On: September 9, 2022

EDD Appeal Experienced Tax Experts Pasadena

The right to appeal an adverse decision is basic in the American legal system.  When you receive an unfavorable result from the Employment Development Department (“EDD”), you can file an EDD appeal.

If you are in Pasadena, your best chance for success in an EDD appeal is to hire a knowledgeable EDD appeal experienced tax expert in Pasadena.

EDD

EDD is a government agency that is responsible for a variety of issues, including concerning unemployment insurance, disability insurance, paid family leave, and payroll taxes.

When EDD (in an audit, assessment, or otherwise) makes a determination or ruling that adversely affects a person, the affected person has the right to file an appeal of such determination or ruling.

It is important to remember that while an appeal is pending, all EDD collection activity is on hold (although any liability will continue to accrue interest).

Two key areas of EDD appeals concern unemployment insurance benefits and payroll taxes.

Why You May File EDD Appeals – Unemployment Insurance EDD Appeals

If EDD issues a decision that reduces or denies your unemployment insurance benefits, you have the right to appeal the decision.

You must submit your appeal in writing within 30 days of the mailing date on the EDD decision document (Notice of Determination and/or Ruling (Form DE 1080CZ)).

If you miss this 30-day deadline, you must include in the appeal the reason for filing the appeal late.  However, if it is determined that you did not have good cause to file your appeal late, your appeal will be dismissed.

Please note that while your appeal is pending, you must continue to certify for unemployment insurance benefits.  If you are found eligible, you can be paid only for periods for which you have certified and met all other eligibility requirements.

Unemployment Insurance EDD Appeals – The Process

You can file your appeal on Appeal Form (Form DE 1000M).

Alternatively, you can write a letter to EDD describing that you want to appeal the EDD decision.  This letter needs to include all of the following information:

• Full name;
• Address;
• Phone number;
• Social Security number;
• The name and mailing address of any representative;
• The reason for your appeal;
• A copy of the decision you are appealing or the date of the decision; and
• Any request for language assistance or special accommodations.

Your appeal will be assigned to an Administrative Law Judge, who will conduct a hearing on your appeal.  At least 10 days prior to the hearing, you will receive notice of the date, time, and location of the hearing.  The Administrative Law Judge will issue a written decision on your appeal.

If you disagree with the Administrative Law Judge’s decision, you have further appeal rights.  You can file a “second level” appeal with the California Unemployment Insurance Appeals Board (the “Appeals Board”) within 30 days from the date of the Administrative Law Judge’s decision.

In this Appeals Board appeal, you need to include the following information:

• Full name;
• Address;
• Phone number;
• Social Security number;
• The name and mailing address of any representative;
• The reason for your appeal; and
• The appeal case number assigned to the Administrative Law Judge’s decision.

The Appeals Board typically does not consider new or additional evidence.  However, you have 10 days from the date of the confirmed receipt of the appeal to ask to present oral or written arguments and new evidence.  The acceptance of any additional evidence is at the discretion of the Appeals Board,

The Appeals Board will issue a written decision.  If you disagree with the Appeals Board’s decision, while you then have exhausted all administrative appeal remedies, you may file a Writ of Mandate to the California Superior Court within six months of the mailing date of the Appeals Board’s written decision.

Why You May File EDD Appeals – Payroll Tax EDD Appeals

If EDD issues a decision that assesses you for additional payroll tax liability, you have the right to appeal the decision.

An issue that is often the subject of controversy in a payroll tax EDD appeal is whether a worker is an employee or an independent contractor.  If the worker is an employee, the business paying the worker is subject to payroll tax liability; if the worker is an independent contractor, the business paying the worker is not subject to payroll tax liability.

In California, a worker is generally (as there are many exceptions to this general rule) considered an employee, and not an independent contractor, unless the hiring entity meets all of the following three conditions:

• The worker is independent of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
• The worker performs work that is outside the hiring entity’s business; and
• The worker is routinely doing work in an independently established trade, occupation, or business that is the same as the work being requested and performed.

Payroll Tax EDD Appeals – The Process

The procedures for payroll tax EDD appeals are generally similar to the procedures for unemployment insurance EDD appeals.

How to Handle EDD Appeals – The Critical Role of the EDD Appeal Experienced Tax Expert

The complexity of applying the “employee vs. independent contractor” test is just one of the many challenging issues that can arise during an EDD appeal.  The Appeals Board has stated that the EDD appeals process can be an overwhelming experience for non-lawyers.

Anyone has the right to file an EDD appeal.  However, to be successful in your appeal, you need to have representation from a knowledgeable EDD appeal experienced tax expert, who has had prior success in handling other EDD appeals.

Such a knowledgeable EDD appeal experienced tax expert can play a critical role in your appeal case on each of the following issues that commonly arise during an EDD appeal:

• Analyzing the EDD decision that is being appealed and assessing if any relevant evidence was not produced or other mistakes were made at the “decision” level (audit, assessment, or otherwise);
• Understanding the applicable facts for the appeal;
• Understanding the applicable law for the appeal;
• Preparing the written appeal documents in the best form;
• Determining what witnesses to subpoena for the appeal hearing;
• Presenting the evidence at the appeal hearing in the best form;
• Presenting the arguments at the appeal hearing in the best form;
• Responding to negative testimony or evidence at the appeal hearing in the best manner; and
• Negotiating a possible settlement with EDD (including a pre-appeal hearing settlement).

Leading Tax Group – The Best EDD Appeal Experienced Tax Experts in Pasadena

If you are in Pasadena, Leading Tax Group can best help you address each of the above-described EDD appeal issues.

Leading Tax Group has expansive knowledge of both EDD law (including of the above-described “employee vs. independent contractor” test) and EDD appeal procedures.  In addition, as evidenced by its successful experience in helping other clients with their EDD appeals, Leading Tax Group knows how to best prepare written appeal documents, best present evidence and arguments at the appeal hearing, and best respond to negative testimony or evidence at the appeal hearing.

With this expansive knowledge and successful experience, Leading Tax Group is the best EDD experienced tax expert (their experienced team consists of a former IRS tax attorney, an experienced payroll tax and sales tax attorney, a retired IRS auditor (of 40+ years), and their own in-house accounting team!) in Pasadena to assist you with your EDD appeal.

Leading Tax Group has a conveniently accessible office in Pasadena at 225 S Lake Avenue, 3rd Floor.

If you are filing an EDD appeal in Pasadena, you need the aggressive EDD appeal experienced tax experts (their experienced team consists of a former IRS tax attorney, an experienced payroll tax and sales tax attorney, a retired IRS auditor (of 40+ years), and their own in-house accounting team!) from Leading Tax Group.

For the best EDD appeal experienced tax experts (their experienced team consists of a former IRS tax attorney, an experienced payroll tax and sales tax attorney, a retired IRS auditor (of 40+ years), and their own in-house accounting team!) in Pasadena, contact Leading Tax Group now at (800) 900-4250 and schedule your free consultation today!