Will EDD take my SDI benefits to pay off old UI false statement penalty from Covid era?
I've got a complicated situation with both UI and SDI claims that's making me super stressed. Back during Covid, apparently there was some issue with a 'false statement' on my UI claim, but I never received ANY notification about the amount owed or penalties. Fast forward to now - I recently separated from my job (mutual agreement, employer won't contest UI). So I filed for unemployment and got scheduled for a phone interview. But then my health took a turn, and my doctor said I can't work right now and filled out SDI paperwork (she only does this by mail). While waiting for that to process, I kept certifying for UI as instructed. Here's where it gets messy: 1) I couldn't reach anyone at EDD to explain this timeline 2) During my UI phone interview, the rep told me to contact SDI since he couldn't see my disability claim (probably still being processed by mail) 3) The interview only covered why I left my employer - nothing about the old false statement penalty 4) My UI claim history shows NO benefits paid because of those old penalties from Covid. I have another interview this week and I'm panicking - will EDD take my SDI benefits to cover that old UI penalty? Can they even do that? I desperately need the disability money for medical expenses.
24 comments


Klaus Schmidt
Yes, unfortunately EDD can and often does cross-apply penalty amounts between different benefit types. Since UI and SDI are both administered by EDD, they have the authority to collect overpayments or penalty assessments from any benefits you're eligible for. It's actually in the fine print when you apply. If they determined you made a false statement during Covid, those penalties can follow you for years until paid off.
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Esmeralda Gómez
•That's terrible news! Do you know if there's any way to appeal this? I never even received notification about the false statement, so I had no idea how much I supposedly owe or what it was for!
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Aisha Patel
they did this to my brother in law!!! they took his disability to pay for some UI overpayment from like 2 yrs ago. he was FURIOUS cause he needed that money for rent. the whole system is rigged against regular people imo
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LilMama23
•While I understand the frustration, it's important to note that EDD has specific rules about when they can and cannot offset benefits. For penalties due to false statements (as opposed to simple overpayments), they typically don't offer payment plans and can withhold up to 100% of benefits until the penalty is satisfied. However, the OP might be able to request a waiver or appeal if they truly never received notification.
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Dmitri Volkov
Getting through to EDD about this will be absolutely critical. You need to understand exactly what the false statement penalty is for and the amount before you can address it properly. I spent WEEKS trying to get someone on the phone when I had a similar issue with penalties from a UI claim affecting my SDI. Finally I discovered Claimyr (claimyr.com) which got me connected to an EDD agent in under 25 minutes. They have a video demo that shows how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd - saved me hours of redial hell. The agent I spoke with was able to explain the penalty, review my case, and even helped me submit an appeal since I never received proper notification of the original issue.
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Esmeralda Gómez
•I've never heard of this service before. Does it really work? I'm desperate to talk to someone who can actually explain what's happening with my claims.
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Gabrielle Dubois
wait so u were certifying for UI when u were actually sick?? thats probably where the false statement came from. ur supposed to be able & available for work on UI but if ur doctor said u cant work then u shouldnt be on UI. thats why theres SDI
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Esmeralda Gómez
•No no, I think you misunderstood. The false statement thing is from during Covid (like 2020-2021). The recent situation is that I applied for UI, THEN got sick after filing, and my doctor did the SDI paperwork. I was just following the instructions to keep certifying while waiting for my UI phone interview.
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LilMama23
To directly answer your question: Yes, EDD can take your SDI benefits to pay off a penalty assessment from UI. However, there are several things you should do immediately: 1. Request a detailed statement of your penalty assessment (amount, cause, date) 2. File an appeal if you never received proper notification (use DE 1000M form) 3. Clarify with EDD that your current situation involves transitioning from UI to SDI due to medical issues 4. Make sure your doctor submitted the DE 2501 form correctly 5. If your SDI claim is approved but benefits are being withheld, request a penalty reduction due to financial hardship During your interview this week, explicitly ask about the penalty assessment and request documentation. Document everything, including the name of representatives you speak with.
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Tyrone Johnson
•This is excellent advice. I'd add that when filing the appeal (if you go that route), you should specifically mention that you never received notification of the original determination. Under EDD regulations, they must provide written notice of determinations that result in penalties, including appeal rights information. If they can't prove they sent this, you may have grounds for dismissal of the penalty.
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Ingrid Larsson
I HAD THE EXACT SAME THING HAPPEN!!!! EDD is a NIGHTMARE!!! They took ALL my disability money to pay for some stupid mistake from 2 years ago that wasn't even my fault!!! I couldn't pay my rent and almost got EVICTED!!! The system is BROKEN and they DON'T CARE about us!!!
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Esmeralda Gómez
•Oh no, this is making me panic even more. Did you ever manage to get any of your SDI benefits? I literally can't afford my medication without that money coming through.
