the appellant's or petitioner's signature and the date signed.

Once your appeal is received, it is forwarded to the CUIAB where it is verified and a case number is assigned. The case is now ready to be scheduled for a hearing and heard by an Administrative Law Judge (ALJ). At this point, the CUIAB will prepare a Notice of Hearing that will be mailed to all parties involved in the case (employee, employer, etc.)

At least 10 days prior to the hearing you will receive a written notice that includes the date, time and location of your hearing. Please see the UI/DI Hearing Information Pamphlet to find out more information about your hearing.

Received a Decision?

After the ALJ has heard your case, he/she will issue a written decision. This decision will be mailed to all parties involved in the case soon after the date your appeal is heard.

In that decision, you will be notified of 1) all of the issues and facts that were presented to the ALJ as evidence, 2) an explanation of the laws that are related to these issues and facts with a summary of how the ALJ has applied the laws to your case and lastly, 3) the decision the ALJ has made.

This decision cannot be changed for any reason, other than clerical, after it has been mailed.

A letter explaining your further appeal rights will also be mailed with the ALJ's decision.

Filing Board Appeals

All Board appeals and petitions must be filed in writing with the office location listed on your CUIAB decision letter. Please see CUIAB Board Appeals form DE 1430.

Appeals must be filed (postmarked) within 20 days of the date on your CUIAB decision letter. If you do not file within the allotted time, your appeal could be denied unless you can show good cause for delay. This information must be provided to the office location before CUIAB will move forward with hearing your appeal.

Although the use of CUIAB's standard appeal form DE 1430 is preferred, an appeal or petition need not be formal, a letter will be accepted. Appeals must be in writing and include the following:

  1. The name and mailing address of the appellant or petitioner,
  2. The employer name and account number, if any, of the appellant or petitioner,
  3. The name and mailing address of any representative filing the appeal or petition; and
  4. The name and social security number of any claimant who is a party.

The appeal may also include the appellant's or petitioner's telephone number and/or e-mail address; the date and case number of the CUIAB's decision letter; a reason for the appeal or petition; and the appellant's or petitioner's signature and the date signed.

Once the appeal is received, an acknowledgement letter will be mailed to everyone involved in the appeal. This letter will inform you of your rights and responsibilities as a participant in a Board Appeal.

Unlike the judicial appeals, Board appeals are usually limited to reviewing only the evidence that was presented at the initial hearing. However, in special circumstances, and upon approval of the Board, a participant can request, in writing, that new evidence be submitted. The participant must explain why this new evidence is important and why it was not presented during the judicial appeal.

There will be no hearing scheduled for the Board Appeal. The Board will issue its decision based on reviewing the entire case file. Two of the Board members will separately review the case and give their separate decisions. If the two Board members agree with the initial decision, the decision stands. If the two members disagree with the initial judicial decision, the decision is reversed. In the event there is a split decision, a third Board member will be called upon to review the evidence and assist in the final determination. In all instances, a letter outlining the facts, reasons and the decision is mailed to all parties involved.

This decision cannot be changed for any reason, other than clerical, after it has been mailed. This concludes your opportunity to appeal to the CUIAB.

Civil Court

If at this time, you still disagree with the decision of the CUIAB, you can appeal to your county's Superior Court by filing a Petition for Writ of Mandate within six months of the mailing date of the Board's final decision. The CUIAB will have no information on your civil case, so you will need to contact the court with which you filed your Petition for further information.

Need a Translator?

If you need translation services for your hearing, a translator will be provided for you. On your appeal form, you will be given the option to request translation services.