Oakland EDD Benefit Payments Attorney

Appeal of Denial of EDD Benefit Payments

The EDD (Employment Development Department) lacks the resources to fully investigate the circumstances under which the terminated worker's employment comes to an end. The EDD will sometimes mistakenly deny unemployment insurance benefit payments to an eligible applicant based on inaccurate information provided by the employer, through EDD error, or both. A denial of benefit payments is almost always based on one or more of the following:

1. A determination that the employee committed misconduct;
2. A determination that the employee quit their job;
3. A determination that the employee has been dishonest in their application for benefit payments.

The bar of what constitutes employee "misconduct" severe enough to warrant disqualification for receipt of EDD benefit payments is higher than realized by most employers-and higher than realized by some EDD employees. This means that you may be incorrectly disqualified on the basis of "misconduct" even where your employer does not lie to the EDD about the circumstances of your termination.

It is very important to file your appeal immediately upon notice that you have been denied benefit payments. You have nothing to gain by waiting until the deadline. There will be an appeal hearing at which you will appear in person to give oral testimony regarding the circumstances of the termination of your employment. The hearing will not be held by the EDD, but rather by the CUIAB (California Unemployment Insurance Appeals Board). You are not required to have an attorney representing you at the CUIAB hearing, but it is permitted and may be advantageous. If you lose at the CUIAB appellate hearing, you may file a further written appeal to the CUIAB, but they will not hold another hearing.

Petition for Writ of Mandate

If you lose the written appeal to the CUIAB, you may make a further appeal through filing a "Petition for Writ of Mandate" in the local Superior Court. I have successfully represented clients through the initial EDD application phase, at CUIAB hearings, and through Petition for Writ of Mandate.

Contact Me For An EDD Benefits Attorney Consultation

I will fight for your rights for EDD insurance.  Contact me for a consultation as soon as possible. You deserve to be covered financially if you are in fact an eligible candidate for unemployment insurance benefit payments.  I can help.