Do I have to pay back unemployment benefits in California EDD?
Got laid off from my warehouse job back in September and finally worked up the nerve to file for unemployment. I've been collecting for about two months now, weekly benefit amount is $387. My cousin keeps telling me I'm going to owe all of it back at tax time like a loan or something, and now I'm spiraling. Do I have to pay back unemployment benefits or is he just messing with me? I looked on the EDD site and couldn't find a straight answer. I don't want to blow through this money if I owe it back.
94 comments

Emma Davis
Your cousin is mixing up two totally different things. Unemployment benefits aren't a loan — you don't pay them back just because you received them. The money is yours to keep as long as you were eligible for each week you certified. The only situation where EDD asks for money back is an overpayment, which is when they determine you were paid for weeks you didn't actually qualify for. That can happen if you reported wages wrong, if something came up in your eligibility review, things like that. But normal benefits from a legit layoff? You keep those.
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Javier Morales
AuthorOk that makes me feel better. So the tax thing my cousin mentioned — is that totally wrong too?
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Emma Davis
The tax part is real but it's not payback. Unemployment is counted as federal income, so it shows up on your taxes and you might owe federal tax on it. California doesn't tax it though. EDD lets you have 10 percent withheld from each payment automatically if you want, so you don't get surprised at filing time. You'll get a 1099G from EDD in January showing what you received.
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GalaxyGlider
Yeah I had the same confusion my first time collecting. The 1099G is in UI Online too under the Payments section if you go paperless, available by January 31st. I wish someone had told me earlier so I could've had the withholding set up from the start.
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Malik Robinson
Overpayments are the thing people are usually scared about and honestly EDD doesn't always make it easy to understand. If EDD decides later that you weren't eligible for some weeks — maybe after a phone interview or an eligibility review — they'll mail you a Notice of Overpayment and you'd owe that amount back. But there's also a waiver option if the overpayment wasn't your fault and paying it back would be a real hardship. You'd fill out the DE 1446UI form and EDD weighs whether to forgive it.
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Javier Morales
AuthorWhat counts as 'not my fault' for the waiver? Like if EDD made a calculation error on their end?
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Malik Robinson
Exactly that kind of situation qualifies — if the error was on EDD's side and you had no reason to know you were being overpaid. The waiver isn't guaranteed, EDD has to approve it, but it exists for cases like that. If it was fraud, like you deliberately gave wrong information, there's no waiver and they add a 30 percent penalty on top.
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Isabella Silva
I got an overpayment notice last year and panicked thinking I'd done something wrong. Turned out it was a wage reporting timing issue. Filed the waiver and EDD approved it. The key is responding quickly and explaining exactly what happened.
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Ravi Choudhury
Severance pay from my last job had me worried about this same question. The layoff came with two months of severance paid as a lump sum, and I wasn't sure if that meant I'd owe benefits back or couldn't even file. Claimyr (claimyr.com) got me on the line with an EDD agent after I'd been trying to reach someone for days on my own. The agent told me my severance lump sum wasn't wages in the unemployment sense under EDD's rules, so it didn't disqualify me from collecting, but I still needed to report it when I certified and EDD would work out the rest. Asked specifically about whether I'd owe anything back if the severance overlapped with benefit weeks — the agent said EDD reviews it and mails you if there's any issue, but to keep certifying honestly in the meantime. Here's the video EDD made about reaching a live person by phone: https://youtu.be/JmuwXR7HA10
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Javier Morales
AuthorThat's exactly the kind of specific answer I needed about severance. So you just report it and let EDD sort it out?
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Ravi Choudhury
That's what the agent said — report everything accurately when you certify and EDD handles the calculation. The Report Wages section in UI Online is where you do that before submitting your certification for any week you had earnings or other pay.
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Freya Andersen
Severance reporting tripped me up too. I reported mine and my payment for that week was lower than expected but no overpayment notice came, so I think EDD just adjusts it on the fly when they can.
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Omar Farouk
Something people don't realize: EDD can collect overpayments from future benefits, from your state tax refund, even from lottery winnings if you win anything. They have a lot of ways to get money back if they're owed it. That's why it's so important to report wages correctly every time you certify — not because you'll get in trouble for an honest mistake necessarily, but because fixing it later is way more stressful than getting it right the first time.
