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I've been through a very similar EDD overpayment hearing for COVID-era benefits and want to echo what everyone else has said - your brother absolutely has grounds to challenge this based on the notice timing alone. One thing I haven't seen mentioned yet is that he should also prepare a brief statement about his financial situation during 2020 and why he needed the UI benefits. Judges often consider the human impact, especially for COVID cases. Also, if his employer has any records of the closure (like company-wide emails announcing the shutdown due to health orders), those are incredibly powerful pieces of evidence since they prove the decision to stop working wasn't his. The fact that his San Jose office was completely shut down by government mandate puts him in a strong position. I'd also suggest he mention early in the hearing that he's willing to work with EDD on any legitimate overpayment issues but wants to ensure due process is followed. This shows good faith while still asserting his rights. The judges I've encountered really appreciate when people approach these hearings with that kind of cooperative but firm attitude. Hang in there - with all the documentation and preparation advice from this thread, he's going to be well-prepared for Wednesday!
Wow, what a situation! I'm really glad your brother has you advocating for him. I've been reading through all this advice and it's incredible how helpful this community is. One small thing I wanted to add - when your brother calls EDD tomorrow morning about the notice timing, make sure he gets the name and employee ID of whoever he speaks with, plus asks them to document the conversation in his case file. Sometimes having that paper trail of who acknowledged the procedural issue can be helpful if it comes up again later. Also, I know everyone's mentioned staying calm during the hearing, but I wanted to emphasize that if he feels overwhelmed at any point, it's totally okay to ask the judge for a moment to collect his thoughts or refer to his notes. The judges expect people to be nervous and are usually patient about that. Your brother is lucky to have someone like you helping him through this mess. The fact that you're both being so thorough with preparation really shows good faith, and that matters a lot in these hearings. Best of luck on Wednesday - you've got this!
This is such thoughtful advice! I hadn't considered getting the EDD employee's name and ID when we call tomorrow - that's a really smart way to create a paper trail. And thank you for mentioning that it's okay to pause during the hearing if needed. My brother definitely gets flustered under pressure, so knowing that judges are patient with nervousness will help him feel more confident. I'm honestly amazed by how supportive and knowledgeable everyone in this community has been. We went from complete panic this morning to having a solid game plan thanks to all of you. I'll make sure he has all these tips written down for Wednesday. Really appreciate the encouragement - it means a lot to know we're not going through this alone!
I'm going through the exact same thing right now! Been waiting 3 days for a callback and nothing. The whole "you're next in line" message feels like a cruel joke at this point. I've tried calling early morning, late afternoon, even during lunch hours - same result every time. It's incredibly frustrating when you have urgent issues that need resolving and you're just stuck in limbo. Has anyone found a specific time of day that works better, or is it really just a matter of pure luck? This system definitely needs some serious improvements.
I totally feel your frustration! I'm dealing with the same nightmare right now. It's like they designed this system to make us give up. I've been trying for over a week and it's always the same story - "high call volume" and empty promises about callbacks. At this point I'm wondering if anyone actually works there or if it's just robots playing pre-recorded messages. The fact that we all have to resort to paid services or jumping through hoops just to talk to someone is absolutely ridiculous. Hang in there though - from what I'm reading here, persistence seems to be the only way forward, unfortunately. 😤
I'm in the exact same boat and it's absolutely maddening! Been waiting 48 hours now for my "priority" callback that never came. The worst part is when you finally do get through to someone, half the time they transfer you and you get disconnected. I've started keeping a detailed log of every attempt - dates, times, reference numbers, who I spoke with - because at this point I'm convinced they just hope we'll give up. The system is beyond broken when people are literally paying third-party services just to get basic government assistance. We shouldn't have to choose between our time and our money to access services we're entitled to. Stay strong everyone - we're all in this frustrating mess together! 💪
I completely understand your frustration! I'm new to this community but dealing with the same exact issue. It's honestly shocking how dysfunctional this system is - I never imagined it would be this difficult just to speak with someone about my claim. The fact that you're keeping a detailed log is really smart, I'm going to start doing that too. It's crazy that we're all here sharing the same nightmare experience. Thanks for the solidarity - it helps to know I'm not alone in this mess! Has anyone here actually had success getting their issue resolved once they finally got through?
Just wanted to follow up - how did things work out with your transition from UI to SDI? Were you able to submit your claim online?
Yes! I followed the advice here and everything went relatively smoothly. Filed online the same day I posted this, indicated my surgery date as the disability start, and did my final UI certification honestly. There was about a 10-day gap where I received no benefits (partly due to the 7-day SDI waiting period), but then the SDI payments started. The weekly amount is about $180 less than my UI was, but I'm grateful to have the income while I recover. Thanks everyone for the guidance!
I'm going through something similar right now - just found out I need shoulder surgery next month and I'm currently on unemployment. This thread has been incredibly helpful! Quick question though - if I know my surgery date in advance (it's scheduled for April 15th), should I wait until after the surgery to file the SDI claim, or can I file it beforehand with the future surgery date? I want to minimize any gap in benefits but also don't want to mess up the timing.
Update: I spoke with my workers' comp attorney again and got more details. The settlement is primarily for permanent disability and future medical costs, not for lost wages during any specific time period. She said I should be fine continuing to certify for UI as long as I'm able to work and looking for work, but I need to report the settlement when I receive it. I'm going to try contacting EDD directly to confirm this information. Thanks everyone for your help!
I'm dealing with a similar situation right now - waiting on my WC settlement while on UI. One thing I learned is that you should definitely get the settlement agreement in writing that specifies exactly what each portion covers (permanent disability vs lost wages vs medical). This documentation will be crucial when reporting to EDD. Also, don't wait until you receive the money to contact EDD - call them as soon as you have the settlement details so they can flag your account and avoid any automatic overpayment notices. The earlier you're proactive about it, the smoother the process usually goes.
StarGazer101
guys i just got off the phone with edd after using that claimyr thing. they fixed my pending issue in like 10 minutes! cant believe i waited so long to try it
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Paolo Romano
•Nice try, Claimyr marketing team 🙄
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StarGazer101
•Lol I wish I worked for them, then I wouldn't need EDD 😂 Just sharing what worked for me, take it or leave it 🤷♂️
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EM Elizondo
I've been stuck in this limbo since I filed AUGUST 23. It's impossible to get a hold of anyone, even though I've try several times a day, every day. In the meantime my credit has been trashed because I can't pay CC bills and I've had to borrow money to feed my kids. Now my FMLA is up and I have to consider going back to work even though my husband needs care, because I never heard a thing, and I need to survive. This broken process is shameful, and dangerous
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Aisha Rahman
•I'm so sorry you're going through this. August?! That's absolutely unacceptable. Have you tried reaching out to your state assemblyperson's office? They sometimes have constituent services that can help escalate EDD issues. Also, there might be local food banks or emergency assistance programs that could help while you're waiting. You shouldn't have to choose between caring for your husband and feeding your family. This system is completely broken and I'm really sorry it's putting you in such an impossible position. 💙
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