EDD Overpayment Hearing This Week - How to Fight a $13k Claim After 13 Months?

This same thing happened to me last spring - EDD came after me for $8,700 about 14 months after my claim ended. I fought it and WON at my hearing. Here's what worked for me: 1. Print out ALL your certification forms from your UI Online account 2. Bring proof of your job search activities during those months 3. Print any EDD correspondence you received that approved your claim 4. Bring your termination letter/layoff notice from your employer During the hearing, stay calm (I know it's hard!) and clearly explain why you believed you were eligible. In my case, EDD claimed I 'voluntarily quit' when I was actually laid off. The judge ruled in my favor because my old employer didn't show up to contest it and I had documentation. You absolutely can win this - the EDD makes tons of mistakes!

dont worry too much, edd is overworked and makes mistakes all the time. bring docs. my cousin had same issue and won

The EDD is a NIGHTMARE to deal with! I went through a similar situation in 2022 and even though I had EVERY RIGHT to those benefits, they still harassed me for months claiming I owed them $16k! The entire system is designed to intimidate people into paying back money they legally received!! My advice: DO NOT ADMIT TO ANYTHING during your hearing, even if the judge seems friendly. They'll twist your words!!! Also record the hearing if California law allows it (check first). The EDD "loses" evidence all the time when it doesn't suit them. Good luck fighting these bureaucratic vultures!

I went through an overpayment hearing last year. The most important thing is to understand EXACTLY why they're saying you were overpaid. The notice should include a reason code or explanation. Different reasons require different defense strategies: - If they claim you weren't available for work, bring proof of job search activities - If they claim you had unreported income, bring pay stubs showing dates don't overlap - If they claim you weren't eligible at all, bring your initial approval notices I'd suggest calling EDD directly before the hearing to clarify the exact reason for the overpayment. However, as you probably know, getting through to EDD is nearly impossible these days. I used this service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes instead of calling for days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Getting clear info before your hearing is crucial - I was able to prepare the exact documents needed after speaking with a rep.

This happened to me too! I got an overpayment notice like 10 months after my benefits stopped and was SO confused. What worked for me at the hearing was being super organized with all my paperwork. Put everything in chronological order with tabs. Make copies of EVERYTHING. The judge actually commented on how prepared I was compared to most people lol Also if your employer doesn't show up to the hearing (mine didn't), that works in your favor usually!

has anyone actually had their wages garnished by edd for overpayment? my brother got a notice but hes ignoring it... not sure thats the best strategy but just curious what happens if u lose the hearing

Here's what you need to know about overpayment hearings: 1. The burden of proof is on EDD to show you weren't eligible, not on you to prove you were eligible (though having documentation helps). 2. You have the right to request all evidence EDD is using against you BEFORE the hearing. 3. If this is a "non-fraud" overpayment determination (meaning they don't believe you intentionally misrepresented anything), you can apply for a financial hardship waiver. 4. For a hearing about separation from employment (quit vs. layoff), bring: - Final paycheck stub - Termination letter - Any emails/texts about your separation - Witness statements if possible 5. If EDD approved you without an interview initially, emphasize that you provided all information truthfully and relied on their determination. The 13-month delay works in your favor - you can argue that you had no reason to believe there was any issue with your claim since it was approved and paid without question for so long.

One more thing I forgot to mention - when you go to your hearing, dress professionally! It shouldn't matter but it absolutely does. The judge at my hearing was clearly more respectful to me (in nice business casual clothes) than to the guy before me who wore a t-shirt and shorts. First impressions matter!

Update: I was able to get through to EDD (after being hung up on 4 times!) and they confirmed the issue is that my former employer is claiming I quit voluntarily. This is absolutely NOT true - I was laid off when they reduced staff. I'm going to contact my old manager to see if they'll provide a letter confirming this. Feeling slightly less panicked now that I understand what I'm fighting against.