EDD hearing for COVID UI overpayment - evidence deadline issue - need urgent advice

That sounds like a classic EDD mess-up with notice timing. Your brother needs to call IMMEDIATELY and explain the situation. Take photos of the postmarked envelope and the notice showing the impossible timeline. During the hearing, he should calmly explain that he received inadequate notice to prepare and request a continuance. I've been through two EDD hearings (one for disability, one for UI) and judges are usually reasonable about procedural fairness issues like this.

I had an overpayment case from 2020 too. The key is to focus on the "good faith" argument. If your brother genuinely believed he was reporting correctly during the chaotic COVID period, mention that repeatedly. Judges understand that the rules were confusing then, especially with PUA and regular UI differences. Make sure he mentions specific dates his workplace was closed due to local health orders - that carries weight. And yes, bring ALL documentation even if "late" - most judges will still consider it.

i had simlar thing happen and the judge was actualy pretty nice. they let me expalin my side even tho i didnt have all my paperwrk ready. make sure ur brother stays calm and doesnt get defensive that makes things worse!!!!

Tell your brother to DEMAND A CONTINUANCE the moment the hearing starts!!! EDD is NOTORIOUS for sending notices late to trick people into missing deadlines. It's a TACTIC they use!!!! I know DOZENS of people who got screwed by this exact same thing. They DON'T CARE that it was during COVID when everything was chaos. They just want their money back!!!! The system is RIGGED against us!!!

Former ALJ clerk here. Your brother should do the following: 1) Call the Appeals office first thing tomorrow morning and explain the notice timing issue. Request that this information be added to his case notes for the judge to see. 2) Submit whatever evidence he has anyway, even if it's past the deadline. Include a cover letter explaining the late notice situation. 3) At the start of the hearing, politely request a continuance based on inadequate notice time. 4) If continuance is denied, focus on the "good cause" requirements for the COVID period. Emphasize any confusion about reporting requirements during that unprecedented time. The judge will be looking at whether there was willful misrepresentation or genuine confusion.

My cousin went through something similar! The EDD is going after so many people for COVID-era benefits now. It's ridiculous considering how confusing everything was back then. She sent in her evidence the day before her hearing and they still accepted it. Just make sure your brother faxes everything if possible since that gives you confirmation it was received. Good luck!

Just wanted to share that I've been in a similar situation trying to reach EDD about an overpayment issue (mine was SDI, not UI, but same department). I was getting nowhere with their regular phone lines - constant disconnects or hours on hold. I finally used Claimyr.com which got me through to an actual EDD agent in about 20 minutes. They have this video that shows how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd It helped me get my overpayment reduced significantly because I was able to explain my situation to an actual person before my hearing. Might be worth a try for your brother since time is so short.

Something to consider - if your brother's workplace was fully closed due to COVID health orders in San Jose, that's actually a very strong defense. There were specific provisions for people who couldn't work due to local health mandates. Make sure he mentions the specific Santa Clara County health orders that affected his workplace and specific dates. Even if he made reporting errors, if he genuinely couldn't work due to government orders, he might have a solid case.

Just to add one more thought - if your brother ends up having to repay, he can request a waiver of overpayment if repaying would cause financial hardship. There's a specific form for this (DE 1446W). Worth knowing about as a backup plan.

ALSO!!! Make SURE he records the hearing if California law allows it!!! They will try to twist his words and having a recording protects him!!!

One last bit of advice - I found it really helpful to create a simple timeline document showing exactly what happened when. Include dates of workplace closure, when he applied for benefits, when he received payments, any communication with EDD, etc. Having this organized chronologically made my hearing go much more smoothly since I wasn't struggling to remember dates and details while nervous.

This thread has been incredibly helpful! As someone who went through a similar EDD overpayment hearing last year, I wanted to add that your brother should also be prepared to explain WHY he reported things the way he did during those specific weeks. The judges really focus on intent - whether mistakes were honest errors vs. deliberate misrepresentation. During COVID, so many of us were confused about partial work reporting, especially with the constantly changing guidance. If he has any emails or screenshots from EDD's website showing confusing or contradictory instructions from that time period, bring those too. The pandemic created unprecedented situations that the system wasn't designed for, and most judges understand that. Wishing your brother the best of luck!

