Admitted earnings mistakes on EDD claim but no overpayment notice yet - facing jail time?
I'm absolutely terrified about potential consequences for mistakes on my UI claim from last year. I accidentally filed for unemployment instead of disability leave when I had to take time off. I do have proper medical documentation from my physician for the condition I was dealing with. There were a couple other issues too: 1) I received some hazard pay from my hospital job during 2 weeks I was out with COVID (about $1,250 total) but I had already certified for UI during that period 2) I think I underreported some on-call shifts for maybe 3-4 weeks total I sent EDD a detailed email about these mistakes about 8 months ago, being completely honest about everything. But I still haven't received any overpayment notice or response of any kind. My anxiety is through the roof waiting for what might happen. I literally wake up in cold sweats thinking about this. Can someone please tell me what penalties I might face? I'm terrified about potential fraud charges or even jail time. I know I made mistakes but they weren't intentional! Has anyone been through something similar? I'm a healthcare worker with a clean record and am totally willing to repay anything I shouldn't have received.
29 comments


Camila Castillo
Take a deep breath. Based on what you've described, jail time is extremely unlikely. The EDD distinguishes between fraud (intentional deception) and non-fraud overpayments (honest mistakes). What you're describing sounds like non-fraud overpayment. Typical consequences for non-fraud overpayments: 1. Repayment of the incorrect amount 2. Possible 30% penalty on the overpaid amount (for non-fraud) 3. Potential disqualification from benefits for a few weeks Since you voluntarily reported the mistakes to EDD, that works in your favor. The system is backlogged, which explains why you haven't received a notice yet. Document everything - keep copies of that email you sent, your medical documentation, pay stubs, etc.
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Samuel Robinson
•Thank you so much for responding. I've been losing sleep over this. Do you think I should follow up with another email or just keep waiting? It's been 8 months already and the anxiety is killing me.
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Brianna Muhammad
i wouldnt worry too much, my brother had almost THE SAME THING happen when he got some shifts at his job while on ui and forgot to report. they just sent him a letter like 6 months later saying he owed about 2k back. he did a payment plan, no big deal. no cops showed up lol
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Samuel Robinson
•That makes me feel a little better! I just wish they'd send the notice already so I could start making things right. The waiting and uncertainty is what's killing me.
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JaylinCharles
As someone who's worked extensively with EDD cases, I can confidently say jail time is reserved for large-scale, intentional fraud schemes - not honest mistakes. The fact that you proactively disclosed the errors is significant. When the overpayment notice eventually arrives, you'll have options: 1. Pay in full if able 2. Request a payment plan 3. File for a waiver if repayment would cause financial hardship 4. Appeal if you disagree with the determination The EDD is currently processing cases from early/mid-2024, so your case is likely still in the queue. Their backlog is substantial. I'd recommend calling them directly to check on the status of your disclosure and possibly expedite the review. One tip: If you can't get through to EDD on the phone (very common), try Claimyr (claimyr.com). They have a service that helps you get through to an EDD representative quickly. They have a video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km that shows how it works. It helped me resolve a similar issue a few months back.
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Samuel Robinson
•Thank you for such detailed information. This really helps calm my anxiety. I'll try calling them directly first, and if I can't get through, I'll check out that service. I just want to get this resolved so I can stop worrying about potential legal issues.
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Eloise Kendrick
THEY WONT SEND U TO JAIL!!!! omg the EDD system is such a DISASTER they barely have time to process regular claims let alone pursue criminal charges for small mistakes lol. i made a similar error (about $3700 overpayment) and just had to pay it back. the punishment is the bureaucratic nightmare you'll deal with not handcuffs!!
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Lucas Schmidt
•This is correct. I work in legal aid and we've never seen anyone face criminal charges for self-reported errors of this nature. The EDD simply doesn't have the resources to pursue criminal cases except for large-scale, intentional fraud. They're much more interested in recovering overpayments through their administrative processes.
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Freya Collins
When I got my overpayment notice it was for like $5,800 because I reported some earnings wrong too. They gave me a payment plan option and I'm paying like $100/month. Just keep all your documentation together - paystubs, the email you sent them admitting the mistake, doctor notes, everything. The more organized you are when you finally talk to them, the smoother it'll go.
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Samuel Robinson
•That's helpful to know. I've already organized all my documentation in a folder, including screenshots of the email I sent them. I'm just so anxious about the unknown right now.
