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James Johnson

Can EDD take PFL benefits to pay off unemployment overpayment debt?

I'm in a really tough spot right now. I just had my baby last month and applied for Paid Family Leave to bond with him. My claim was approved, but I just got a notice that they're withholding my PFL payments because I apparently had an overpayment from unemployment benefits I received in 2023. I had NO IDEA they could do this! Can EDD really take my PFL money to pay back an unemployment overpayment? I was counting on that money for baby expenses and my maternity leave. Has anyone dealt with this before? Is there any way to get my PFL payments released? I'm getting desperate here.

Yes, unfortunately EDD can and does offset benefit payments from one program to pay off overpayments from another program. This is because all EDD benefit programs (UI, SDI, PFL) are administered by the same department. If you owe money to one program, they can take it from payments you're eligible for under a different program. It's actually in California Unemployment Insurance Code Section 2739.

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James Johnson

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That's awful! I had no idea they could do that. Is there ANY way to stop them from taking my PFL money? I literally need it for diapers and formula.

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Mia Green

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omg this happened to my cousin too!! soooo frustrating. she had to make some kind of payment plan with them i think?

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James Johnson

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Do you know how she set up the payment plan? Did she have to go through a specific department or fill out special forms?

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Emma Bianchi

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THE SYSTEM IS RIGGED AGAINST US!!! they take ur money when THEY make a mistake and then make YOU pay for it when u need it most. classic EDD garbage. i had the SAME THING happen with disability. they said i was overpaid by $2300 from THREE YEARS AGO and just started taking my checks!!! no warning!! NOTHING!!!

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This is why I always tell people to document EVERYTHING with EDD. Every call, letter, email. They'll come back years later sometimes.

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You can request an overpayment waiver if repaying would cause extraordinary hardship. Look for the DE 1446W form on the EDD website. You'll need to document your financial situation showing that losing your PFL payments would cause significant hardship - especially with a newborn. Also, you can request a payment plan instead of them taking 100% of your benefits. Call the UI overpayment department directly at 800-676-5737 to discuss your options. If the overpayment wasn't your fault (no fraud involved), you have a much better chance of getting a waiver approved.

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James Johnson

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Thank you so much! I'm going to look for that waiver form right now. The overpayment wasn't my fault - they said I reported my wages incorrectly, but I submitted everything exactly as my employer gave it to me. I've been trying to call that number but can't get through to anyone. It's so stressful.

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Charlie Yang

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I've been through this exact situation after my twins were born last year. If you can't get through on the phone, try using Claimyr (claimyr.com). They helped me get through to an actual EDD agent when I was dealing with my overpayment issue. You can see how it works in their video demo: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Once I got through to someone, I was able to set up a payment plan where they only took 25% of my PFL benefits instead of all of it. Made a huge difference during my leave. The key is actually talking to someone who can help, which is the hardest part.

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James Johnson

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Thank you for the recommendation! I'll check out that service. Did you have to provide any financial documents to get them to agree to only take 25%?

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Grace Patel

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my brother had this problem too and he just gave up trying to fight it. EDD always wins these things.

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Actually, that's not true. EDD frequently approves hardship waivers and payment plans when properly requested and documented. Many people give up before exploring all their options, but there are legitimate processes for addressing these situations.

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James Johnson

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Quick update: I used Claimyr to get through to EDD yesterday (THANK YOU for that tip!!) and spoke with an agent who was actually really helpful. She explained that I can submit the DE 1446W waiver form AND request a temporary payment plan while the waiver is being processed. She said with a newborn, I have a good case for a hardship waiver. I'm filling out all the paperwork today and submitting it. Fingers crossed! Thanks everyone for your help!

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Emma Bianchi

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make sure u keep COPIES of EVERYTHING u send them!!!! and get the name of anyone u talk to on the phone!!!

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Mia Green

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wait so does this happen with disability too? like if u owe unemployment money can they take ur disability payments?

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Yes, EDD can offset any benefit type (UI, SDI, PFL) to recover overpayments from any other program they administer. They all fall under the same department, so they can collect debts across programs.

