Can I appeal EDD overpayment after collecting unemployment during FMLA transfer period?

You're in a complicated situation that sits at the intersection of FMLA, unemployment, and disability accommodation. From my experience with EDD appeals, you need to focus on proving you were "able and available to work" during that time period, which is the key qualification for unemployment. Your documentation sounds good, but I'd add anything showing you were actively looking for work in your local area during those 10 weeks. The fact that you couldn't work at your specific job location due to a medical condition doesn't automatically disqualify you from unemployment if you were able to work elsewhere. Make sure your appeal clearly explains this distinction.

your gonna need WAY more than that trust me. i had almost the exact same thing happen to me except it was for my chronic back pain and commuting long distances. EDD will try to say that since u weren't totally disabled u shouldn't have collected ANYTHING. bring EVERYTHING u can possibly find - all medical records, emails from HR, proof u looked for other jobs, everything!!!!! theyre so tough on these cases its ridiculous!!!

Your situation highlights a common misunderstanding about EDD benefits. When you're on FMLA but still able to work with accommodations, you're in a gray area between programs. Here's what you need to focus on for your appeal: 1. Prove you disclosed your situation when applying for unemployment 2. Show you were actively seeking work you could perform 3. Demonstrate you couldn't get SDI because you weren't fully disabled 4. Emphasize that your employer couldn't accommodate you temporarily but you were willing and able to work elsewhere I'd also recommend bringing a timeline showing when each event happened - when you applied for FMLA, when you applied for unemployment, when the transfer was approved, etc. This will help the judge understand the sequence of events clearly.

I had a somewhat similar issue with EDD last year - they claimed I owed $8900 in overpayments. It took FOREVER to resolve because I could never reach anyone at EDD! I'd call the appeals office over and over, wait on hold for 3+ hours, then get disconnected. So frustrating! After weeks of this, I found this service called Claimyr (claimyr.com) that got me connected to an actual EDD representative in about 20 minutes. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Once I actually talked to someone, they helped me understand exactly what documentation I needed for my appeal. Might be worth trying if you need clarification on anything before your hearing!

Wait, I'm confused... if you were on FMLA how could you collect unemployment? I thought FMLA meant you were still employed just on protected leave? And unemployment is for when you're not employed? Can someone explain how these work together?

I went through something similar and WON my appeal, so don't lose hope! The key to my success was proving that I was fully transparent with EDD when I applied. I had notes from my initial application where I clearly explained my situation. Did you mention your FMLA status and accommodation needs when you initially applied for unemployment? If so, make sure to emphasize that - it shows you weren't trying to defraud the system but were following guidance as you understood it. Also, if the EDD representative who called you didn't provide proper notice or follow protocol, definitely mention that in your appeal. There are specific procedures they must follow for overpayment notices.

Make SURE you send in all documentation BEFORE the hearing!! I made the mistake of bringing everything to my hearing without sending it in advance, and the judge wouldn't accept most of it. They're really strict about their procedures. Also, be prepared to clearly explain why you believe you were eligible for unemployment despite being on FMLA - have a concise statement ready.

One important thing to clarify - what exactly did the overpayment notice state as the reason for denial? There are different arguments you'll need to make depending on whether they're claiming: 1. You weren't able and available for work (which is what it sounds like) 2. You were still attached to your employer (which FMLA might suggest) 3. You didn't report income or some other technical issue The specific reason will determine what parts of your documentation are most important to emphasize.

omg that random Sunday phone call is super sketchy!!!! EDD NEVER calls on weekends in my experience. Was probably a scammer trying to get ur info! the real overpayment notice always comes in writing or in ur edd online account!!!

Since the official notice stated you weren't available for work due to medical leave, your appeal should focus specifically on proving you WERE available for suitable work. Make sure to include: 1. Doctor's note explicitly stating you could work with the accommodation of not working at elevation 2. Evidence of job searches for positions that would accommodate your condition 3. Any documentation showing your employer couldn't temporarily accommodate you locally This distinction between "unable to work at all" versus "unable to work in specific conditions" is crucial for your case. EDD often misapplies these rules in complicated situations like yours.