Can I avoid 15 penalty weeks by backdating EDD claim to when I was laid off?

backdating is super hit or miss, i tried 2 do this last yr and they denied me cuz i didnt have a "good reason" for filing late. what reason did u give them when u called?

I've helped several people with backdating claims. EDD generally only approves backdating for "good cause" reasons like: serious illness, being given incorrect information by EDD staff, natural disasters, or being physically unable to file. Unfortunately, not knowing you should file or thinking you'd find work quickly typically doesn't qualify as good cause. Regarding your penalty weeks - those are served during weeks you would otherwise receive benefits, regardless of when your claim starts. So backdating might help you serve them during that earlier period, BUT only if your backdate request is approved AND you would have been otherwise eligible for benefits during those earlier weeks (meaning you were certifying, available for work, etc.). During your eligibility interview, be prepared to explain exactly why you couldn't file earlier and provide any documentation that supports your case. Good luck!

Let me clarify how penalty weeks actually work, since there seems to be some confusion. Penalty weeks are weeks where you must certify and be eligible for benefits, but you don't receive payment. They're served one at a time, and only during weeks you would otherwise receive a payment. Regarding backdating: Yes, if your backdating request is approved, and you certify for those past weeks, and you were eligible during those weeks, then the penalty weeks would be applied to those backdated weeks. However, as others mentioned, EDD is strict about what qualifies as "good cause" for backdating. One important note - you must CERTIFY for all backdated weeks if approved. Many people forget this step and never actually serve their penalty weeks even after getting approved for backdating. Keep all your job search records from those earlier months as you'll need to provide that information when certifying.

I was in almost the EXACT same situation last year - had 12 penalty weeks and tried to backdate my claim by about 2 months. After my eligibility interview, EDD denied my backdating request because "not knowing I could file earlier" wasn't considered good cause. I appealed the decision and LOST at the hearing. Had to serve all 12 weeks starting from when I actually filed. Honestly, trying to reach EDD to discuss this further was a NIGHTMARE. I spent weeks calling hundreds of times and never got through. Finally used Claimyr (claimyr.com) to get connected to a rep within 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. The rep couldn't change the decision, but at least explained my options clearly and noted my account situation, which helped later. My advice: prepare solid documentation of why you couldn't file earlier if you have any legitimate reasons beyond just looking for work, because that's what they'll focus on in your interview.

THEY ALWAYS DENY BACKDATING!!! The whole system is designed to make us jump through hoops. I tried to backdate my claim when I had surgery and couldn't file for 6 weeks - had doctor's notes and everything. They STILL denied me saying I "could have had someone file for me" or "called them" (like that's even possible lol). The penalty weeks are just another way they punish people. It's all RIDICULOUS bureaucracy!

im dealing with penalty weeks too and its so confusing!! do u know if we get any kind of credit for the weeks or is it just completely lost money? and do we still have to do the work search during penalty weeks? i tried asking the edd lady but she gave me a different answer than what the website says

my cousin got her claim backdated but she had proof her employer told her wrong info about filing. she showed edd the emails where HR told her to wait. without some kinda proof like that i think ur gonna have trouble

After reading through all the comments, I want to add one more important point: Even if your backdating request is denied, make sure you still appeal the decision if you believe you had good cause. The appeal process is separate from EDD and handled by administrative law judges who sometimes interpret the rules differently than EDD representatives. Also, regardless of the backdating situation, continue certifying every two weeks to serve those penalty weeks as quickly as possible. Each week you're eligible (even if in penalty status) gets you one week closer to receiving benefits.