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I just went through this exact same situation 6 months ago and want to offer some hope - I successfully got my overpayment completely overturned! Here's what made the difference in my case: First, that "without fault" designation is actually HUGE in your favor. It means no penalties and you're eligible for a waiver if needed. Second, the fact that they're only questioning 2 months suggests this might be fixable with the right documentation. My game-changer was getting a simple one-page letter from my former manager on company letterhead (even though the business had closed, they still had access to letterhead). The letter stated: my hire date, layoff date, reason for layoff (business closure), and confirmed I didn't quit or get fired for misconduct. I also gathered: final pay stub showing "layoff", group text messages between coworkers about the closure, a newspaper article mentioning restaurant closures in our area during that time period, and my termination letter. The appeal hearing took about 45 minutes via phone. The judge was actually really fair and understood that the employer's initial report to EDD was probably just a clerical error. My entire $7,200 overpayment was dismissed. Don't let them intimidate you into just accepting this. File that appeal ASAP (within 30 days!) and start gathering any evidence of that restaurant closure. You can absolutely win this if you fight it properly. The system makes mistakes constantly - your job is to prove they made one here.
This is incredibly encouraging to hear! Thank you so much for sharing your successful experience - it gives me real hope that this can be resolved. The detail about getting a letter from your former manager even after the business closed is brilliant. I'm definitely going to try to track down my former manager for something similar. I love that you mentioned gathering group text messages - I actually have quite a few of those from when we were all scrambling after the closure announcement. And the idea about looking for newspaper articles is smart too - there were definitely stories about restaurant struggles in our area during that time period. The fact that your hearing was only 45 minutes and the judge was fair is really reassuring. I was imagining some intimidating legal proceeding, but it sounds much more manageable than I thought. Your point about this likely being a clerical error makes total sense - I was legitimately laid off and reported everything honestly, so there's probably just some miscommunication between my employer's initial report and reality. I'm filing my appeal today and starting to gather all the evidence you mentioned. Thank you for taking the time to give me such detailed, actionable advice. Stories like yours are exactly what I needed to hear right now!
I'm going through something very similar right now and wanted to add a few things that have helped me in my research. Since you mentioned this is about your "employment separation reason" being redetermined, I'd specifically recommend checking if your former employer filed anything with EDD recently that contradicted their original layoff report. Sometimes employers file corrected information months or years later, which can trigger these redeterminations. Also, if you can't track down your former manager, consider reaching out to your state labor department - they sometimes have records of mass layoffs or business closures that can serve as independent verification of what happened. In California, the WARN Act requires certain employers to report layoffs, so there might be official documentation of your restaurant's closure. One more tip: when you file your appeal, ask specifically for a phone hearing rather than in-person if given the option. From what I've heard from others, the judges tend to be more accommodating over the phone, and it's much less intimidating than going to an office. The fact that yours is marked "without fault" and only covers 2 months really suggests this is just a paperwork mixup that can be resolved. Don't let EDD intimidate you - they make errors constantly and count on people not fighting back. You've got this!
This is such valuable additional insight, thank you! The point about checking if my employer filed corrected information recently is really smart - that could definitely explain the timing of this redetermination. I hadn't thought about the possibility that they might have submitted something new that contradicted their original report. The tip about contacting the state labor department for WARN Act records is brilliant too. I had completely forgotten about those requirements, but you're right that there should be official documentation if our restaurant closure qualified as a mass layoff. That kind of independent verification would be incredibly powerful evidence. I really appreciate the advice about requesting a phone hearing - I was definitely nervous about the idea of an in-person proceeding, so knowing that phone hearings might actually be more favorable is a huge relief. Your encouragement means a lot. It's easy to feel intimidated by EDD, but you're absolutely right that they make errors and often count on people not fighting back. I'm feeling much more confident about standing up for myself now. Thanks for adding these specific, actionable tips to my growing game plan!