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LongPeri
I think you're confusing two separate programs. If you needed time off for a medical condition, that would be State Disability Insurance (SDI), not Family Medical Leave Act (FMLA). FMLA just protects your job while you're on medical leave, but doesn't provide payment. UI is for when you're able to work but unemployed through no fault of your own. Since you mentioned having medical documentation, you might have qualified for SDI instead of UI. This could complicate your case because the eligibility requirements are completely different. When the EDD reviews your case, they'll need to determine if you were eligible for any benefits at all during that period.
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Samuel Robinson
•You're right - I get confused with all the different programs. My doctor did recommend medical leave, but I think I applied for the wrong program entirely. Does that make things worse? I was genuinely confused about which program to apply for.
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Lucas Schmidt
The fact that you self-reported your mistakes is really important and will likely help your case significantly. The EDD distinguishes between willful misrepresentation (fraud) and non-willful mistakes. When you do receive your overpayment notice (which could take many more months given current backlogs), be sure to check whether they've classified it as fraud or non-fraud. If they incorrectly mark it as fraud, you should immediately appeal that determination. For healthcare workers specifically, there was a lot of confusion during COVID about hazard pay and how to report it. The EDD is aware of these industry-specific complications. Keep your pay stubs showing the hazard pay classification.
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Eloise Kendrick
•yesss appeal if they mark it fraud!!! they did that to me at first and i had to fight it. they eventually changed it to non-fraud which meant a MUCH smaller penalty. the system is broken but u gotta advocate for yourself!!!!
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Camila Castillo
Just to add - for the weeks where you received both UI and hazard pay from your hospital, it's likely you'll need to repay the full UI amount for those weeks since you were technically being paid by your employer. For the weeks where you underreported on-call shifts, you'll probably only need to repay the difference between what you should have received (based on correct earnings reporting) and what you actually received. The fact that you're a healthcare worker during a pandemic period will also be considered in context. Many healthcare professionals had irregular schedules and pay structures during that time, which the EDD is aware of.
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Samuel Robinson
•That makes sense. I think the hazard pay weeks would be about $1,250 in total that I'd need to repay, plus whatever adjustments for the underreported on-call shifts. I'm prepared to pay it all back - I just want to resolve this and move on with my life without legal issues.
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Sayid Hassan
I understand your anxiety completely - I went through something very similar last year. The waiting is honestly the worst part! Based on my experience and what I've learned from this community, here are a few things that might help ease your mind: 1. Criminal prosecution is extremely rare for self-reported mistakes like yours. The DA's office typically only pursues cases involving intentional fraud of $20,000+ or organized schemes. 2. Your proactive disclosure will likely be viewed very favorably. I've seen cases where people who self-reported actually received reduced penalties or even waivers. 3. The 8-month delay is unfortunately normal - some people wait over a year for overpayment determinations. The system is severely backlogged. For your specific situation, since you have medical documentation supporting your need for time off, you might want to explore whether you could have qualified for SDI instead. Sometimes the EDD will allow you to transfer your claim to the correct program, which could reduce or eliminate the overpayment. Hang in there - the uncertainty is awful, but based on everything you've shared, this sounds like it will resolve as a straightforward repayment situation rather than anything criminal.
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Ian Armstrong
•Thank you so much for this detailed and reassuring response. The part about potentially transferring to SDI is something I hadn't considered - that could really help my situation since I do have legitimate medical documentation. Do you know how I would go about exploring that option? Should I mention it when I finally get through to EDD, or is there a separate process for that? I really appreciate everyone in this community being so supportive during what's been an incredibly stressful time.
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NeonNomad
I'm new to this community but wanted to share some encouragement after reading your story. As a fellow healthcare worker who dealt with EDD issues during the pandemic, I can tell you that your situation is more common than you think. The fact that you voluntarily disclosed everything 8 months ago shows good faith, and that will absolutely work in your favor. I had a coworker who faced a similar situation with unreported hazard pay - she ended up with a simple repayment plan and no fraud designation. One thing that really helped her was keeping a detailed timeline of everything - dates of the weeks in question, amounts received, when she sent her disclosure email, etc. Having everything organized made the eventual phone call with EDD much smoother. The anxiety you're feeling is totally understandable, but from what everyone here is saying (and from what I witnessed with my coworker), this sounds like it will be resolved as a standard overpayment case. The EDD knows healthcare workers faced unique challenges during COVID with changing pay structures and leave policies. You've done the right thing by being honest and proactive. Try to focus on the fact that you have medical documentation supporting your need for leave - that's really important for your case.