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CosmicCadet
Wait they can take it from a tax refund?? I had no idea that was a thing
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Omar Farouk
California state tax refunds, federal refunds, state lottery winnings — yeah, EDD has that collection authority for unpaid overpayments. It's in their rules. Another reason to respond fast if you ever get an overpayment notice instead of hoping it goes away.
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Chloe Harris
This is accurate. Had a friend who ignored an overpayment notice and months later their state refund was offset. By that point they also lost the window to appeal it. Definitely don't sit on those notices.
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Javier Morales
AuthorHow long do you have to appeal an overpayment notice if you think EDD got it wrong?
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Omar Farouk
Thirty calendar days from the mailing date on the notice. After that the window closes and you lose the right to challenge it. If you miss it, you can still explain why you were late, but there's no guarantee they'll hear it.
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Diego Mendoza
My neighbor told me that since employers pay into unemployment insurance you're basically just getting your own money back. That part is actually wrong — workers don't contribute anything from their paychecks to unemployment. The employer covers it entirely. The CASDI deduction you see on your stub goes to disability insurance and paid family leave, not unemployment. So in that sense, you're not 'paying it back' because you never paid into it in the first place — it's employer-funded. Doesn't change whether you owe anything back, but I see this myth all the time.
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Anastasia Popova
Huh I literally thought my paycheck deductions were partly for unemployment this whole time. That's genuinely surprising to learn.
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Diego Mendoza
Super common misconception. The CASDI line on your stub is real money you paid in, but it's for SDI and PFL — Disability Insurance and Paid Family Leave. Unemployment is funded on the employer side completely.
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GalaxyGlider
I argued with my HR rep about this once lol. She was right, I was wrong. The whole 'you paid into it' thing isn't accurate for unemployment specifically even though it feels like it should be.
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Sean Flanagan
What about if you got paid during a week you shouldn't have certified? Like say you accidentally certified for a week where you actually worked full-time? That's the scenario that would create an overpayment you'd owe back, right?
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Emma Davis
Full-time work week means you weren't eligible for benefits that week, yes. If you certified and got paid anyway, that would be an overpayment. If you realize you made a mistake on a past certification, the right move is to contact EDD through UI Online or by phone rather than just hoping it doesn't come up — an honest mistake handled proactively is treated differently than something that looks like you were hiding it.
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Sean Flanagan
Got it. And partial work weeks are handled differently right? Like if you only worked 20 hours?
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Emma Davis
Part-time work is different. The first $25 of what you earned or 25 percent of your weekly wages — whichever is bigger — doesn't count against you, and the rest gets subtracted from your benefit amount. So you can work part-time and still get a reduced payment for that week. Full-time is where you lose eligibility completely for that week regardless of what it paid.
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Zara Shah
NOBODY explains the overpayment waiver process clearly enough and it drives me insane. The DE 1446UI form exists but EDD barely mentions it in the overpayment notice itself. When I got hit with one two years ago I had to dig through EDD's site to even find out waivers were a possibility. They should hand that form out automatically when the overpayment isn't fraud-related.
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Malik Robinson
100 percent agree. The waiver process is real and EDD does approve them but they don't advertise it. If you're dealing with a non-fraud overpayment that wasn't your fault, ask specifically about the DE 1446UI — sometimes you have to know to ask.
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Javier Morales
AuthorHas anyone had their waiver denied? What happens then?
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Zara Shah
If EDD denies it you still owe the money, and you can appeal the denial within 30 days. The appeals process for overpayments goes to the California Unemployment Insurance Appeals Board, same as other EDD decisions. If paying it back would genuinely destroy you financially, it's worth pursuing.
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NebulaNomad
Genuinely confused about something in this thread — does the 30-day appeal clock start when EDD mails the notice or when you receive it? I've heard both and I don't want to cut it close if I ever need to appeal anything.
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Emma Davis
It's the mailing date on the notice itself, not when it arrives in your mailbox. That's the official start of the 30 days. So if EDD mailed it on the 1st and it took 5 days to reach you, you've technically already used up 5 days. Don't sit on those notices when they come.
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NebulaNomad
That seems kind of unfair honestly — you're on the clock before you even have the document
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Isabella Silva
It is what it is unfortunately. The practical advice is to open EDD mail immediately when it arrives and check the date printed on the letter, then count from there. If you're down to the last week, fax or mail your appeal the same day so you have a postmark.
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Luca Ferrari
Since we're talking about paying things back — pension income is something that can actually reduce your weekly benefit amount. If you're receiving a pension or retirement pay from a past job, EDD may reduce what you get paid each week. Social Security is different though — EDD doesn't deduct that and you don't report it. Just wanted to flag that since I see people assume all retirement income works the same.