I just had my RESEA appointment two weeks ago and was in almost the exact same situation as you! I'd only been unemployed for about 5 weeks when I got selected, and I already had multiple interviews scheduled including one final round interview. I was really frustrated at first thinking "why are they making me do this when I'm clearly already being proactive?" But honestly, the appointment was way less stressful than I built it up to be in my head. Here's what helped me get through it smoothly: - I organized all my job applications into a simple spreadsheet (company name, position, date applied, current status) - Had my resume ready as a PDF to share on Zoom if they asked - Prepared a brief summary of my job search approach and timeline The representative was actually really positive when I explained my active interviews. She said it's refreshing to see people who are already taking initiative rather than waiting to be told what to do. We spent about 40 minutes going through my application tracking and she gave me some additional job board resources I hadn't tried yet. One thing I wasn't prepared for - they asked about my salary expectations and whether I'd be open to temporary positions while waiting to hear back from my top choice interviews. Just something to think about ahead of time. Since you already have 3 interviews going including that second round, you're in a really strong position! The fact that you're actively interviewing will definitely work in your favor. Just bring your documentation and be honest about your progress - they genuinely want to see you succeed and get back to work quickly. Don't stress too much about it. With your current interview activity, this will probably be one of the easier appointments they have to conduct!
This is so helpful to hear from someone who was in almost exactly my situation! I've been really anxious about this appointment but your experience makes it sound much more manageable than I expected. I love the spreadsheet idea - I've been keeping track of my applications but not in such an organized way. The questions about salary expectations and temporary work are great to know about ahead of time. It's such a relief to hear that when you're already actively interviewing like I am, they actually see it as a positive thing rather than something to be suspicious about. Your reassurance that it will probably be one of their easier appointments really helps calm my nerves. Thanks so much for taking the time to share your experience - it definitely makes me feel more confident going into my appointment next week!
I had my RESEA appointment about a month ago when I was in a really similar situation - only been unemployed for about 4 weeks but already had 2 interviews lined up! I was honestly pretty annoyed at first because I felt like I was already doing everything right and didn't need their help. But the appointment actually went really well. The representative was super encouraging when I told her about my active interviews and said it makes her job so much easier when people are already being proactive. The whole thing took about 45 minutes and felt more like a friendly check-in than some kind of test. Here's what I brought that made it go smoothly: - A simple list of all my job applications with company names, positions, dates applied, and current status - My updated resume saved as a PDF ready to share if needed - Notes about what types of roles I was targeting and my general timeline One thing I wasn't expecting - she asked about my commute preferences and whether I'd be open to contract work while waiting to hear back from my top choice interviews. Nothing too intense though! Since you already have 3 interviews going including a second round, you're in an even better position than I was. They really just want to see that you're actively looking for work, which you obviously are. Don't stress about it too much - with your current interview activity, this should be pretty straightforward! Good luck with those interviews! Sounds like you'll probably be back to work soon anyway.
