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.