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Many people who are rightfully eligible for UI benefits are denied them. If you suspect you were wrongfully denied, EDD has an appeals process. Review your Notice of Determination, which will lay out the reasons you were denied UI benefits, and, if you believe they wrongly denied your UI application, you can request an appeal.  The most common reason for being denied UI benefits is not meeting the minimum eligibility requirements (discussed in Part 1). For example, EDD may determine that you lost your job as a result of performance issues or because you quit voluntarily. These determinations are often made by EDD after interviewing your past employers. The most common denials that are appealed involve voluntary quits and misconduct. If you are denied UI benefits because you quit your job, be prepared to prove that you quit with good cause (i.e., you had a real and compelling reason to quit). If you are denied UI benefits because of alleged misconduct, your employer will have the burden of proving that misconduct on appeal. This is good news for you; it is often possible to win an appeal based on alleged misconduct because your employer may not have the necessary evidence to prove it. If you disagree with EDD's reasons for denying your UI benefits, you must submit your appeal within 20 calendar days of the date on your EDD Notice of Determination. Keep your appeal simple and only state you wish to appeal the decision (e.g., "I disagree with the decision by EDD and I am entitled to UI benefits under the law"). Saying anything else may actually hurt your chances of winning an appeal. You can choose to either submit an appeal form or an appeal letter. The appeal form can be found here. When the form is completed, simply send it in with a copy of your Notice of Determination. If you are writing an appeal letter, simply state that you are appealing and send it to the address designated in your Notice of Determination. Make sure you include your name, address, phone number, and social security number. After submitting your appeal, EDD will send you a notice acknowledging your appeal as well as a notice of a hearing. At the hearing you will be able to present the reasons why your UI claim should be granted and, depending on the reason for the denial, your employer will have an opportunity to attend the hearing and present evidence as well.   Review the appeal file. The appeal file is available at the Office of Appeals (at an address that will be provided to you in a letter) and you need to retrieve a copy to analyze before the hearing. The file will contain claim notes, employer protests, records of interviews, your Notice of Determination, and the appeal letter.   Learn the basics of the law that applies to your appeal. You should understand the basic law that will govern your appeal. Look through this guide, which should provide you with the basic information you need.  Gather supporting documents. In addition to the documentation in your appeal file, you should also be prepared to introduce other evidence at the hearing. Some of the evidence you should try to bring includes performance reviews, personnel manuals, employee commendations and/or reprimands, and any written correspondence between you and your past employer.  Consider contacting an attorney to help you with your appeal. You are allowed to bring a representative with you to the appeals hearing and you may want to hire an attorney for that reason. An attorney can help you navigate the process and present a persuasive case on your behalf. Consider contacting your local legal services organization since they often deal with these types of issues. If you are in San Francisco, try contacting the Legal Aid Society Employment Law Center. Your UI appeal hearing will either be conducted in person or in some limited circumstances it will be conducted via telephone. An administrative law judge or representative from your state unemployment insurance agency will conduct the hearing.  At the hearing, the administrative law judge will make introductory remarks and will turn on a recording device in order to make a record of the proceedings. In addition, the administrative law judge will give you an overview of the hearing process.  After the preliminary remarks, the agency representative will ask you questions related to your UI claim and through this process you will have an opportunity to share why you are entitled to UI benefits and present evidence. If your employer attends, they will also have an opportunity ask you questions related to your UI claim. After your hearing, your state agency will send you a decision. The hearing officer will state the facts of your case as well as the basis for their decision. If you disagree with the decision you can appeal again. If you wish to appeal, you have 20 days to file an additional appeal.
Review your denial letter. Request an appeal. Prepare for your hearing. Attend your hearing. Wait for a decision.