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Gabrielle Dubois
•Thank you for sharing your experience and the advice about keeping a detailed timeline - that's really smart. I actually started doing that after reading your comment. It's so reassuring to hear from other healthcare workers who went through similar situations during COVID. The part about your coworker getting a simple repayment plan gives me hope that this will work out okay. I think the hardest part has been feeling like I'm the only one dealing with this, but this community has shown me that these issues were unfortunately pretty common during that chaotic time. I really appreciate everyone taking the time to share their experiences and advice.
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Connor Richards
Reading through all these responses has been incredibly helpful - it's clear that you have a strong support system here! I wanted to add one more perspective as someone who went through the EDD appeals process. The key thing to remember is that the EDD has specific criteria for determining fraud vs. non-fraud overpayments. Based on what you've shared, you hit several factors that work in your favor: 1. You self-disclosed the issues voluntarily 2. You have legitimate medical documentation 3. The amounts involved are relatively small 4. You're clearly willing to repay everything When you eventually receive your determination letter, read it very carefully. It will specify whether they've classified this as fraud or non-fraud. If it's marked as fraud (which seems unlikely given your circumstances), definitely appeal that classification immediately. Also, don't forget that as a healthcare worker during COVID, you may qualify for certain hardship considerations if repayment would cause financial strain. The EDD has specific provisions for essential workers who faced unique circumstances during the pandemic. The waiting is absolutely brutal, but everything you've described suggests this will resolve as a standard administrative matter rather than anything criminal. Keep that documentation organized and try to get some peace of mind knowing you've handled this the right way from the start.
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Carmella Popescu
•This is exactly what I needed to hear! Thank you for breaking down the specific factors that work in my favor - it really helps put things in perspective. I've been so focused on the worst-case scenarios that I forgot to consider all the things I did right by self-disclosing and having proper documentation. The point about hardship considerations for essential workers is something I hadn't thought about either. While I'm prepared to repay everything, it's good to know there might be options if the amount ends up being larger than expected. I'll definitely read any determination letter very carefully and appeal immediately if they incorrectly classify it as fraud. Everyone in this community has been so supportive and informative - it's made such a difference in helping me manage my anxiety about this situation. Thank you for taking the time to share your appeals experience!
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Zainab Ismail
Hey, I just wanted to chime in as someone who's been lurking in this community for a while dealing with my own EDD issues. Your situation really resonates with me, and honestly, reading through all these responses has been educational for my own case too. What strikes me most about your post is how responsible you've been throughout this whole process. You had legitimate medical reasons for needing time off, you proactively disclosed your mistakes, and you've kept all your documentation. That's exactly how someone should handle this kind of situation. I know the waiting is absolutely torturous - I've been there with different EDD issues. But based on everything I've read here and learned from this community, it really sounds like you're going to be fine. The consensus seems clear that jail time just isn't on the table for situations like yours. One thing I'd add is that when you do eventually get through to EDD (and you will), don't be afraid to mention that you're a healthcare worker who was dealing with COVID-related complications. From what I've seen, they do take that context into account. Keep your chin up - you've handled this the right way from the beginning, and that's going to matter when they finally process your case.
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TommyKapitz
•Thank you so much for this encouraging message! It really means a lot to hear from someone who understands what it's like to deal with EDD issues and the anxiety that comes with waiting for resolution. You're absolutely right that this community has been incredibly educational and supportive - I had no idea how many people have gone through similar situations until I posted here. Your point about mentioning that I'm a healthcare worker dealing with COVID complications is really good advice. I sometimes forget that the context of working in healthcare during the pandemic created a lot of unique circumstances that the EDD should understand. It's been such a relief to hear from so many people that jail time isn't a realistic concern for my situation. The waiting is still difficult, but at least now I can focus on preparing for the repayment process rather than worrying about criminal charges. Thanks for taking the time to share your perspective and encouragement!
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Mei Wong
I can completely understand your anxiety about this situation - the uncertainty and waiting are honestly the worst parts of dealing with EDD issues. Based on everything you've described and the excellent advice already shared here, I want to reinforce that criminal prosecution is extremely unlikely for your circumstances. A few additional thoughts that might help: The timing of your disclosure (8 months ago) actually works in your favor because it shows you weren't trying to hide anything when benefits were still actively being paid. You reached out proactively during the process, not after getting caught. For the hazard pay issue specifically - this was a huge source of confusion for healthcare workers during COVID. Hospitals were implementing these payments in different ways, and many employees genuinely didn't understand how to report them correctly. The EDD processed thousands of similar cases. Regarding your medical leave situation, when you eventually speak with EDD, definitely mention that you had valid medical documentation. Even if you applied for the wrong program initially, having legitimate medical reasons for time off significantly strengthens your case. The 8-month delay without any response is unfortunately typical. I've seen people wait 12-18 months for overpayment determinations. The system is just overwhelmed. Keep documenting everything, stay organized with your paperwork, and try to focus on the fact that you've handled this ethically from the start. That integrity will be recognized when your case is finally reviewed.