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CosmicCadet
So Social Security doesn't affect unemployment at all? My dad is 67 and thinking about filing if he gets laid off, that's good to know
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Luca Ferrari
Correct — Social Security benefits aren't deducted from unemployment and you don't need to report them. Pension from a former employer is the one that may reduce benefits, and EDD decides the amount. Best to let EDD know the situation and they'll calculate it.
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Anastasia Popova
This actually helped me. I was worried about my small pension from a previous employer and whether it would wipe out my benefits entirely. Sounds like EDD just adjusts it rather than canceling everything.
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Nia Wilson
For what it's worth — keeping meticulous records of everything when you're certifying really helped me feel less anxious about potential overpayment situations. I screenshot my UI Online certifications, save wage info, keep notes on work search activities. If EDD ever questions something, you want to be able to show exactly what you reported and when.
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Javier Morales
AuthorDo you use CalJOBS for the work search part? I registered there but haven't posted a resume yet and I think I was supposed to do that within 21 days of a certain notice?
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Nia Wilson
Yes — if you got a Notice of Requirement to Register for Work, the DE 8405, you have 21 days from that notice date to register in CalJOBS and post a resume. Missing that can hold up your payments. If EDD said you're exempt from that requirement they would have told you. Worth logging into caljobs.ca.gov to make sure everything is complete.
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Javier Morales
AuthorI did register but never posted an actual resume, just created the account. Going to do that today, thanks for the reminder.
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CosmicCadet
Wait I'm confused — I thought the phone interview was only if you got fired? I quit my last job and nobody told me I'd have an interview. Got the notice (DE 4800) in the mail and had no idea what it was for.
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Emma Davis
The interview happens whenever there's a question about why you left — fired AND quit both trigger it. When someone quits, EDD needs to hear from both sides to decide if the quit had a good reason. The DE 4800 notice gives you the date and time — the interviewer phones you at that exact time, so keep your phone on and available. Missing it without contacting EDD first can delay or deny your benefits.
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CosmicCadet
Oh no I already missed mine, I didn't realize what it was. What do I do??
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Emma Davis
Phone EDD the same day if you can — 1-800-300-5616 between 8 and 5 on weekdays. Explain you missed the interview and ask about rescheduling. The sooner you call the better your chances of getting it sorted before EDD makes a decision based on incomplete information.
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GalaxyGlider
EDD's phone lines are brutal to get through. I'd try right when they open at 8 a.m. for the best shot. Calling even a day late is better than not calling at all.
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Mateo Martinez
The fraud overpayment penalty is no joke — 30 percent added on top of what you owe, plus possible criminal charges. I work adjacent to a legal aid organization and the cases that go worst are almost always people who thought a small misreport wouldn't be noticed, or who kept certifying without reporting side income because they needed the money. EDD finds it eventually, usually through cross-matching wage data with employers. Report everything honestly, every time.
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Javier Morales
AuthorWhat's considered a 'small' amount that might not matter to report? Like if I did one odd job for $40?
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Mateo Martinez
There's no floor where it's safe not to report. Report all income for the week it was earned, even $40 from one odd job. The earnings formula means small amounts often don't reduce your payment much anyway — but not reporting them and having EDD find out through an employer record is how non-fraud situations can become fraud investigations.
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Diego Mendoza
Exactly this. The first $25 or 25 percent of gross earnings (whichever is bigger) doesn't count against your payment, so small amounts often wash out. But unreported is unreported regardless of size.
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Aisha Hussain
DE 429Z came in the mail about two weeks after I filed and I initially thought it was an approval saying I was good to collect. Turns out it's just the notice showing your weekly benefit amount and the total your claim could pay — it's not EDD saying you're eligible. Actual eligibility gets decided separately, especially if there were any questions about your separation. Wanted to mention it since the OP sounds like they might be in a similar boat with a newer claim.
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Javier Morales
AuthorI did get that DE 429Z and yeah I thought it meant I was approved. So that's not the case?
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Aisha Hussain
The DE 429Z tells you what your claim could pay if EDD decides you qualify — the weekly amount and the maximum total. It's not a decision on eligibility. If EDD finds you eligible, your certified weeks get paid. If not, you'd get a Notice of Determination (DE 1080CZ) explaining why and what your appeal rights are.
