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EDD PFL overpayment notice blaming me despite agent admitting base rate error - Appeal advice?

Just got slapped with an overpayment notice from EDD claiming I was overpaid during my baby bonding PFL in 2022. The notice says the overpayment was 'my fault' and I owe $2,740! Here's the crazy part - I have detailed notes from March 2023 when I spoke with an EDD representative (got her name and ID#) who specifically told me there was a calculation error on THEIR end with my base period wage input. She even said it was their mistake! The confirmation letter I received about payment arrangements also indicated the error originated with EDD. I'm so frustrated because I budgeted carefully during my leave and now they're trying to blame me for their mistake three years later. Should I appeal this? I believe they record all calls, so there should be evidence that their rep admitted it was their error. Has anyone successfully fought an 'at fault' determination? The appeal deadline is in 2 weeks so I need to decide quickly.

Tony Brooks

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Absolutely appeal this! I went through something similar last year with a $1,900 overpayment notice for my maternity leave benefits. When EDD makes the error but tries to classify it as claimant fault, they can charge interest and penalties - it's totally worth fighting. Make sure you include in your appeal letter: 1. Dates/times of previous calls with representative names 2. Reference to the payment arrangement letter that admits their error 3. Request that they pull the recorded call from 2023 4. Ask for a "no fault" reclassification at minimum Even if you ultimately have to repay, getting it changed to "no fault" means no penalties and you might qualify for a waiver if it causes financial hardship. Submit your appeal online through your EDD account AND mail a paper copy to the address on your notice.

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Jade Lopez

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Thank you so much for this detailed response! I didn't even think about the no-fault classification being an option. The potential interest and penalties on top of the overpayment amount would be devastating. I'll definitely include all those points in my appeal letter. Did you have to attend a hearing for your appeal or was it handled through documentation?

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my frend had this happen 2 her and she just paid it becuz EDD never admits fault even if u appeal. save urself the headache lol

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Jade Lopez

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Really? That's discouraging... Did she try appealing first or just gave up right away? I'm worried about the precedent if I just pay - like I'm admitting it was my fault when it definitely wasn't.

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Yara Campbell

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Former EDD employee here. You should 100% appeal this. The fact that you have documented the previous conversations including the representative's admission that it was their error with the base period calculation is extremely valuable. Appeals for PFL overpayments have a fairly good success rate when there's clear evidence of administrative error. One important thing to note - when filing your appeal, specifically request they review the call recording from your March 2023 conversation. Include the exact date, approximate time, and the representative's name/ID in your appeal paperwork. Also submit a copy of that payment arrangement letter that indicates it was their error. If the initial appeal is denied, you can request a hearing with an Administrative Law Judge who has the authority to overturn the determination. Don't get discouraged by the initial response - the appeals board is separate from regular EDD operations and can be more objective.

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Jade Lopez

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Thank you for this insider perspective! It's really helpful to know that appeals can succeed with good documentation. I'll definitely request the call recording review and include all the details you suggested. If it goes to a hearing, would you recommend having a lawyer, or can I handle it myself?

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Isaac Wright

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I tried calling EDD for 3 WEEKS straight about my overpayment notice and couldn't get through to anyone!!! They expect us to resolve these issues but make it IMPOSSIBLE to talk to a human being. The system is designed to frustrate us into giving up. I FINALLY got through using Claimyr (claimyr.com) - they connected me to an EDD agent in under 20 minutes when I'd been trying for days. They have a video demo at https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 showing how it works. Worth checking out if you need to talk to someone at EDD before your appeal deadline to get more info about your specific case. My overpayment was reduced by $850 after I finally got to explain my situation to a supervisor!

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Maya Diaz

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does this Claimyr thingy actually work? ive tried calling EDD so many times and always get disconnected after waiting forever

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Tami Morgan

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This happened to me too! The worst part is that I KNEW something was wrong when my weekly benefit amount seemed higher than it should have been based on my calculations. I called three times during my baby bonding leave to verify the amount was correct and was told YES each time. Then 18 months later I got an overpayment notice saying I should have known better! I appealed and lost initially but won at the ALJ hearing because I had documentation of my calls asking them to verify the amount. The judge agreed I had done my due diligence. DOCUMENT EVERYTHING. Good luck!!!

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Jade Lopez

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This is so similar to my situation! I also thought my benefit seemed a bit high and called to confirm, and they assured me it was correct. That's when the rep explained about the base period calculation. I'm so glad you won your appeal! How long did the whole process take from initial appeal to ALJ hearing?

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Rami Samuels

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Make sure u kno that appeals need 2 be filed within 30 days of the notice date not when u got it in the mail!!! And if u appeal it stops collections until they decide

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Jade Lopez

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Thank you for the reminder! The letter is dated February 14 so that gives me until March 16. Good to know it pauses collections during the appeal process.

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Maya Diaz

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i dunno y everyone is saying appeal. my cousin works at EDD and says they almost never reverse these decisions and u just waste time. if it was their mistake maybe they'll waive the penalty but youll still have to pay the overpayment amount back anyway

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Tony Brooks

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This is simply not accurate. While it's true that you often still need to repay the overpayment, getting it classified as "no fault" makes a HUGE difference - no penalties, no interest, and possibility of a waiver if it causes financial hardship. Also, appeals absolutely DO succeed when there's clear evidence of administrative error, especially with documented proof like OP has. Please don't discourage people from exercising their right to appeal!

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Yara Campbell

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One more tip - when filing your appeal, be very specific about the remedy you're seeking. Are you disputing the entire overpayment amount, or just the "at fault" classification? If you have proof they made the calculation error, you might be able to get the whole thing dismissed, but at minimum you should be able to get a "no fault" determination which protects you from penalties and interest.

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Jade Lopez

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That's really helpful! I honestly hadn't thought about what specific remedy to request. I think I'll primarily argue for complete dismissal since it was their calculation error, but alternatively request the no-fault classification if full dismissal isn't granted. I'll make sure to clearly state both in my appeal.

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