Can EDD claimants with penalty weeks still receive payments? Need to know ASAP

Penalty weeks are weeks where you won't get paid benefits even though you're eligible. Your brother will NOT receive payments during this time. EDD applies penalty weeks when they determine someone misreported earnings or information on their claim. The number of weeks depends on the violation - could be anywhere from 2-15 weeks usually. He should still certify every two weeks though, even if he's not getting paid.

Your brother needs to keep certifying during the penalty weeks! This is super important. Each certification he submits during a penalty week counts as "serving" one week. If he stops certifying, the penalty weeks just sit there waiting and don't count down. Also, make sure he's reporting any work/earnings accurately going forward to avoid more penalties.

penalty weeks are bull**** 😠 i got hit w/ 5 of them last yr bc i accidentally reported my earnings wrong ONE TIME. edd system is designed to punish people who r already struggling!!

To directly answer your question - no, claimants don't receive any unemployment benefits during penalty weeks. The penalties must be served before regular payments resume. However, your brother should definitely check if he's eligible for other assistance programs during this time. CalFresh (food stamps) and various rent assistance programs might be options depending on his situation.

Has he tried calling EDD to get more info about why exactly he got penalty weeks? Maybe there's a mistake or misunderstanding they can fix. But good luck getting through on the phone... took me like 50 calls before someone picked up last time I had an issue.

Yes, your brother can appeal the penalty weeks decision. He should look for the appeal instructions on his Notice of Determination letter from EDD. The appeal needs to be filed within 30 days of receiving that notice. Appeals are heard by an Administrative Law Judge. If he has documentation that shows he didn't intentionally misreport information, he should definitely collect that for the appeal.

One thing I learned the hard way - if they're saying he misreported income, they might also hit him with an overpayment notice later. Tell him to watch for that too. They'll want repayment of any benefits they think he wasn't entitled to on top of serving the penalty weeks.

yea i tried that claimyr thing someone mentioned. it actully worked but the edd person wasn't helpful at ALL. just read from a script n said 'nothing we can do' about my penalty weeks. waste of time tbh

Important clarification: Penalty weeks don't expire! Your brother needs to actually certify for those weeks to serve them. If he has 10 penalty weeks but only certifies for 5 weeks and then stops, those remaining 5 penalty weeks will still be there if he ever needs to reopen his claim in the future. Make sure he understands this.

when i had penalty weeks i picked up doordash n instacart to get by... not ideal but better than nothing

Just to give your brother some hope - penalty weeks do eventually end, and normal benefit payments will resume afterward (assuming he meets all other eligibility requirements). It's tough financially, but it's not a permanent disqualification from receiving benefits. Many people have gotten through penalty periods and gone on to receive their full benefit amount for the remainder of their claim.

I went through penalty weeks myself about 6 months ago. The most important thing for your brother to understand is that he MUST keep certifying every two weeks during the penalty period - even though he won't get paid. Each certification counts as serving one penalty week. Also, if he's struggling financially, he should look into local food banks and emergency assistance programs. Many counties have rent assistance programs too. The penalty weeks will end eventually, but he needs to stay on top of the certifications or they'll just sit there forever.

I'm new here but dealing with a similar situation. Your brother should also know that during penalty weeks, any work he does needs to be reported accurately when he certifies - even though he's not getting UI benefits, incorrect reporting during penalty weeks can lead to additional penalties later. I learned this the hard way. Also, if he's considering taking temporary work during the penalty period, he should still report those earnings on his certifications. The penalty weeks will still count down as long as he's certifying, regardless of whether he's working or not.