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

So I got disqualified from my unemployment benefits about 3 weeks ago (apparently I didn't provide enough work search activities??) and now EDD just hit me with a $4,800 overpayment notice saying I need to repay ALL the money they already sent me! I'm completely freaking out because I literally spent that money on rent and bills thinking it was mine to keep. Can I still file an appeal for this overpayment even though I've already been disqualified? Or does the disqualification automatically mean I'm screwed and have to pay everything back? Has anyone dealt with this situation before? I don't have $4,800 and I'm still looking for work!

Natalie Chen

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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.

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Maria Gonzalez

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Thank you so much for this info!! I'm looking at the notice now and I do see the DE 1000M form. So even though they already decided I was disqualified, I still have a chance to keep the money? That would be such a huge relief. Should I mention in my appeal that I've been actively looking for work the whole time, just didn't document it properly?

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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.

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Maria Gonzalez

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OMG that's even worse than my situation! Were you able to resolve it or did you have to pay it all back? I've been trying to call too but just get the 'too many callers' message and then it hangs up on me.

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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.

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Nick Kravitz

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number 3 is so important!!!!! i lost my appeal because i didnt bring enough proof with me. make sure you have records of every single job you applied to!!

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Hannah White

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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

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Maria Gonzalez

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I've never heard of this before! Does it actually work? I'm desperate to talk to someone because the appeal deadline is coming up soon and I have so many questions about what to write.

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Michael Green

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I used Claimyr last month when I was dealing with a similar situation. It does work but just make sure you're prepared with all your claim information when you get connected. Have your claim ID, overpayment notice details, and specific questions ready.

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Mateo Silva

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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.

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Maria Gonzalez

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This is really helpful context! My disqualification was definitely about the documentation part. I was applying to jobs every week but didn't save confirmation emails or screenshots of all of them because I didn't realize how strict they would be. I'll focus on this angle in my appeal.

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Nick Kravitz

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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!!!

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This is what makes me SO MAD about EDD. They automatically assume everyone is committing fraud instead of just making honest mistakes. It's like they're designed to be as difficult as possible.

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Natalie Chen

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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.

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This is exactly right. I initially only appealed my disqualification and didn't realize I needed to separately appeal the overpayment. Fortunately, the judge explained this during my hearing and allowed me to add the overpayment appeal. But it's better to do both from the start!

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Maria Gonzalez

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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?

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Mateo Silva

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Good job taking action! The appeal hearing is actually less formal than you might expect. It's usually conducted by phone with an Administrative Law Judge, an EDD representative, and you. You'll be sworn in, then both sides present their case. The judge will ask questions to clarify facts. Some tips: - Be extremely organized with dates, facts and evidence - Answer questions directly and concisely - Explain how you misunderstood requirements rather than ignored them - Be honest about your financial situation if hardship is part of your appeal Typically you'll get a decision within 2-3 weeks after the hearing.

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Maria Gonzalez

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Thank you! That makes it sound less intimidating. I'm going to organize all my evidence by date and practice explaining my situation clearly. Really hope this works out.

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