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This thread is exactly what I needed to find! I certified yesterday morning and have been refreshing my account every hour like a maniac. It's my second time on unemployment (first was back in 2018) and I forgot how nerve-wracking the waiting period is, especially when you're cutting it close with bills. Really appreciate everyone sharing their real timelines instead of the vague "allow 2-3 business days" that EDD gives you. The federal holiday info was particularly helpful - I had no idea that would add extra delay. Fingers crossed mine hits tomorrow or Friday!
I totally feel you on the refreshing every hour thing! I did the same when I was waiting for my first payment. The waiting is honestly the worst part, especially when you're stressed about money. Based on what everyone shared here, it sounds like you should definitely see it by Friday at the latest. The good news is once you get into the rhythm of the certification cycle, you'll have a better sense of the timing. Hang in there - the payment will come through!
Just wanted to share my recent experience for anyone still following this thread. I certified this past Sunday at around 11am and my status changed to "paid" within a few hours. Since there were no holidays this week, my direct deposit hit Tuesday night around 10:30pm - so about 60 hours total from certification to money in account. For those asking about Bank of America specifically, they seem to process EDD deposits pretty quickly compared to some other banks I've used. One tip that helped me manage the stress: I set up account alerts so I get a text when any deposit hits, rather than constantly checking my balance. Makes the whole process way less anxiety-inducing!
I'm dealing with a very similar situation right now and your post gives me hope that I'm not alone in this fight. BofA denied my EDD fraud claim even though I had clear evidence of identity theft, including a police report and FTC affidavit just like you. What really resonates with me is how they give different excuses every time you call - it's like they're just throwing out random reasons hoping you'll give up. In my case, they first said the transactions looked "normal" (despite me never activating the card), then claimed I waited too long to report it, then said my documentation was insufficient. I'm taking notes on all the advice in this thread, especially about the CFPB complaint and citing Regulation E. The point about requesting their investigation results is brilliant - I never knew we had that right. Have you made any progress since filing your initial claims? I'm curious if the appeal process has moved forward at all or if you're still stuck in the same loop with their customer service. Stay strong - from everything I'm reading here, it sounds like persistence really does pay off with these cases, even though BofA makes it as difficult as possible.
I'm so glad this thread is helping you too! It's incredibly frustrating how they cycle through different excuses - it really does feel like they're just hoping we'll give up. I haven't made much progress yet with the appeals, but reading everyone's advice here has given me a much clearer strategy moving forward. The CFPB complaint route seems to be the most promising based on what others have shared. I'm planning to file mine this weekend and include all the Regulation E points about the discovery rule, plus my employment timeline evidence to show I had no need for EDD benefits when the fraud occurred. What really struck me from your comment is how similar our situations are - the "transactions looked normal" excuse is particularly insulting when we never even activated the cards! It shows they're not actually investigating these cases properly. I'll definitely update this thread if I make any breakthrough with the CFPB complaint or other strategies people have suggested. Please keep us posted on your progress too - the more we share our experiences, the better we can help others in similar situations. We shouldn't have to fight this hard to get our stolen money back, but at least we're not fighting alone!
This whole situation is absolutely infuriating and unfortunately way too common. I've been helping people navigate EDD/BofA fraud issues for the past two years, and your case hits all the classic red flags of their broken system. Here's what's really important that I haven't seen mentioned yet: BofA has an internal escalation process called a "second level review" that most reps won't tell you about. When you file your CFPB complaint (which you absolutely should), also demand a second level review of all denied claims. Use those exact words. Also, since you never received the cards, this technically falls under "card not received" fraud, which has different protections than regular unauthorized transaction fraud. BofA should have issued you replacement cards immediately when you first contacted them about never receiving the originals, regardless of when the fraud occurred. One more critical point: California has additional consumer protections beyond federal regulations. Contact the California Department of Financial Protection and Innovation (DFPI) in addition to the CFPB. They've been cracking down on BofA's EDD practices specifically. Don't let them gaslight you about time limits - the clock doesn't start ticking until you had reasonable opportunity to discover the fraud, which clearly wasn't possible for cards you never received. Keep fighting!
