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wait so if ur appealing do u still have to make payments during the appeal process?? that seems really unfair
Great question. Technically, EDD can begin collection activities even while your appeal is pending. However, you can request a "stay of collection" by including this request with your appeal. They don't have to grant it, but they often will pause collection until the appeal is decided. Just make sure to specifically request this in writing when you file your appeal.
I just went through this exact same situation 6 months ago and won my appeal! Here's my timeline to give you hope: I filed my appeal in 2 days (well before the deadline), got my hearing scheduled about 8 weeks later, and received the favorable decision 2 weeks after that. During the waiting period, I submitted a written request for a "stay of collection" along with my appeal form, and they did pause any collection activities until the decision was made. This was crucial because like you, I didn't have thousands of dollars sitting around to pay back while fighting it. Since you have a legitimate layoff letter stating lack of work, your case sounds very winnable. That's exactly the kind of documentation that overturns these determinations. Make sure you also include any emails or other communications from your employer about the layoff if you have them. One tip that really helped me: when you write your appeal explanation, reference specific UI Code sections. For layoffs due to lack of work, cite UI Code Section 1256 which covers good cause attributable to the employer. It shows you understand the legal basis for your eligibility. You've got this! Don't let them intimidate you - they make mistakes all the time and the appeals process is there for exactly this reason.
Update: I was able to get through to EDD (after being hung up on 4 times!) and they confirmed the issue is that my former employer is claiming I quit voluntarily. This is absolutely NOT true - I was laid off when they reduced staff. I'm going to contact my old manager to see if they'll provide a letter confirming this. Feeling slightly less panicked now that I understand what I'm fighting against.
That's great that you got clarity! This is a common issue and much easier to address than some other overpayment reasons. Definitely get that letter from your manager if possible. Also bring any communications (texts, emails, etc.) from around that time that might mention the layoff. Even conversations with coworkers about being laid off can be useful evidence. If your employer doesn't show up to contest it (which happens frequently), you'll have a much stronger case with your documentation.
I'm so glad you were able to get through to EDD and figure out what you're dealing with! The "quit vs layoff" issue is actually one of the more winnable overpayment cases if you have the right documentation. A few quick tips for your hearing on Friday: 1. If you can't reach your old manager, try to get ANY documentation from that time period - final paystub, unemployment application where you indicated "laid off," even social media posts mentioning being laid off can help establish timeline. 2. Be prepared to explain the business reasons for the layoff (slow business, staff reduction, etc.) - this shows it was employer-initiated, not your choice. 3. If your employer shows up to the hearing, stay calm even if they misrepresent what happened. Stick to the facts and let your documentation speak for itself. 4. Remember that EDD initially approved your claim without an interview - this suggests their own system found you eligible based on the information provided. You've got this! The fact that you're being proactive and gathering evidence puts you way ahead of most people at these hearings. Keep us posted on how it goes!
This is such solid advice! I'm definitely going to dig through my old texts and emails from that time period - I remember being really stressed about the layoff and probably vented to friends about it. Those conversations could be great evidence that it wasn't voluntary. One question - if my employer does show up, should I expect them to have a lawyer or representative? I'm wondering if I'm going to be completely outmatched going in solo against their legal team.
After reading through this thread, I think you're on the right track with your preparation. One final suggestion: try to speak with an EDD representative before your hearing to confirm exactly which certification periods are in dispute. This will help you narrow your focus when presenting evidence. It sounds like your situation involves confusion about when earnings should be reported (when earned vs. when paid), which is a common issue. Be prepared to explain your understanding of the reporting requirements at the time you filed those certifications. Judges often consider whether you made a good faith effort to report correctly.
Thank you everyone for all this helpful advice! I feel much more prepared now. I'm going to try reaching EDD this week to get clarity on the specific weeks in question, organize all my documentation, and prepare a brief explanation of my confusion about reporting timing. I'll update this thread after my hearing to let you know how it went!
I went through a very similar situation about 6 months ago with a $5,800 overpayment due to reporting confusion. Here's what I wish I had known: bring a simple timeline document that shows the dates you worked, dates you got paid, and dates you certified. This visual really helped the judge understand my situation. Also, if your employer has any documentation about their payroll delays or pay schedule changes, try to get a letter from HR - that was huge for my case. The whole process took about 45 minutes and the judge was actually pretty understanding. They ruled in my favor for 2 out of 3 disputed weeks. The key was showing I made good faith efforts to report accurately based on my understanding at the time. You've got this - preparation is half the battle!
UPDATE: We were able to log into the UI Online account and found several messages from the past 3 months that we never knew about (they didn't email notifications). Looks like they did try to contact us but we had no idea we needed to check this account years after benefits ended. Going to request an appeal tomorrow and gather all our documentation. Thanks everyone for your help!
Glad you found those messages! Make sure to mention in your appeal that you never received proper notification. While they can claim the UI Online messages were sufficient, a good argument can be made that a reasonable person wouldn't check an account for a service they no longer use. Keep us posted on how it goes!
This is so frustrating but unfortunately becoming very common. I went through something similar last year - got hit with a $1,400 overpayment notice from 2021 that came completely out of nowhere. In my case, it turned out EDD had misclassified some of my freelance work and double-counted income that I had properly reported during certification. The key thing is to act fast on that 30-day appeal deadline. When you gather your documentation, make sure to get: - Your original UI claim records showing what you reported each week - Any W-2s or 1099s from that time period - Screenshots of the UI Online messages you just found (this could help your case since you clearly weren't properly notified) Also document the financial hardship this is causing - the fact that they took your tax refund without proper notice could strengthen both your appeal and any waiver request. The system is definitely overwhelmed and making errors, so don't assume they're right just because it's the government. Good luck with your appeal!
AstroAdventurer
did u check ur SDI Online account? sometimes it will show if they recieved part B even if they havent processed it yet
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Yuki Ito
•I just checked and it still shows "Medical Certification Not Received" under the claim status. I guess that means they definitely haven't gotten it yet.
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Jamal Wilson
UPDATE REQUEST: Did you get this resolved? I'm curious because I'm about to file my own SDI claim and want to learn from your experience!
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Yuki Ito
•I called my doctor's office this morning and apparently they hadn't sent it yet! They had it filled out but it was sitting in some outgoing mail pile. They're going to fax it today instead of mailing it. The office manager apologized and said they've been swamped. Lesson learned: always follow up aggressively with medical paperwork!
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Avery Davis
•Wow, glad you got it sorted out! That's such a common issue - paperwork just sitting around in medical offices. Thanks for the update, this is really helpful to know. I'll definitely be calling my doctor right after I submit Part A to make sure they prioritize it. Did EDD give you any indication of how long it will take to process once they receive the faxed form?
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