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Tyrone Johnson
There's actually an important distinction here that might help you. There are two types of deductions EDD can make: 1. Overpayment recovery - which typically allows for installment plans and partial withholding 2. False statement penalties - which can result in full withholding of benefits You mentioned two separate issues: a Covid-era "false statement" problem and your current UI/SDI situation. These are most likely being treated differently in their system. During your upcoming interview, specifically ask: - Is there a penalty assessment or just an overpayment? - What is the total amount owed? - What options are available for payment plans? - How to formally appeal the assessment if you never received notification? Also, if your medical condition is serious, you may qualify for a financial hardship exemption that could reduce or eliminate the penalty. But you need to formally request this.
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Esmeralda Gómez
•Thank you for explaining the difference! I'm still not clear on what the original "false statement" even was. Is there a way to find out online, or do I have to talk to someone? I've tried logging into UI Online but it just shows my claim is disqualified without explanation.
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Carlos Mendoza
sdi and ui are different departments they cant take your money from one for the other that doesnt even make sense
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Klaus Schmidt
•Actually, that's incorrect. While SDI and UI are different programs, they're both administered by EDD, and the department absolutely can and does cross-apply penalties between programs. They're all considered EDD benefits, and California law allows for collection of penalties from any EDD benefits you're eligible to receive.
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Dmitri Volkov
After that phone interview this week, you should also request an official Statement of Account from EDD. This will show exactly what they believe you owe and why. If you truly never received notification about this false statement issue, you should also file a Request for Information which is your right under California law. Based on my experience, keep detailed notes of every contact with EDD - date, time, representative name, and what was discussed. This documentation will be crucial if you need to appeal.
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Esmeralda Gómez
•This is really helpful advice. Where do I find these forms? Are they on the EDD website or do I need to request them specifically?
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LilMama23
One more important point: if you're transitioning from UI to SDI, you should have stopped certifying for UI as soon as your doctor determined you weren't able to work. When you certify for UI, you're declaring you're able and available for work - which contradicts what's needed for SDI eligibility. This might be creating additional confusion in your claim. For your upcoming interview, make sure you clearly explain the timeline: when you filed UI, when your doctor determined you couldn't work, and when you started the SDI application process. This clarity might help prevent further complications.
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Esmeralda Gómez
•You're right - I should have stopped certifying for UI. I was just following what the automated system was telling me to do, but I see now how that could look like I was trying to double-dip or something. I'll definitely clarify the timeline in my interview. Thank you!
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Ellie Kim
I'm going through something similar right now and wanted to share what I've learned. EDD absolutely CAN take your SDI benefits to pay off UI penalties - it happened to my cousin last year. The key thing is getting proper documentation of what you actually owe and why. Since you never received notification about the false statement penalty, you have strong grounds for an appeal. I'd recommend calling EDD before your interview this week to get clarity on the penalty amount and ask them to mail you a detailed breakdown. Also, make sure to mention during your interview that you never received any written notice about the false statement issue - they're required by law to provide proper notification before assessing penalties. Don't give up hope - there are options available, but you need to be proactive about requesting the right paperwork and understanding your appeal rights.
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StarSeeker
•Thank you so much for sharing your experience! It's reassuring to know I'm not the only one dealing with this mess. I'm definitely going to ask for that detailed breakdown during my interview. Do you happen to know what specific form I should request for the penalty documentation? Also, when your cousin appealed, did they end up getting any relief or did EDD still take the full amount from their SDI? I'm trying to prepare myself for the worst case scenario but hoping there's still a chance to work something out.
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Hazel Garcia
I'm so sorry you're going through this - the stress of dealing with EDD while also managing health issues is absolutely overwhelming. From what I've read in these responses, it sounds like you have several potential avenues to explore. The most important thing right now is getting that detailed breakdown of what exactly you owe and why. When you have your interview this week, definitely emphasize that you never received any notification about the false statement penalty - this could be key to getting it dismissed or reduced. Also, don't forget to ask about financial hardship exemptions since you mentioned needing the SDI money for medical expenses. I've heard these can sometimes reduce or eliminate penalties, especially when there are serious health issues involved. Document everything from your interview and keep pushing for answers. The system is frustrating but there are people here who've navigated similar situations successfully. Hang in there!
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Tyrone Hill
•This is such helpful advice, thank you! I'm feeling a bit more hopeful knowing there might be options like hardship exemptions. I'm definitely going to document everything during my interview this week and push for that detailed breakdown. It's comforting to know I'm not alone in dealing with EDD's confusing system. I'll make sure to emphasize that I never got any notification about the original penalty - hopefully that will help my case. Really appreciate everyone sharing their experiences and advice here!
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