This is incredibly helpful information! I had no idea about the "second level review" process or that "card not received" fraud has different protections. That makes total sense - how can they apply normal fraud timelines to cards I literally never had in my possession? I'm definitely going to contact the California DFPI as well as file the CFPB complaint. It's encouraging to know that California has been specifically looking into BofA's EDD practices. When I demand the second level review, should I do that through the same certified mail addresses that were mentioned earlier in this thread, or is there a specific department I should contact for escalated reviews? Also, you're absolutely right about the replacement cards - when I first contacted them about never receiving the original cards, they should have immediately issued replacements and investigated how the originals were used without my knowledge. Instead, they acted like it was my fault for not reporting sooner. Thank you for taking the time to share this expertise. It gives me so much more confidence that there are actual procedures and protections that apply to my situation, even though BofA keeps trying to make me feel like I have no recourse.
I'm a new member here but I've been lurking and reading about all these EDD horror stories. Your situation sounds incredibly frustrating and honestly illegal - how can they tell you one thing (that you're done after penalty weeks) and then do something completely different? I wanted to add that if you're dealing with apprenticeship/training pay reporting issues, you might want to contact your training program coordinator too. Sometimes they can provide documentation or clarification letters that help with EDD appeals. Many apprenticeship programs have dealt with this exact reporting confusion before and know how to word things in a way EDD understands. Also, I've heard from friends that when you call EDD, it sometimes helps to say you're calling about "overpayment recovery options" rather than just general questions - apparently it routes you to specialists faster. Not sure if that's true but might be worth trying. This whole system is designed to exhaust people into giving up, but you've gotten so much good advice in this thread. Don't let them steal benefits you've earned and are entitled to receive. Keep fighting!
Welcome to the community! You're absolutely right that this feels illegal - the lack of clear communication from EDD is beyond frustrating. That's a great point about contacting the apprenticeship program coordinator. I'm definitely going to reach out to them tomorrow to see if they can provide some kind of documentation about the pay timing issue. It would be amazing if they've dealt with this before and know exactly what EDD needs to see. And thank you for the tip about saying "overpayment recovery options" when calling - I'll try that approach. At this point I'm willing to try anything that might get me to the right person faster. It's so maddening that we have to learn all these little "hacks" just to navigate a system that should be straightforward and helpful. I really appreciate you taking the time to offer advice even as a new member. This community has been such a lifeline during what feels like the most stressful situation I've ever dealt with. You're right that I won't give up - after everything I've been through, I'm not letting them win now!
I just wanted to jump in and say that reading through this entire thread has been both heartbreaking and inspiring. @Paolo, your situation perfectly illustrates how broken and cruel the EDD system has become - serving penalty weeks should mean you've paid your debt to society, not that you still owe thousands of dollars on top of that punishment. What really strikes me is how much collective knowledge this community has developed just to survive EDD's bureaucratic maze. The fact that we need to know about Tier 2 specialists, confirmation numbers, specific forms like DE 1446H, emergency hardship reviews, and even phone call timing strategies just shows how deliberately obtuse this system is. To everyone sharing advice here - thank you for turning your painful experiences into help for others. And Paolo, please keep us updated on how the emergency hardship review goes and whether you're able to get through to someone who can actually help. You've already shown incredible resilience getting through 10 weeks without benefits. Don't let them wear you down now when you're so close to getting some relief. The apprenticeship angle sounds particularly promising since there are often special provisions for training-related income reporting. Definitely pursue that documentation from your program coordinator. Sometimes one properly worded letter from an official source can cut through months of EDD confusion.
I went through this exact same situation last year and it's incredibly frustrating! The good news is that your case sounds very straightforward for an appeal - $57K in W-2 wages versus $9.4K in 1099 income clearly shows you were primarily an employee, not self-employed. A few additional tips that helped me: When you file your DE 1000M appeal form, include a cover letter that explicitly states "I am appealing the determination that I am self-employed. My primary income was from W-2 employment." Also, if you have your final pay stub from the marketing agency, that's golden evidence showing your regular employee status right up until your layoff. One thing that really helped my case was including a brief timeline showing when I worked at my regular job versus when I did freelance work. It made it crystal clear to the hearing officer that the freelance work was supplemental income, not my primary occupation. Stay strong - with your income breakdown, you should definitely win this appeal!