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When I had my overpayment issue, I wrote to my state representative's office and they helped intervene. Worth trying if the regular channels don't work.

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James Johnson

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That's a great idea, I hadn't thought of that. How long did it take for them to help?

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Joy Olmedo

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In my case, it took about 2-3 weeks. My rep's office contacted EDD on my behalf and within a few days EDD called me directly to discuss options. They were much more willing to work with me once a legislative office got involved. Just make sure you have all your documentation ready - overpayment notice, financial hardship info, etc. Good luck with your waiver application!

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Logan Stewart

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I'm so sorry you're dealing with this stress while caring for a newborn! I went through something similar last year and it was incredibly overwhelming. One thing that really helped me was keeping a detailed log of every phone call, including dates, times, and the names of representatives I spoke with. Also, when you submit that DE 1446W form, make sure to include detailed documentation of your monthly expenses - rent/mortgage, utilities, groceries, baby supplies, etc. The more specific you can be about how losing your PFL payments creates genuine hardship, the stronger your case will be. EDD seems to respond better when you can clearly show the financial impact in numbers. Hang in there - you're doing everything right by advocating for yourself and your family!

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Miguel Harvey

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Thank you for this detailed advice! I'm definitely going to start keeping a log of all my calls - I should have been doing that from the beginning. The tip about documenting monthly expenses is really helpful too. I've been so focused on just the baby costs that I didn't think about including all our regular bills. It's reassuring to hear from someone who actually made it through this process successfully. Did you end up getting your hardship waiver approved, or did you have to go with a payment plan?

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I'm dealing with this exact same situation right now! Had my daughter 3 weeks ago and EDD is holding my PFL payments for an overpayment from 2022 that I didn't even know existed. It's beyond frustrating when you're already sleep-deprived and trying to care for a newborn. Reading through all these responses gives me some hope though - I had no idea about the DE 1446W form or that you could request partial payment plans. Going to try the Claimyr service tomorrow to actually get through to someone. It's crazy that we have to jump through so many hoops when we're already in such a vulnerable situation with new babies. Thanks to everyone sharing their experiences - it really helps to know we're not alone in this mess!

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Amara Nnamani

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I'm so sorry you're going through this too! It really is overwhelming when you're already dealing with a newborn and sleep deprivation. Definitely try Claimyr - several people here have had success with it. Also, don't let EDD intimidate you into thinking you have no options. The fact that your overpayment is from 2022 and you weren't notified until now actually works in your favor for a hardship waiver. Make sure to emphasize that you had no knowledge of the debt and that withholding your PFL payments creates immediate hardship for you and your newborn daughter. Document everything - your baby expenses, medical bills, lost income during maternity leave. The more evidence you can provide of genuine financial hardship, the better your chances. You've got this! Keep us posted on how it goes.

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Payton Black

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I went through this exact situation 6 months ago and it was absolutely devastating at the time. EDD withheld my entire PFL payment for an overpayment I didn't even know about until they took my money. Here's what worked for me: I submitted the DE 1446W hardship waiver AND immediately called to request a payment arrangement while the waiver was being processed. The key is to be very detailed about your baby expenses - formula, diapers, medical copays, childcare if you're planning to return to work, etc. I also included a letter from my pediatrician stating that financial stress could impact my ability to care for my newborn. It took about 6 weeks, but my hardship waiver was approved and they released the held payments. Don't give up - they do approve these waivers, especially for new parents. The system is definitely broken, but there are ways to work within it. Document everything and keep pushing!

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Ava Martinez

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This gives me so much hope! The letter from your pediatrician is such a smart idea - I never would have thought of that but it makes perfect sense that financial stress affects your ability to care for a newborn. Six weeks feels like forever when you're dealing with no income, but knowing there's light at the end of the tunnel helps. Did you have to provide bank statements or other financial documents along with the waiver form? I want to make sure I include everything they need the first time so there are no delays. Thank you for sharing your success story - it really helps to know that EDD does actually approve these waivers for new parents!

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