EDD caught a mistake in my earnings - now facing disqualification after 4 months of benefits

First, take a deep breath. This happens more often than you might think. You need to file an appeal ASAP - don't wait the full 30 days. The appeal form should have come with your disqualification notice. When you appeal, include copies of your W2, paystubs showing the overtime in question, and a clear written explanation of why you believe you reported correctly. The 'false statement penalty weeks' means that if they uphold the decision, you'd be disqualified from future benefits for a number of weeks EVEN IF you qualify for a new claim. During your appeal, request an eligibility interview to explain your side directly to an EDD representative.

YES keep certifying even during the appeal process! If you stop certifying and then win your appeal, you won't get those weeks paid retroactively. I went through something similar but it was about severance pay my employer reported incorrectly. Make sure to gather ALL documentation - not just your W2, but every paystub from the period in question, especially ones showing the overtime they're talking about. Also write down a detailed timeline of your employment including when you worked overtime. The more documentation you have, the better your chances.

THE EDD IS SUCH A MESS RIGHT NOW!!! I've been dealing with them for months and they keep making these kinds of errors. They accused me of unreported income too but it turned out THEY mixed up my records with someone else with a similar name!!! It's ridiculous how they just automatically assume you're committing fraud instead of checking their own systems. DEFINITELY APPEAL and demand to speak to a supervisor during your interview. Don't let them intimidate you!!!

My sister had almost the same issue last year! Her employer reported her commission earnings differently than how she reported them. What helped her was contacting her HR department and having them write a letter explaining the discrepancy was due to how commissions were paid out vs earned. Maybe check if there's some accounting explanation for the overtime difference? Sometimes it's just about when money was actually paid vs when it was earned, especially with overtime processing.

im going thru the same thing rn its a nightmare!! been trying to call edd for 2 weeks straight and cant get thru. every morning i start calling at 8am and get the "we're experiencing high call volume" message over and over. how are we supposed to fix these problems if we cant even talk to someone??!! the whole system is designed to make us give up i swear

Update: I called my former employer's HR department and they confirmed the overtime discrepancy! Turns out they reported my October overtime earnings to EDD separately from my regular wages, and EDD counted it twice. HR is sending me a letter explaining the accounting error on their end. I also found a way to get through to EDD (thanks for the Claimyr tip) and spoke with a rep who put a note on my account and said to include the HR letter with my appeal. Feeling slightly more hopeful now!

last year edd said i owed $6700 for overpayment but it was there mistake. took 4 months but i won my appeal. main thing is DONT MISS ANY DEADLINES!!! send your appeal certified mail so u have proof they got it. worked for me good luck

Just to clarify about the false statement penalty weeks since you mentioned not understanding that part - if EDD determines you willfully made false statements, they impose penalty weeks where you can't receive benefits in the future. Each penalty week equals one week of benefits you were overpaid. But if you prove this was an employer reporting error, the penalty weeks should be removed along with the overpayment determination. Make sure you specifically address this in your appeal letter and ask for removal of ALL penalties.

MAKE SURE YOU KEEP CERTIFYING!!! Even during the appeal process!! I say this because I made this mistake and lost out on 6 weeks of payments even though I won my appeal. The system is DESIGNED to trip you up! Also, don't be surprised if you get different answers from different EDD reps - write down the name and ID number of EVERY person you talk to. I caught them contradicting each other multiple times!