This is really helpful, thank you! I never thought about creating a timeline - that's a great idea to show the clear distinction between my regular employment and the freelance work. Did you have to wait long for your hearing after filing the appeal? I'm worried about how long this whole process might take while I'm still unemployed.
I'm dealing with something very similar right now! I was a full-time teacher for 2 years and also tutored students on weekends (1099 income). Got laid off in February and EDD immediately flagged me as "self-employed" even though tutoring was maybe 15% of my total income. What's really helped me so far is being super organized with my documentation. I created a simple spreadsheet showing month-by-month income from my teaching job vs tutoring, and it makes the income disparity really obvious. Also, if you still have access to your work email or any HR communications about your layoff, save those - they help prove you were a legitimate employee who got terminated. The frustrating part is that this seems to be happening to a lot of people with any side income at all. It's like their system automatically assumes any 1099 makes you self-employed. Definitely file that appeal ASAP and don't let them discourage you - your income numbers clearly show you were primarily an employee!
Nia Harris
I'm so sorry your cousin is going through this nightmare. I dealt with penalty weeks myself in 2023 and it was absolutely devastating financially. The misinformation from EDD reps is unfortunately very common - they seem to either not understand the penalty week system or just tell people what they think they want to hear. From my experience, here's what helped me survive the penalty weeks: 1. Apply for every assistance program possible - not just CalFresh but also utility assistance (LIHEAP), rental assistance through your county, and food banks 2. Look into gig work like DoorDash, Uber, or TaskRabbit for immediate income while still job searching 3. Contact local churches and community organizations - many have emergency funds for people in crisis 4. Check if her county has a 211 helpline (dial 2-1-1) for comprehensive resource information The penalty weeks are brutal but they do end eventually. I had to serve 8 weeks and it nearly broke me financially, but I got through it. Make sure she keeps detailed records of everything and continues certifying religiously. Once those penalty weeks are done, her payments should start automatically. Stay strong and don't let EDD's incompetence destroy your hope. There are resources out there to help bridge the gap.
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Esmeralda Gómez
•Thank you so much for sharing your experience and all these practical suggestions! It really helps to hear from someone who actually made it through penalty weeks successfully. I hadn't thought about gig work as an option - that could provide some immediate income while she continues her job search and serves out the penalty weeks. The 211 helpline tip is especially valuable since it seems like there might be local resources we haven't discovered yet. I'll definitely help her look into utility assistance and rental programs in her county. Your message gives me hope that we can get through this, even though it feels overwhelming right now. Thank you for taking the time to help!
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Zane Hernandez
I'm so sorry your cousin is dealing with this - the misinformation from EDD reps about penalty weeks is unfortunately very common and causes so much unnecessary stress and financial planning issues. From everything I've seen and experienced, penalty weeks must be served in FULL - there's no cap or shortcut like that rep told her. If she had 9 remaining weeks, she'll likely need to serve all 9, not just 2 more. Here's what I'd suggest for immediate next steps: 1. Log into UI Online and check her Claim History to see exactly how many penalty weeks have been served vs. remaining 2. Send a message through UI Online asking for written confirmation of her exact penalty week count and expected benefit start date 3. Keep certifying every two weeks during penalty weeks (this is crucial!) 4. Look into emergency assistance - many counties have rental/utility help, food banks, and emergency cash assistance programs Also, while she's serving penalty weeks, she can still do gig work (DoorDash, Instacart, etc.) to get some immediate income without affecting her unemployment claim. Just make sure to report any earnings when certifying. The system is brutal but the penalty weeks do eventually end. Document everything going forward and don't trust verbal information from reps - get it in writing through UI Online messages. Hang in there!
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