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EDD backdating claim after severance - can I get UI benefits from January instead of June?

I got laid off from my tech job back in January (specifically Jan 16th) and received severance payments through May 28th. I waited until June to file my UI claim since I thought I couldn't collect while receiving severance. But now I'm confused - I was talking with a former coworker yesterday who said I should've filed for UI immediately after being laid off in January, and that severance doesn't count against UI benefits? Is this true?? I'm already getting my weekly payments ($450) but if I could've been collecting since January, I've missed out on like 5 months of benefits! Can I somehow backdate my claim to January even though I'm already receiving payments? I've been trying to call EDD but of course getting the dreaded "we're experiencing high call volume" message every single time. When is the best time to actually reach a human being there? First thing in the morning? Late afternoon? This is super frustrating and I'm worried I've left thousands of dollars on the table by not understanding how this works. Any advice appreciated!

Amara Adebayo

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Sorry to say this, but your coworker was incorrect. Severance pay IS considered wages in California for unemployment purposes. EDD specifically requires you to report severance pay when filing your claim, and those payments delay your eligibility to receive benefits. You actually did the right thing by waiting until your severance ended to file your claim. You can view the official EDD guidance here: https://edd.ca.gov/en/uiben/types/Severance They calculate your benefits based on a specific base period (usually the 5 quarters before filing), so your claim is properly set beginning when you filed in June. I wouldn't waste time trying to backdate a claim when you were receiving severance - it would likely be denied anyway.

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PixelWarrior

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Thank you so much for the clarification! That's a huge relief actually. I was having serious anxiety thinking I'd missed out on thousands of dollars. So I did do the right thing by waiting until my severance ended before filing? That makes me feel much better!

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Giovanni Rossi

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nope your coworker is 100% wrong. severence counts as wages in CA. your benefits would have been reduced dollar for dollar anyway so you did it right. dont worry.

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But isn't it true that if you get a lump sum severance rather than weekly payments, it's treated differently? I think I read somewhere that lump sum doesn't count the same way as regular ongoing payments. So many confusing rules with EDD!

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Dylan Evans

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Actually, it's not quite as simple as the other responses suggest. The EDD treats different types of severance payments differently: 1. If your severance was paid as a LUMP SUM all at once, it only affects the week in which you received it 2. If your severance was paid as ONGOING PAYMENTS (which sounds like your case since it lasted until May 28), then yes, it counts as wages during those weeks So the real question is: how was your severance structured? If it was ongoing payments that replaced your regular salary, then you did the right thing by waiting. If it was a single lump sum payment in January, you might have been eligible for UI starting shortly after that. Regarding calling EDD - in my experience, Tuesday through Thursday between 8:15-9:30am is slightly better than other times, but it's still a nightmare trying to get through.

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PixelWarrior

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Thanks for this detailed explanation! My severance was definitely structured as ongoing bi-weekly payments (same as my regular paycheck schedule) through May 28th. So it sounds like I did the right thing by waiting until June to file my claim? That's a relief.

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Sofia Gomez

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I had a similar situation last year. My severance came as continued payments for 3 months, and the EDD rep I spoke with confirmed I had to wait until they ended to receive UI benefits. Your coworker probably got confused between severance and vacation/PTO payouts (which don't delay benefits eligibility). If you're still trying to verify this with EDD directly, I recommend using Claimyr (claimyr.com) to get through to a representative. It finally worked for me after weeks of failed calling attempts. They have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km They'll connect you with an EDD rep who can confirm everything about your specific claim situation, typically within 1-2 hours instead of days of frustrating busy signals.

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StormChaser

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I used this Claimyr thing last month when I was having problems with my certification and it actually did work to get me through to EDD!!! It was the first time in like 2 weeks I could talk to an actual person. Before that I was ready to throw my phone out the window lol. But just FYI they have a fee for the service so decide if it's worth it to you.

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Dmitry Petrov

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I'm in HR and deal with this frequently with laid-off employees. Your coworker is WRONG and gave you terrible advice. In California, severance payments are absolutely considered wages and offset UI benefits. There's no point in filing earlier when receiving severance - you either would have been denied or had your benefits reduced by the amount of severance you were receiving. The EDD actually asks you specifically about severance when you file for this exact reason. You handled this correctly by waiting until your severance ended before filing.

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Giovanni Rossi

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not all HR ppl know this stuff tho... my wife works in HR and even she said half the department gives wrong info about unemployment!! crazy how confusing this system is even for professionals

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OMG I literally made the same mistake but the opposite way!!! I filed for UI right away after getting laid off even though I was getting severance for 8 weeks. Had to report the severance income each certification and got ZERO benefits until the severance ran out. Such a waste of time certifying every 2 weeks just to get $0. Should have just waited like you did!!!

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PixelWarrior

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Thank you for sharing your experience! That confirms that waiting was the right approach. What a relief to know I didn't miss out on anything! The EDD system is so confusing.

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StormChaser

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EVERYONE HERE IS GIVING WRONG INFO!! You CAN backdate your claim up to 30 DAYS from the day you apply without a phone call! Anything more than 30 days requires calling. Login to UI Online and look for "Claim History" then "Backdate Claim". If you don't see this option then your only choice is to CALL THEM. THIS IS WHY YOU NEED TO FILE THE MINUTE YOU LOSE YOUR JOB EVEN IF YOU GET SEVERANCE!!!!!!!

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Dylan Evans

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This is incorrect and potentially harmful advice. The backdate option exists for people who had a legitimate reason for delay in filing, not to circumvent the rules about severance pay. Backdating a claim when receiving severance won't result in payments for those weeks - the system will still count the severance as income during certification, resulting in reduced or zero benefits for those weeks. Filing immediately vs. waiting until severance ends usually results in the same payment amount, just with more paperwork if filing during severance periods.

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Amara Adebayo

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To summarize what everyone is saying: 1. Severance typically counts as wages in California for UI purposes 2. How your severance was paid matters (lump sum vs. ongoing payments) 3. You likely did the correct thing by waiting until severance ended to file One additional point: your benefit year is still 12 months from when you filed in June, so you're not losing any potential weeks of benefits - you're just receiving them over a different timeframe. The maximum number of weeks you can collect in California is still 26 weeks within your benefit year. Since you're already receiving payments, focusing on maximizing your current benefits and job search is likely the best use of your time rather than trying to backdate the claim.

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PixelWarrior

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This is extremely helpful, thank you. I think I understand now - I wouldn't have received benefits during the severance period anyway, and I still get my full 26 weeks starting from June. So I didn't actually lose anything by waiting. That makes complete sense now!

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