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Anastasia Popova
This distinction confused me for weeks. The DE 429Z is basically a preview of what you could get, not a green light. Keep certifying every two weeks so there are no gaps if EDD does find you eligible.
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Chloe Harris
My layoff came with six weeks of in-lieu-of-notice pay on top of everything else, and I genuinely didn't know I had to report that. Almost didn't. Someone in another forum said vacation and notice pay affects your first few benefit weeks and EDD decides how exactly — glad I reported it honestly because it turned out fine but I could see how people miss this stuff.
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Malik Robinson
In-lieu-of-notice pay, vacation pay, holiday pay — all of it goes on the report when you certify, for the week it was earned. EDD works out how it affects your payment. The 'I didn't know' defense is weaker when EDD's own forms ask you directly about it.
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Chloe Harris
The certification questions are actually pretty clear when you read them carefully. I think people (including me initially) skim through too fast and miss things.
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Ethan Clark
My situation is a little different — got laid off but also had a small freelance gig on the side that I was doing before the layoff. Wasn't sure if that counted as self-employment income I had to report or if it was fine since it was preexisting. Ended up talking to an EDD agent through Claimyr after getting nowhere with the phone line for a week. The agent looked at my claim and confirmed the freelance income needed to be reported for every week I earned it, same as any other wages. Asked specifically how the 25 percent rule would apply to freelance and the agent walked me through EDD's calculation — the gross amount for the week, not what I actually received after client delays.
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Sean Flanagan
The gross for the week it was earned makes sense but I never would have guessed that for freelance where clients pay late
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Ethan Clark
That was exactly my confusion. The week the work was done is the week to report it, not the week the check clears. EDD considers it earned when you do the work, so I had to look back at my actual work dates rather than payment dates.
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Javier Morales
AuthorHow did you get through the phone line? I've tried calling and can't get past the hold music
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StarStrider
Former employer contacted me after I filed asking why I applied for unemployment, saying they were surprised since my separation was 'mutual.' That language made me nervous — does 'mutual separation' count as a quit in EDD's eyes? Because I signed a separation agreement and I'm worried that could be treated differently than a straight layoff.
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Emma Davis
Mutual separation is a gray area EDD looks at carefully. If a separation agreement involved some pressure or was initiated by the employer even if framed as mutual, EDD considers the full circumstances. That's exactly what the phone interview is for — you get to tell your side of what happened. The employer also responds to EDD's inquiry. What you signed doesn't automatically make it a quit.
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StarStrider
So I shouldn't panic yet, basically wait for the interview and explain what actually happened?
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Emma Davis
Exactly. Go into the interview with the actual facts of what happened — who initiated the conversation, what you were told, what options (if any) you were given. EDD makes the eligibility call after hearing both sides.
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Freya Andersen
Worth mentioning for anyone newer to this — if you have an overpayment from a previous benefit year, EDD can deduct it from a new claim you file later. So even if you think an old overpayment 'went away,' it may surface when you least expect it. Better to deal with it directly than to discover it's being taken out of a future claim during a time when you really need the money.
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Zara Shah
This happened to a coworker — had an unresolved overpayment from years back and when they filed again after a layoff, EDD started taking chunks from each payment. Definitely deal with overpayments head-on.
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Freya Andersen
The appeal and waiver processes exist for a reason. If you got a notice and ignored it, you've likely lost the appeal window but the waiver might still be worth trying if the circumstances were genuinely not your fault.
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Yuki Sato
CalJOBS registration question that's slightly off-topic but related: does everyone have to register or only certain claimants? My sister filed and said she didn't get a DE 8405 notice but I definitely got one when I filed last year.
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Nia Wilson
EDD decides who needs to register — if you didn't get a DE 8405 it likely means EDD determined you're exempt from that requirement for your claim. It's not universal. If you got the notice, you must register within 21 days and post a resume on CalJOBS or payments can stop.
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Yuki Sato
That makes sense, thanks. She was worried she'd missed something but sounds like EDD handles it differently depending on the claim.
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Diego Mendoza
Exemptions exist for things like union hiring halls, some temporary layoffs, and other specific situations. If EDD said nothing about CalJOBS, don't go creating problems that weren't there — but it doesn't hurt to check UI Online to make sure nothing is flagged on the account.
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Isabella Silva
Wrapping back to the original question since the thread wandered a bit: the short answer to do you have to pay back unemployment benefits is no, not for regular eligible weeks. The only repayment scenario is an overpayment — where EDD determines some weeks shouldn't have been paid — and even then a waiver is possible in certain situations. Everything else (federal taxes, the 1099G) is about owing taxes on the income, not repaying EDD.
