Unfortunately, hundreds of thousands of Californians are wrongfully denied benefits every year. If the EDD denied your unemployment or disability benefits, you can challenge and reverse the decision through an appeal. With a success rate of over 95%, our office can handle your entire appeal, and help you reverse the denial in a matter of weeks. We offer a free evaluation of your case to assess your chances of success in an appeal.
The Appeal Process
An initial denial of unemployment insurance or disability insurance benefits is not a final denial. Individuals that have received a denial from the EDD have the right to challenge the decision by filing an appeal. There are strict guidelines and time limits regarding these appeals, and you should always have the assistance of an attorney who understands the proper procedures to make sure you do not lose your chance to appeal the decision.
For both unemployment and disability denials, you only have 30 days from the date listed on your EDD determination letter. After filing the correct appeal form the following will happen:
For unemployment, the California Unemployment Insurance Appeals Board (CUIAB) will schedule you a hearing in front of an Administrative Law Judge (ALJ).
For disability, the State Disability Insurance program (SDI) will review the detailed reasons you claim that the denial was in error and why you believe you deserve benefits. If they do not overturn the denial, they will hand your case over to the CUIAB for a hearing to be scheduled.
Though the ALJ hearing may seem more informal than a traditional court hearing, it is extremely important to have quality representation by an attorney. There will likely be adverse parties present (your employer challenging the claim or the SDI representative who denied your claim) and you will be expected to answer a number of questions accurately. It is easy to become confused or flustered in such a situation, so it is imperative to have an attorney there to advise you and argue on your behalf. An experienced lawyer will know how to present your case in the most clear and concise manner possible, as well as cross-examine any adverse witnesses to challenge their testimony. Having qualified representation at an ALJ appeal hearing can greatly improve your chances of winning your appeal, avoiding a final denial, and receiving the benefits you deserve as soon as possible.
Contact an experienced California unemployment and disability lawyer for assistance today
If you believe you are entitled to either unemployment or disability insurance in California, your first step should be to consult with an experienced attorney who understands how the systems works in our state. The application process may be quite complicated and even a slight mistake may cause your rightful benefits to be significantly delayed or even denied entirely. Additionally, if your application for unemployment or disability benefits has been denied by the EDD, you should always seek the assistance of an experienced lawyer to handle your appeal. You should never risk losing the benefits you rightfully deserve, so please do not hesitate to call the Pershing Square Law Firm for help today, or CLICK HERE FOR A FREE EVALUATION.