How to File a Second Level Unemployment Appeal in California

In California, if your application for unemployment benefits is rejected, you have the right to appeal the decision. If your first level appeal is also rejected, you can file a second level appeal. In filing a second level appeal, you are requesting a review of all relevant information about your particular case, with the hope that the Appeals Board will change the decision of the Administrative Law Judge. Prepare your second appeal carefully, and present all your circumstances in the best possible light.

Instructions

1. Study some of the references that the Appeals Board uses when they make their decisions so that you can craft your appeal in a way that the Appeals Board will find compelling. Go to the California Employment Development Department website and read the Unemployment Insurance Code, the California Code of Regulations, Title 22, Benefit Determination Guides and Precedent Benefit Decisions. Look for previous cases that the Appeals Board approved that had circumstances similar to your own.

2. Obtain the California Employment Development Department Appeal Form, DE 1000M, from the EDD website. Fill in the form with the requested personal information, including your Social Security number, employer account number, the reason for your appeal and the appeal case number on the Administrative Law Judge's decision.

3. Submit your appeal to the Appeals Board within 20 calendar days from the date the Administrative Law Judge issued his decision on the first level appeal. Mail your second level appeal to the return address of the decision notice you received from the Administrative Law Judge. Wait to receive confirmation from the Appeals Board that they received your appeal. The Appeals Board will then give you instructions on the procedures of how to present your second appeal.

4. Present your oral or written arguments to the Appeals Board within 10 days of receiving the Appeals Board confirmation. You can present a written document of your arguments, or you can also present your arguments to the Appeals Board in person. Reference any previous cases that the Appeals Board approved that were similar to your own situation. You will be invited by the Board to a hearing where they will review all the written documents regarding your appeal and the decision of the Administrative Law Judge.

5. Wait to receive the written decision of the Appeals Board. If your second appeal is rejected, you may file a Writ of Mandate to the California Supreme Court. You should file the Writ of Mandate within six months after the mailing date of the written decision of the Appeals Board.

Tips & Warnings

• File for unemployment as soon as you lose your job.

References

• California Government Employment Development Department: Second Level Appeal
• California Unemployment: Claims Guide