Can I appeal an EDD overpayment notice after being disqualified from benefits?

Yes, you can absolutely appeal the overpayment notice separately from your disqualification. You have 30 days from the date on the overpayment notice to file your appeal. Look for the appeal form that came with your notice (DE 1000M). You'll need to explain why you believe the overpayment isn't your fault and request a waiver if you can't afford to repay it. The two important grounds for appeal are: 1. The overpayment wasn't your fault (no false statements or withholding information) 2. Repayment would cause extraordinary hardship Make sure to include documentation of your financial situation if you're claiming hardship. While your appeal is pending, you can also request a payment plan to avoid collections actions.

Same thing happnd to me last year!! The EDD is such a joke, they approvd me for like 5 months then suddenly said I didnt qualify and wanted $7,200 back. I tried calling them for TWO WEEKS and couldnt get through to anyone. Total nightmare.

I'm currently going through this exact situation. Was disqualified for "insufficient work search" even though I applied to 3+ jobs every week. Then hit with a $5,800 overpayment notice. Here's what I've learned in the process: 1. Your disqualification and overpayment are technically separate issues, though related 2. You MUST file separate appeals for each using the correct forms 3. If you can prove you were looking for work but just didn't document it correctly, bring ALL evidence to your hearing 4. Request a waiver of the overpayment based on financial hardship if applicable 5. Document EVERYTHING going forward - save job applications, emails, etc. Most importantly - keep trying to reach a representative who can explain your specific situation. The online info is vague and sometimes contradictory.

Have u tried using Claimyr to get through to EDD? It's the only way I could actually talk to a real person after trying for days on my own. Their service connected me to an EDD rep in about 20 mins when I couldn't get through at all by myself. Was totally worth it for me to get answers about my appeal options. Check out their demo video here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or go to claimyr.com

There's an important distinction I want to clarify here based on my experience working with EDD claims: If your disqualification was because you didn't meet the TECHNICAL eligibility requirements (like not having enough base period wages), then the overpayment is usually considered non-fraud, and you have better appeal options. If your disqualification was based on a CONDUCT issue (like voluntarily quitting without good cause), then the overpayment might be harder to appeal successfully. For work search requirements specifically, if you can prove you were looking for work but just didn't document it according to their requirements, you have a reasonable chance on appeal. EDD understands that people sometimes misunderstand the exact documentation requirements. You should absolutely appeal both the disqualification AND the overpayment. They're connected but separate issues in the system.

definitely appeal!!!!! i got an overpaymnt notice for $3200 and won my appeal becuz i proved it wasnt my fault. make sure u send the appeal form CERTIFIED mail so u have proof they got it before the deadline!!!

One more thing to consider: If your appeal of the disqualification is successful, the overpayment issue often resolves automatically because you'd be retroactively eligible for the benefits again. But if your disqualification appeal fails, you can still appeal the overpayment separately on the grounds that: 1. It was not your fault (you didn't knowingly provide false information) 2. You received the payments in good faith 3. Repaying would cause financial hardship In your situation with work search activities, it sounds like you might have a good case that this was an honest misunderstanding of the requirements rather than fraud.

Update: I just submitted my appeal forms for both the disqualification and the overpayment! I gathered all the job application confirmations I could find (only had about 60% of them saved) and wrote a detailed explanation about how I misunderstood the documentation requirements but was actively searching for work the whole time. Now the waiting game begins... has anyone gone through an appeal hearing yet? What was it like?

I went through a very similar situation last year and want to share what worked for me. I was disqualified for work search issues and got hit with a $3,600 overpayment notice. Here's what I learned: 1. File BOTH appeals immediately - they're separate processes even though they're related 2. For the work search appeal, focus on proving you were actively looking but didn't understand the specific documentation requirements 3. Keep copies of EVERYTHING you submit and send via certified mail 4. If you can't afford repayment, definitely request the hardship waiver on the overpayment appeal The key thing that helped my case was showing a pattern of consistent job searching (even with incomplete documentation) rather than periods of no activity. I also emphasized that I received the benefits in good faith and spent them on necessities like rent and food. My hearing was scheduled about 6 weeks after I filed the appeal, and I won both the disqualification reversal and overpayment waiver. The judge seemed to understand that the work search documentation rules can be confusing for people who are genuinely trying to comply. Don't give up - you have legitimate grounds for appeal here!

I'm dealing with a very similar situation right now and this thread has been incredibly helpful! I got disqualified for work search documentation issues 2 months ago and just received my overpayment notice for $5,200. Reading everyone's experiences here gives me hope that this isn't hopeless. A few questions based on what I'm seeing: 1. Is there any advantage to filing the appeals at the same time vs. separately? 2. For those who won their appeals - about how long did the whole process take from filing to final decision? 3. Should I continue certifying for benefits while my appeals are pending, or does that hurt my case? I've been unemployed for 8 months now and genuinely was looking for work the whole time, just didn't realize how specific their documentation requirements were. The thought of owing them over $5K when I'm barely keeping up with basic expenses is terrifying. Thank you all for sharing your experiences - it's nice to know I'm not alone in this mess!