EDD applied my benefits to old overpayment after I served penalty weeks - now what?

omg same thing happened to me last year!! EDD is seriously THE WORST. they made me serve like 6 penalty weeks and then kept taking my money anyway. you prob need to call them again but good luck getting thru lol

There's a difference between penalty weeks and repayment of the overpayment amount. Penalty weeks are weeks you serve without benefits as a penalty for whatever caused your overpayment. However, you still owe the actual overpayment amount back to EDD. They're allowed to take up to 100% of your benefits until the overpayment balance is fully repaid. Do you know how much your original overpayment was? And does your UI Online account show a remaining balance on the overpayment?

i think u can ask for a waiver if u cant afford to pay it back. goto ur ui online and look for overpayment waiver form. u have to show financial hardship tho

I've helped several clients in similar situations. Here's what you need to know: 1. Penalty weeks and overpayment recovery are separate issues. Penalty weeks are a punishment, overpayment recovery is them getting their money back. 2. Check your Notice of Overpayment for classification - it will state whether it was classified as fraud or non-fraud. The presence of penalty weeks suggests fraud classification. 3. For a non-fraud overpayment, you can request a waiver if repayment would cause extraordinary hardship. 4. For fraud overpayments, waivers are rarely approved, but you can request a payment plan. 5. You have appeal rights, but there are strict deadlines (usually 30 days from the notice date). I suggest you immediately request a formal appeal if you believe the overpayment was incorrectly classified as fraud. Also request a payment plan to reduce the offset percentage while this gets resolved.

This system is DESIGNED to confuse people. I spent 15 years in human resources and even I struggle to understand all the EDD rules sometimes. They make it complicated on purpose so people just give up fighting.

A few important points to add here: 1. When you call EDD, make sure you're speaking with a Tier 2 specialist, not just the first person who answers. Only Tier 2 specialists can help with complex overpayment issues. 2. Request a formal Statement of Account showing all credits and debits to your overpayment balance. This will help you understand exactly where things stand. 3. If you have documentation that proves your overpayment was due to an honest mistake (like employer pay stubs showing delayed payment for training), include copies with your appeal. 4. While getting this resolved, make sure you continue certifying for benefits even if they're being applied to your overpayment. Missing certifications can cause additional problems. EDD should have communicated the difference between penalty weeks and repayment more clearly. Their notification letters often lack important details about how the recovery process works.

hey quick question did u ever get ur 1099G form for the benefits from last year?? i never got mine and now im worried they sent it to my old address and someone stole my identity or something

Update on payment plans: As of 2025, EDD has implemented new guidelines for overpayment recovery. You can now request a financial hardship reduction that limits offsets to 25% of your weekly benefit amount (instead of 100%). You'll need to submit the DE 1446H form, which you can download from the EDD website. Include proof of hardship such as eviction notices, utility shutoff notices, or medical bills. If you're classified as a fraud overpayment, you can still request the 25% reduction, but approval is at EDD's discretion. Make sure to emphasize any extenuating circumstances that led to the reporting error.

I'm so sorry you're going through this - the stress of facing eviction while dealing with EDD's confusing system is absolutely overwhelming. I went through something similar last year and want to share what I learned. First, definitely pursue that DE 1446H form that Javier mentioned for the hardship reduction. When I submitted mine, I included a brief cover letter explaining my situation in simple terms, which seemed to help. Also, when you call EDD, try calling right at 8:00 AM when they open - I had better luck getting through early morning. One thing that really helped me was keeping a detailed log of every call, including date, time, representative name, and what they told me. EDD reps sometimes give conflicting information, so having documentation of what you were told can be crucial if you need to escalate later. Hang in there - this system is broken but you will get through it. Don't let them intimidate you into giving up on benefits you're entitled to receive.

I'm dealing with a very similar situation right now and your post really resonates with me. The way EDD handles overpayments is absolutely brutal - they essentially punish you twice, first with the penalty weeks and then by taking all your benefits until the debt is paid off. One thing I discovered that might help you immediately: if you're facing eviction, you can request an emergency hardship review. Call EDD and specifically ask for an "emergency financial hardship determination" - this is different from the regular DE 1446H form process and can sometimes get faster results. You'll need to provide proof of your eviction notice. Also, document EVERYTHING the reps told you about being done after your penalty weeks. If they gave you incorrect information that led you to believe you'd start receiving benefits, that could be grounds for an appeal or at least getting supervisor review of your case. I know the system feels designed to break you down, but don't give up. You've already survived 10 weeks without benefits - you're stronger than you know. Keep fighting for what you're owed.

I've been following this thread and wanted to add something that might help with your immediate situation. While you're working on the hardship forms and appeals, check if your county has emergency rental assistance programs - many still have COVID relief funds available that can help with rent and utilities while you're dealing with this EDD mess. Also, I noticed you mentioned the overpayment was for "not reporting income correctly" related to training pay. If that training was part of a work program or apprenticeship, there are sometimes different rules that apply. EDD has made errors before in how they classify training-related income, especially if the timing of when you received payment versus when you earned it got mixed up. One more tip - if you do get through to EDD, ask them to put notes in your file about your conversation. Then ask for the confirmation number for those notes. This creates a paper trail that can be referenced in future calls. I learned this the hard way after getting different answers from different reps about the same question. The system is absolutely broken, but you're getting great advice in this thread. Stay strong and keep pushing - they're counting on people giving up, but your benefits are worth fighting for.

I'm a new member here but I've been lurking and reading about all these EDD horror stories. Your situation sounds incredibly frustrating and honestly illegal - how can they tell you one thing (that you're done after penalty weeks) and then do something completely different? I wanted to add that if you're dealing with apprenticeship/training pay reporting issues, you might want to contact your training program coordinator too. Sometimes they can provide documentation or clarification letters that help with EDD appeals. Many apprenticeship programs have dealt with this exact reporting confusion before and know how to word things in a way EDD understands. Also, I've heard from friends that when you call EDD, it sometimes helps to say you're calling about "overpayment recovery options" rather than just general questions - apparently it routes you to specialists faster. Not sure if that's true but might be worth trying. This whole system is designed to exhaust people into giving up, but you've gotten so much good advice in this thread. Don't let them steal benefits you've earned and are entitled to receive. Keep fighting!

I just wanted to jump in and say that reading through this entire thread has been both heartbreaking and inspiring. @Paolo, your situation perfectly illustrates how broken and cruel the EDD system has become - serving penalty weeks should mean you've paid your debt to society, not that you still owe thousands of dollars on top of that punishment. What really strikes me is how much collective knowledge this community has developed just to survive EDD's bureaucratic maze. The fact that we need to know about Tier 2 specialists, confirmation numbers, specific forms like DE 1446H, emergency hardship reviews, and even phone call timing strategies just shows how deliberately obtuse this system is. To everyone sharing advice here - thank you for turning your painful experiences into help for others. And Paolo, please keep us updated on how the emergency hardship review goes and whether you're able to get through to someone who can actually help. You've already shown incredible resilience getting through 10 weeks without benefits. Don't let them wear you down now when you're so close to getting some relief. The apprenticeship angle sounds particularly promising since there are often special provisions for training-related income reporting. Definitely pursue that documentation from your program coordinator. Sometimes one properly worded letter from an official source can cut through months of EDD confusion.