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Hassan Khoury
•Thank you for such a comprehensive and reassuring response! Your point about the timing of my disclosure is something I hadn't really considered - that I reached out while benefits were still being processed rather than waiting until after everything ended. That does make me feel better about how it might be perceived. The part about hazard pay confusion being widespread among healthcare workers is particularly helpful to hear. During COVID everything was so chaotic at the hospital, and we were getting different types of additional payments that I honestly wasn't sure how to categorize. It's reassuring to know the EDD has dealt with thousands of similar cases. I will definitely emphasize the medical documentation when I finally get to speak with someone. Even though I may have applied for the wrong program, at least I can prove I legitimately needed the time off for medical reasons. The wait times you mentioned (12-18 months) are actually somewhat comforting in a weird way - it helps me understand that the 8-month delay isn't necessarily a bad sign, just part of their massive backlog. I'll keep staying organized and try to be patient. Everyone here has really helped restore my confidence that I handled this the right way from the beginning. Thank you!
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Omar Farouk
I'm jumping in here as someone who went through a very similar situation about two years ago. Like you, I was a healthcare worker who made mistakes on my UI claim during COVID - I failed to report some per diem shifts properly and also received some COVID-related pay that I didn't report correctly. The most important thing I learned is that the EDD really does distinguish between intentional fraud and honest mistakes, especially when you self-report like you did. My case took almost 14 months to resolve (yes, the wait is brutal!), but when it finally did, it was classified as non-fraud overpayment. Here's what happened in my case: I ended up owing about $3,400 back, paid a 30% penalty (so roughly $4,400 total), and they set me up on a payment plan of $150/month. No criminal issues whatsoever. The EDD representative I finally spoke with actually thanked me for being proactive in reporting the errors. Your medical documentation is going to be crucial - make sure you have everything organized. Since you were legitimately unable to work due to a medical condition, there's a good chance you might have qualified for SDI instead. When you eventually get through to them, ask about potentially converting or adjusting your claim to the correct program. The anxiety is absolutely terrible - I completely understand the sleepless nights. But based on your description, everything points to this being resolved as a standard administrative overpayment. You did the right thing by being honest from the start.
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Aria Washington
•Thank you so much for sharing your actual experience - this is incredibly helpful and reassuring! Hearing real numbers and timeline from someone who went through almost the exact same situation really puts things in perspective. The 14-month wait sounds awful, but knowing it eventually resolved as non-fraud with a manageable payment plan gives me so much hope. The $4,400 total ($3,400 + 30% penalty) on a $150/month payment plan seems very reasonable, and the fact that the EDD representative actually thanked you for being proactive makes me feel much better about my decision to self-report. Your advice about asking them to potentially convert my claim to SDI is excellent - I hadn't thought about that being a possibility during the actual phone call. Since I do have legitimate medical documentation, maybe there's a chance to get this sorted out properly. I'm definitely going to reference your experience to help manage my expectations about timing and outcomes. Thank you for taking the time to share such detailed information about your case - it's exactly what I needed to hear from someone who actually walked this path!
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Evan Kalinowski
I'm new to this community but wanted to reach out after reading your post because I'm dealing with some EDD anxiety myself, though not quite as severe as yours. What really stands out to me is how responsibly you've handled everything - you had legitimate medical reasons for needing time off, you self-reported your mistakes proactively, and you've kept all your documentation organized. Reading through all the responses here has been really educational for me too. The consensus from people with actual experience seems very clear: jail time is not something you need to worry about for self-reported honest mistakes like yours. The amounts involved are relatively small, you have medical documentation, and you disclosed everything voluntarily - these are all major factors working in your favor. I know the waiting is absolutely brutal (I'm dealing with my own EDD delays on a different issue), but it sounds like when this finally gets resolved, it'll be a straightforward repayment situation rather than anything criminal. The fact that you're a healthcare worker who dealt with COVID complications should also be taken into account by the EDD. Everyone here has given such great advice about staying organized, understanding the difference between fraud and non-fraud overpayments, and knowing your options when you eventually get that determination letter. You've clearly done everything right from the beginning, and that integrity is going to matter when your case is finally reviewed. Hang in there - the uncertainty is awful, but you're going to get through this!
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