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!