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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.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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