EDD SDI overpayment after appeal - do I have to repay $7,500 for legitimate disability claim?

This is definitely concerning, but don't panic yet. Yes, when an employer successfully appeals an SDI claim, EDD can determine that all benefits paid become an overpayment. However, you have strong grounds for your own appeal, especially with proper medical certification. You need to file that appeal ASAP - do not miss the 20-day deadline! In your appeal, include: - Copies of all medical documentation - A detailed letter from your doctor reaffirming your condition - Timeline of your symptoms and treatment - Any evidence of the hostile workplace that contributed to your condition You can also request a waiver of overpayment if repayment would cause financial hardship. The form is called DE 1446W. EDD can waive repayment if they determine you weren't at fault and recovery would be against equity and good conscience.

I went through something similar but with a smaller amount ($4,200). My employer claimed I could have performed "modified duties" instead of going on disability. I appealed and WON by providing detailed medical records and a strong letter from my psychiatrist explaining why I couldn't work in ANY capacity at that job due to the anxiety it was causing. The key is getting very specific medical documentation that directly addresses why you couldn't continue working there. Don't just submit the same documents as before - you need your doctor to specifically counter whatever argument your employer made about you being "just dissatisfied." I recommend calling EDD to get clarity on exactly WHY they ruled in your employer's favor. This will help you build a stronger appeal case.

this happened to my sister and she had to pay everthing back plus interest!! the system is totally rigged in favor of employers. they don't care about ur mental health at all, they just want to deny benifits. good luck but dont get ur hopes up

I had to appeal an EDD decision last year (mine was PFL though, not SDI). The damn bureaucracy is INFURIATING. I tried calling them 37 TIMES over two weeks and couldn't get through!!! Kept getting disconnected or told the queue was full. Finally I found this service called Claimyr (claimyr.com) that got me connected to an actual EDD representative within 20 minutes. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Once I actually spoke to someone, they explained exactly what documentation I needed for my appeal and even put notes in my file. Made a HUGE difference in my case. Definitely worth trying if you need to speak to someone about your appeal options!

wait im confused...i thought employers cant contest SDI claims? isnt that only for unemployment? SDI is for medical conditions certified by doctors, not employers. something seems off about this whole situation.

I'm going through the appeals process right now for a different reason (EDD thinks I was working while on disability, which I wasn't). The process is slow and stressful, but here's what helped me: 1. I immediately requested a payment plan to stop collection activities while appealing 2. I got a free consultation with a legal aid attorney who specializes in disability claims 3. I requested my complete claim file from EDD (this shows EXACTLY what info they used to make their decision) 4. I asked my doctor to write a new, very detailed letter specifically addressing the issues raised in the appeal Don't get discouraged! And definitely appeal within the deadline - you can always drop the appeal later if needed, but you can't start one after the deadline passes.

One more thing I forgot to mention - when you file your appeal, check the box requesting an in-person hearing rather than a phone hearing if possible. It's MUCH easier to present your case, show documentation, and make a personal impression on the judge when you're there in person. That was the advice my EDD rep gave me after I finally reached someone, and it made a huge difference in my case outcome.

my cousin works for edd and she says most appeals for this type of situation actually get approved if u have good medical documentation. the first-level review is often pretty cursory but the appeals board looks at everything more carefully. don't give up!!!

Based on your follow-up questions, I wanted to clarify a few things: 1. Regarding payment during appeal: Technically, the overpayment is still due while under appeal. However, you can request a temporary hold due to financial hardship or set up a minimal payment plan ($10-20/month) to show good faith while your appeal is pending. 2. Legal representation: While not required for the initial appeal, if it moves to an Administrative Law Judge hearing, having representation is beneficial. As someone mentioned, check for legal aid services in your area. 3. Documentation strategy: Focus on having your doctor specifically address why your condition prevented you from working at THAT job. Mental health disabilities are legitimate disabilities under SDI, but the documentation needs to be explicit about how your condition prevented you from performing your specific job functions. Keep us updated on your progress. Many appeals are successful with proper documentation!