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Javier Morales
AuthorThis is the clearest summary in the whole thread. Really appreciate everyone who answered — filing a claim is stressful enough without thinking you're secretly racking up debt.
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Isabella Silva
Totally understandable concern. The loan comparison your cousin made is a really common misunderstanding. Keep certifying every two weeks, report all wages honestly, and you should be fine.
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GalaxyGlider
Also check UI Online at https://myedd.edd.ca.gov/ regularly for any notices or pending weeks. EDD communicates through the account and through mail, and you don't want to miss something time-sensitive.
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Carmen Ruiz
One more thing on the tax side since it tripped me up: even if you choose the 10 percent federal withholding through EDD, you should still check whether that covers your actual tax liability. Depending on other income you have in the same year, 10 percent might not be enough and you could still owe at filing time. Worth a quick look at your overall income picture before year-end.
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Javier Morales
AuthorGood point — I have some part-time freelance income too so my total picture is more complicated than just the unemployment benefits
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Carmen Ruiz
In that case definitely look at your total estimated income for the year. The 10 percent withholding on unemployment is better than nothing but it's a flat rate that doesn't account for your whole tax situation.
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Malik Robinson
To be clear the EDD withholding option only covers federal — California doesn't tax unemployment so there's nothing to withhold for state. The federal piece is the one to pay attention to.
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Andre Lefebvre
Unemployment exhausted after 26 weeks on my last claim and I kept waiting for an extension to kick in, but nothing came. Someone in another thread had told me extensions were still available. They are not automatically available — Extended Benefits only kick in when unemployment rates hit certain thresholds under state or federal law. As of now there are no general extensions active. When your 26 weeks run out, that's the claim.
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CosmicCadet
Wait so there's truly nothing after 26 weeks right now? I've seen stuff online saying 52 weeks and I got confused
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Andre Lefebvre
The 52 weeks refers to how long the claim year lasts, not how many weeks you can collect. Your claim is open for 52 weeks from when you filed, but the actual paid benefits max out at 26 weeks (or less depending on your base period wages). Once you've used your maximum benefit amount, the claim is done unless extensions are in effect, and they're not right now.
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Emma Davis
California Training Benefits is the one pathway that might add weeks beyond 26 — if you're in EDD-approved training you can potentially keep collecting and request a Training Extension. But that requires being enrolled in approved education before week 16 of your benefits and getting EDD sign-off. It's not something you can apply for after you've already exhausted.
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Zoe Alexopoulos
Just got my own overpayment notice last week — $1,240 from about eight months ago. Used Claimyr to get through to EDD because every time I called on my own I got the high-volume message and the line disconnected. The agent pulled up my account and confirmed the overpayment was flagged because a part-time employer submitted wages that I had already reported, so there was a double-count on EDD's end. Agent told me to send in the DE 1446UI waiver form with documentation showing I'd reported those wages correctly when I certified. Good to know the waiver is a real option in this situation.
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Javier Morales
AuthorThat's so frustrating — you reported correctly and still got the notice. Hope the waiver works out for you
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Zoe Alexopoulos
The agent was clear that EDD would review the waiver against my actual certification history, so as long as my records match what I submitted the documentation should support it. The 30-day appeal window is also still open so I'll keep that in mind as a backup.
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Mateo Martinez
Keeping your own records of certifications and what you reported is exactly why documentation matters. EDD's own system had a data mismatch in this case and you have the receipts to show you did it right.
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Anastasia Popova
Random thing I noticed — EDD's payment information updates daily in UI Online and also through the Tele-Cert line at 1-866-333-4606. That number works 24 hours a day for checking payment status, not just during business hours. Really useful when you're anxious about whether a payment processed.
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CosmicCadet
I had no idea about that number for checking status, I've only been going through UI Online
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Anastasia Popova
UI Online is fine and shows the same info, but sometimes the site is slow or you just want a quick check at 10pm. The phone line answers 24/7 for payment info which is nice.
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Sean Flanagan
Does it also do certifications by phone? I lost access to my UI Online temporarily and had to find another way.
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Anastasia Popova
Yes — Tele-Cert at 1-866-333-4606, option 2, with your PIN. EDD calls it EDD Tele-Cert and it's one of the official ways to certify if UI Online isn't working for you.
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