Just wanted to jump in as someone who's been through the EDD appeals process twice (once for disability, once for a UI issue). The timeline issue your brother is facing is unfortunately common, but definitely challengeable. Here are a few additional things that might help: 1) If he can get a postal receipt or any tracking info showing when the notice was actually delivered vs the deadline date, that's gold. 2) During the hearing, he should mention upfront that he's acting in good faith despite the procedural issues - judges appreciate that attitude. 3) For the COVID-era confusion, it really helps to be specific about which guidance he was following at the time. EDD changed their instructions multiple times in 2020, and if he can point to what version he was working with, that strengthens his case. The good news is that most ALJs I've encountered are reasonable people who understand that 2020 was chaos for everyone. Stay organized, stay calm, and focus on the facts. Rooting for him!

I went through something very similar with my EDD overpayment case from 2020! The late notice issue is frustrating but definitely fixable. Here's what worked for me: First, take photos of the envelope with the postmark date - this is crucial evidence. Second, call the Appeals office immediately tomorrow morning and explain the situation. They can sometimes note the issue in your file before the hearing. During the hearing, politely request a continuance right at the start due to inadequate notice time. If that's denied, focus on the "good faith" aspect - emphasize that your brother genuinely believed he was reporting correctly during that chaotic time when workplace closures were happening left and right. I also recommend having him prepare a simple one-page summary of his situation: dates his workplace closed, which Santa Clara County health orders affected him, and a timeline of his benefit claims. The judges are usually understanding about COVID-era confusion since the rules were changing constantly. Even if some evidence is technically late, most judges will still consider it if you explain the circumstances. Don't panic - you've got this!

I've been following this thread and wanted to add something that helped me during my EDD hearing last year. Beyond all the excellent advice already given, I'd suggest your brother practice explaining his situation out loud beforehand - maybe with you or a family member acting as the judge. During my hearing, I was so nervous that I stumbled over basic details about my case, even though I knew them perfectly well. Having rehearsed my key points ahead of time really would have helped. Also, if his workplace has any documentation about the closure (emails to employees, notices posted, etc.), those can be powerful evidence since they show it wasn't his choice to stop working. The fact that his entire San Jose office was shut down due to health orders is actually a really strong position - that's exactly the kind of situation the COVID UI extensions were designed for. Hang in there, the hearing process is stressful but most people I know who went through it came out okay, especially when they have legitimate documentation like your brother seems to have.

I just went through a similar EDD hearing situation a few months ago and wanted to share what really made a difference in my case. The most important thing your brother can do is stay organized and factual during the hearing - don't let emotions take over even though it's frustrating. I'd also recommend having him write down 3-4 key points he absolutely wants to make sure he covers, like: 1) The impossible timeline between receiving notice and evidence deadline, 2) His workplace being completely shut down by Santa Clara County health orders (with specific dates), 3) That he believed he was reporting correctly based on the guidance available at the time, and 4) Any documentation he has proving his good faith efforts to comply. One thing that really helped my case was being able to reference specific EDD guidance from that time period that was confusing or contradictory. If he can find any old emails or screenshots from 2020 showing the changing instructions, bring those. Also, don't underestimate how much judges appreciate when people are prepared and respectful - it goes a long way. The whole process is definitely stressful, but having a clear plan and staying focused on the facts will serve him well. Wishing you both the best of luck with Wednesday's hearing!

I've been lurking on this thread and had to jump in because I went through almost the exact same situation last year - COVID UI overpayment hearing with impossible evidence deadline timing. Here's what saved me: I faxed a letter to the Appeals office the morning of my hearing explaining the notice timing issue and requesting it be added to my case file. During the hearing, I politely but firmly requested a continuance at the very beginning, citing procedural due process concerns. The judge granted it and gave me 2 weeks to properly prepare. Even if your brother doesn't get the continuance, focus heavily on the "good cause" standard for COVID-era reporting. The judges have heard SO many of these cases and most understand that 2020 was unprecedented chaos. Have him emphasize that his entire workplace was closed by government order - that's not voluntary unemployment, that's exactly what the emergency UI programs were designed for. Also, even if evidence is technically late, submit it anyway with a cover letter explaining the circumstances. Most judges will still consider it, especially when there are legitimate procedural issues with notice timing. The key is being organized, respectful, and focusing on facts rather than emotions. This community's advice has been spot-on - your brother's got a solid case here!

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!