I'm in a really similar situation and this thread has been incredibly helpful! My benefits just exhausted yesterday and I was panicking about potentially waiting until my benefit year ends in October - that would be a 6+ month gap that I honestly can't afford. I worked part-time doing freelance graphic design during my benefit year and earned about $4,600 total. From reading everyone's experiences here, it sounds like the critical factor is whether I hit that $1,300 threshold in any single quarter. Most of my freelance work was concentrated in two big projects, so I'm hoping the timing works out in my favor. The consistent recommendations for using Claimyr to actually reach a human at EDD and asking specifically about "lag quarter" wages seem like the key to success. I've been dreading calling EDD directly after hearing so many horror stories about their phone system, but seeing multiple people here get through with good results gives me confidence to try. It's honestly such a relief to find this community and realize I'm not alone in this confusing situation! The EDD website is completely useless for explaining these exception rules, but hearing from people who've actually navigated the process successfully makes all the difference. Planning to organize all my invoices by quarter this weekend and call first thing Monday using Claimyr. Really hoping my freelance earnings were distributed in a way that qualifies me for the exception. Thanks to everyone who's shared their experiences - you've given those of us just starting this process so much hope! 🙏
@Adrian Hughes Your freelance graphic design situation sounds really promising! $4,600 from two big projects means there s'a good chance you concentrated enough earnings in specific quarters to hit that $1,300 threshold. Freelance work is actually great for this since payments often come in larger chunks rather than spread out evenly. I just joined this community after finding this thread during my own desperate search for answers about exhausted benefits. It s'amazing how much clearer everything becomes when you hear from real people who ve'been through this instead of trying to decode EDD s'unhelpful website! The strategy everyone keeps mentioning seems solid: organize your invoices/payments by quarter, use Claimyr to actually reach someone at EDD, and ask specifically about lag "quarter wages." That last part seems to be the key phrase that gets reps to look at the right information. A 6+ month wait until October would be devastating for anyone, but based on all the success stories here, you ve'got a really good shot at qualifying for the exception if your freelance payments were timed right. The fact that you had two big projects makes it even more likely the earnings were concentrated enough. Good luck with your Monday call! This thread has been such a lifeline for understanding this process. Definitely update us on what you find out - your freelance experience could help other creative professionals in similar situations! 🤞
I'm in almost the exact same situation and this thread has been a total lifesaver! Just exhausted my benefits this week and was absolutely panicking about potentially waiting until my benefit year ends in January - that would be an 8+ month gap that would financially destroy me. I worked seasonal retail and some gig work during my benefit year and earned around $5,900 total. Reading through all these detailed responses, it sounds like the key is whether I earned over $1,300 in any single quarter. I'm pretty sure most of my retail earnings were concentrated during the holiday quarter, so I'm cautiously optimistic! The consistent advice about using Claimyr to bypass EDD's impossible phone system and asking specifically about "lag quarter" wages seems to be the winning formula. I've been putting off calling because I know how brutal it is to reach anyone there, but seeing so many success stories here gives me the confidence to actually try. This community has been incredible for understanding rules that EDD makes unnecessarily confusing. It's such a relief to know I'm not alone in this stressful situation and that there might actually be a path forward before waiting the full benefit year! Planning to organize all my pay stubs and 1099s by quarter this weekend and call first thing Monday morning using Claimyr. Really hoping my seasonal work timing puts me over that threshold. Thanks to everyone who's shared their real experiences - you've given those of us just starting this process so much hope! 🙏
Just a tip for anyone using Claimyr or finally getting through to EDD some other way - make sure you have all your claim info ready! Nothing worse than finally getting an agent and then scrambling for your paperwork or not being able to answer their security questions. Have your claim number, last employer info, and dates of employment handy.
Excellent advice. I'd also recommend having a list of specific questions or issues you need resolved. EDD representatives can handle multiple issues in one call, but you need to be clear about what needs fixing. Also note the representative's ID number and the date/time of your call for future reference.
As someone who's been through the EDD nightmare multiple times, I can confirm Claimyr is legit and works exactly as advertised. Used it twice last year when my claim got stuck in "pending" limbo. The first time I was hesitant about paying, but after wasting literally 40+ hours over two weeks trying to get through on my own, I realized my time was worth way more than their fee. Both times I got connected to actual EDD reps within a few hours, and they were able to resolve issues that had been dragging on for weeks. Pro tip: have your SSN, claim confirmation number, and employer info ready when they call you back. The reps can usually handle multiple issues in one call if you come prepared!
This is really helpful to hear from someone who's used it multiple times! I'm definitely going to try Claimyr after reading all these success stories. Quick question - do you remember roughly how much the fee was? I'm budgeting to make sure I have enough to cover it. Also, when they call you back, is it a conference call with you and the EDD rep, or do they just connect you directly?
