


Ask the community...
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.
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: 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.
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!
Avery Flores
For anyone who might be reading this thread in the future, I wanted to share a quick tip that helped me when I was in a similar situation. If you're having trouble finding the "File a Claim" option on the main EDD website, sometimes it helps to clear your browser's cache and cookies first. I was getting redirected to weird pages and the navigation wasn't showing up properly until I did this. Also, if you're on mobile, the desktop version of the site tends to work better for filing new claims - the mobile version can be pretty buggy. Just switch to "Desktop Site" in your mobile browser settings before starting the application process. Hope this helps someone avoid the headaches I went through!
0 coins
Romeo Barrett
•Thanks for the mobile browser tip! I actually ran into the same issue when I tried filing on my phone initially. The mobile version of the EDD site definitely seems like an afterthought - buttons don't always work properly and some pages don't load correctly. Switching to desktop view made a huge difference. It's 2025 and they still can't get mobile optimization right, which is pretty disappointing considering how many people rely on their phones for everything. But at least there's a workaround! Appreciate you sharing that cache clearing tip too - that's always good troubleshooting advice for any government website issues.
0 coins
LongPeri
Just wanted to chime in as someone who went through this exact same frustration a few months ago! The UI Online dashboard is SO misleading - it really does feel like there should be a "File New Claim" button right there on the main page. I spent literally hours clicking through every menu thinking I was missing something obvious. The fact that you have to go to a completely different part of the EDD website to start a new claim is just terrible user experience design. I'm glad you found the solution through this thread! One additional tip - after you file your new claim, it usually takes about 2-3 weeks to get your first certification notice, so don't panic if you don't hear anything immediately. The waiting is the worst part but it's normal processing time.
0 coins
Mia Rodriguez
•Totally agree about the terrible UX design! I'm new here but going through the same thing right now. It's so frustrating that they make you hunt around different parts of their website when it should all be integrated. Thanks for mentioning the 2-3 week timeline - that's actually really helpful to know so I don't start panicking if I don't hear back right away. Did you have to do anything special during that waiting period, or just wait for them to contact you about certification?
0 coins