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 related to unemployment insurance appeals, so if you are appealing a disability or tax decision, please refer to the Employment Development Department's (EDD's) information on those programs.

Filing Appeals to a CUIAB Administrative Law Judge

All appeals and petitions to an Administrative Law Judge (ALJ) of the California Unemployment Insurance Appeals Board (CUIAB) 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 30 calendar days of the mailing 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 standard Appeals Form is preferred, an appeal or petition need not be formal. A letter that contains the necessary information will be accepted. Each appeal and petition 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.

Your appeal should also include the your telephone number, cell phone number and e-mail address; the date of EDD's Notice of Determination and/or Ruling; a statement of the reasons for the appeal or petition; a request for language assistance (an interpreter) or special accommodation, if needed; and your signature and the date signed. If the appeal is being filed late, it should also contain an explanation as to why it is late.

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

At least 10 days prior to the hearing, you will be mailed a written notice that includes the date, time and location of your hearing. Please read the Hearing Information Pamphlet included with the hearing notice to find out more information about your hearing.

After the ALJ has heard your case, the ALJ 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 the ALJ's decision, you will be notified of 1) all of the issues considered and facts that were found by the ALJ; 2) a summary of the laws that relate to the issues and facts with an explanation of how the ALJ has applied those laws to your case; and 3) the decision the ALJ has made on each issue.

After the ALJ's decision is mailed, it cannot be changed other than to correct clerical errors.

Filing Board Appeals

All Board appeals and petitions must be filed in writing with the office location listed on the ALJ's decision.

The Board appeal must be filed (postmarked) within 30 days of the date on the ALJ's decision. An appeal that is not filed within the allotted time may be dismissed unless good cause can be shown for the delay.

Although the use of CUIAB's standard appeal form DE 1430 is preferred, a letter than contains the necessary information is sufficient to serve as an appeal. Each appeal 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.

Your appeal should also include your telephone number, your cell phone number, your e-mail address, and the date and case number of the ALJ's decision being appealed, the reasons for the appeal, your signature and date of signature. If your appeal is being filed late, you should also explain why the appeal is late.

Within the period provided for the timely filing of your appeal, you have the right to request (1) a copy of the complete record of the case for the purpose of submitting written argument in support of your appeal; (2) permission to submit additional evidence; and (3) the opportunity to offer oral argument on the case. If you wish to exercise any of these rights, your Board appeal should include a specific request concerning the right involved.

If a timely request for written argument is submitted, a copy of the complete record (including a CD copy of the audio recording of the hearing) will be sent to you. You will have 12 days from the mailing of the record in which to submit your written argument. Additional time may be granted upon request.

A request to submit additional evidence should explain both the importance of the new evidence and the reasons why such evidence was not presented at the hearing before the ALJ. The Board generally does not consider additional evidence unless good cause exists to do so.

Requests for oral argument are rarely granted.

There will be no hearing before the Appeals Board. The Appeals Board will decide the appeal on the basis of a review of the record established in the case. The written decision of the Appeals Board will be mailed to all parties involved in the case. After that decision is mailed, it cannot be changed other than to correct a clerical error.

Civil Court

If you disagree with the decision issued by the Appeals Board, 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. After such a Petition is filed with the Superior Court, 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.