StarGazer101
I'm dealing with this same nightmare right now and honestly, reading through everyone's experiences has been both reassuring and frustrating. It's crazy how many of us are going through this exact same situation with EDD! I've been trying the fraud hotline for three days straight with zero success - just busy signals and disconnections. Based on what everyone's shared here, it sounds like I need to completely abandon that approach and go straight to: 1. Police report (doing this today) 2. Email identitytheft@edd.ca.gov 3. Contact my assembly member's office ASAP @James Maki - thank you for mentioning that specific email address! I had no idea it existed and was just getting lost in the general EDD website maze. @Dana Doyle @Zachary Hughes - the assembly member tip seems to be the real game-changer here. I'm looking up my representative right now. The tax implications are what's keeping me up at night. I'm terrified of getting hit with a 1099-G for benefits I never received. Going to file Form 14039 with the IRS preemptively based on @Miguel Ramos's advice. It's absolutely ridiculous that we have to become experts in navigating broken government systems just because criminals stole our identities, but I'm grateful for everyone sharing what actually works vs. what we're "supposed" to do. Time to skip the front door and go straight to the people who can actually help!
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Megan D'Acosta
•I'm so glad this thread has been helpful for you! It really is shocking how widespread this problem has become and how completely inadequate EDD's response system is. You're absolutely making the right call to abandon the fraud hotline - I wasted so much time on that dead end. One thing I'd add to your plan - when you contact your assembly member's office, ask specifically for their "EDD liaison" or "constituent services coordinator who handles EDD issues." They deal with these cases constantly and will know exactly what to do. Also, keep a detailed log of every step you take with timestamps - it really helps when you're explaining the situation to different agencies. The proactive Form 14039 filing is smart! I wish I had thought of that earlier. Also consider requesting your Social Security earnings record online to see if any fraudulent wages are already showing up there too. Stay strong - with the roadmap everyone has shared here, you should be able to get this resolved much faster than those of us who had to figure it out through trial and error. The assembly member route really is the key that unlocks everything else. You've got this!
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Carmen Lopez
I'm dealing with this exact same situation right now and this thread has been incredibly helpful! Just discovered someone filed unemployment claims using my identity last week and I've been in complete panic mode. Like everyone else, I tried calling the fraud hotline multiple times and it's absolutely useless - either busy signals or they hang up on you. Based on all the advice shared here, I'm abandoning that approach completely and going straight to: 1. Filing a police report today to get a case number 2. Emailing identitytheft@edd.ca.gov with all details 3. Contacting my state assembly member's office immediately The assembly member route seems to be the real secret weapon that everyone discovers too late. I had no idea they had dedicated EDD liaisons who could actually cut through the bureaucracy. I'm also really concerned about the tax implications since multiple people mentioned receiving 1099-G forms for benefits they never got. Going to file Form 14039 with the IRS preemptively and put fraud alerts on all my credit reports today. It's absolutely insane that we have to become experts in navigating broken government systems just because criminals stole our information, but I'm so grateful everyone shared what actually works instead of the official channels that clearly don't. This community has probably saved me months of frustration! Has anyone had success with getting EDD to send written confirmation once the fraudulent claim is closed? I want to make sure I have documentation that this was resolved properly.
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StarSailor}
•You're absolutely right about getting written confirmation - that's a crucial step that I almost forgot about! When my case was finally resolved through my assembly member's office, I specifically requested written confirmation from EDD that the fraudulent claim had been terminated and that no benefits were actually paid out. It took about a week after the verbal confirmation, but they did send me an official letter stating that the claim was closed due to identity theft. Keep that document with all your other paperwork because you'll likely need it for tax purposes and as proof that you reported the fraud promptly. Also, don't be surprised if you get one more piece of mail from EDD even after it's "resolved" - sometimes there's a lag in their system and you might get a final notice about the closed claim. Just keep it with your documentation. The assembly member route really is the game-changer here. I wish more people knew about it from the start instead of wasting months trying to navigate EDD's broken channels. You've got a solid plan and should be able to get this resolved much faster than the rest of us did. Stay persistent and document everything!
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