EDD Appeal Hearing next week - freaking out about overpayment amount! Need prep advice ASAP
Just got my official EDD appeal hearing date set for March 12, 2025 and I'm completely FREAKING OUT!! I've been fighting this overpayment notice for months where they're saying I owe back $7,250 from when I was collecting unemployment last year. I already uploaded all my paystubs through UI Online, but I don't know what else to bring or how to explain my side during the hearing. They're claiming I underreported income on 3 certifications, but it was an honest mistake - my employer paid me late those weeks and I reported what I thought I earned during the certification periods. Has anyone been through one of these appeal hearings? What should I expect? Does the judge decide right away or do they mail a decision later? I'm so stressed about this whole situation I can barely sleep.
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Hassan Khoury
I went through an appeal hearing last year. First, make sure you have printed copies of EVERYTHING - your paystubs, bank statements showing deposit dates, any emails from your employer about payment delays, and the EDD determination notice itself. Organize them by date. The judge (Administrative Law Judge) won't decide on the spot. They'll mail you the decision in about 2 weeks. Be prepared to take an oath and answer questions. Speak clearly and stick to facts, don't ramble. Emphasize that any mistakes were unintentional - that can sometimes help reduce penalties even if they uphold the overpayment. Good luck!
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Alice Fleming
•Thank you SO MUCH for this advice. I didn't think about bringing bank statements to prove when I actually received the money - that's brilliant! Should I prepare a written statement to read or just answer questions as they come? I'm worried I'll get nervous and forget important points.
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Victoria Stark
i had hearing last month dont worry its not like court court. just tell them what happend they understand sometimes mistakes happen. my hearing was on zoom not in person
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Alice Fleming
•Thanks for letting me know! My notice says it's a phone hearing, which makes me a bit less nervous. Did you have a good outcome with your case?
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Benjamin Kim
The EDD appeal system is RIGGED against claimants!! They denied my appeal even though I had PROOF I reported everything correctly. They just want their money back no matter what!! And good luck ever getting a straight answer from anyone at EDD before your hearing - they'll just transfer you 10 times until you give up!!! My advice: get everything in writing and record the phone hearing if they'll let you (legally you have to tell them you're recording in CA). DOCUMENT EVERYTHING!!!
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Samantha Howard
•This is exactly why I've been so stressed about reaching them before my hearing. I've been trying to get clarification on which specific weeks they're disputing and can't get through to anyone!!
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Megan D'Acosta
I had a similar situation last year, and I know how stressful these EDD overpayment appeals can be. One thing that really helped me was using Claimyr to actually get through to an EDD representative before my hearing. It helped me understand exactly what documentation the judge would need to see. The service connects you with EDD agents by bypassing the busy phone lines. I was skeptical at first but their video demo (https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km) showed how it works, and I was able to speak with an EDD rep within about 30 minutes. Their website is claimyr.com if you want to check it out. Having that pre-hearing conversation made a huge difference in how prepared I felt.
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Alice Fleming
•I've never heard of Claimyr before! I've been trying to call EDD for days but always get the "we're experiencing high call volume" message. I'll definitely check out that video - getting actual clarification before my hearing would be such a relief. Thanks for the tip!
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Sarah Ali
Make sure you understand the difference between "willful misrepresentation" and "unintentional error" - this is HUGELY important for your case. If the judge determines your incorrect reporting was unintentional, you'll still need to repay the overpayment but without the 30% penalty and possible disqualification weeks. Explain clearly how your employer's late payments confused your certification reporting. Also, you have the right to request a waiver of overpayment if repaying would cause extraordinary hardship - but that's a separate process after the appeal decision.
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Ryan Vasquez
•This is so true! My friend got hit with penalty weeks ON TOP of having to repay because they decided she intentionally misreported. Make sure you emphasize it was an honest mistake!
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Alice Fleming
•I had no idea about the penalty weeks! My determination letter mentions the 30% penalty but doesn't say anything about disqualification weeks. That makes this even more scary. I definitely made an honest mistake and never intended to claim benefits I wasn't entitled to.
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Samantha Howard
hey question for anyone who knows... if they make u pay back the money can u do a payment plan or do they want it all at once? asking for a friend lol
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Sarah Ali
•Yes, EDD offers payment plans if you can't repay the full amount at once. They'll typically work with you on a monthly payment schedule based on your financial situation. You'll need to contact them after the appeal decision to set it up. They can also garnish tax refunds and future unemployment benefits if you don't arrange repayment.
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Hassan Khoury
One more piece of advice - during the hearing, if you don't understand a question, it's completely okay to ask the judge to clarify. Don't guess or answer something you're unsure about. Be honest if you don't know or don't remember something. Judges appreciate honesty much more than someone trying to have all the answers. Also, keep in mind they hear dozens of these cases weekly, so while this is extremely stressful for you, it's routine for them. Stay calm, be respectful, and focus on the facts of your specific situation.
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Alice Fleming
•That's really helpful advice. I tend to ramble when I'm nervous, so I'll try to keep my answers concise and focused on the facts. I've started putting together a folder with all my documentation in chronological order. I just hope the judge understands it was an honest misunderstanding about reporting deadlines versus actual payment dates.
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Victoria Stark
my case turned out ok they made me pay back but no penelty. just be honest about what happend and your chances are better
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Alice Fleming
•That's reassuring to hear. I can handle paying back the actual overpayment, it's the additional 30% penalty that would really hurt my finances. I'm definitely going to be completely honest and explain that I was confused about when to report income - when earned vs when paid.
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Ryan Vasquez
I just went thru this!!! Make sure you understand which type of hearing it is - are they disputing your eligibility completely or just specific weeks? BIG difference! If they're saying you misreported income for specific weeks, focus only on those weeks. Don't get distracted explaining other stuff. Have your facts SUPER organized by date!
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Sarah Ali
After reading through this thread, I think you're on the right track with your preparation. One final suggestion: try to speak with an EDD representative before your hearing to confirm exactly which certification periods are in dispute. This will help you narrow your focus when presenting evidence. It sounds like your situation involves confusion about when earnings should be reported (when earned vs. when paid), which is a common issue. Be prepared to explain your understanding of the reporting requirements at the time you filed those certifications. Judges often consider whether you made a good faith effort to report correctly.
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Alice Fleming
•Thank you everyone for all this helpful advice! I feel much more prepared now. I'm going to try reaching EDD this week to get clarity on the specific weeks in question, organize all my documentation, and prepare a brief explanation of my confusion about reporting timing. I'll update this thread after my hearing to let you know how it went!
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