EDD demanding $8000 repayment with penalties after claiming I was 'unavailable for work' while caring for elderly parents

You absolutely need to appeal this! I went through something similar with my mom's care. File your appeal immediately using the form that came with your disqualification notice. The key with family caregiving cases is proving you WOULD have worked if not for the unique pandemic circumstances. Gather any medical documentation about your parents' conditions, any communications showing you were their primary caregiver, and proof that you were actively seeking remote work that would've allowed you to maintain caregiving. The hearing will be with an Administrative Law Judge who has more flexibility than regular EDD staff to consider pandemic circumstances. Also check if you qualify for the PUA overpayment waiver - there's a separate form for financial hardship.

i had almost the EXACT same thing happen!!!! except it was my grandparents. EDD is so ridiculous they told me "you couldve found work from home jobs" but i was literally doing 24/7 care for both grandparents who had dementia and couldn't be left alone even for a minute. the system is designed to PUNISH people who did the right thing during covid!!

I won my appeal on a similar issue. The trick is to frame your situation correctly: During the pandemic, you were "able and available for suitable work that matched your circumstances." Get documentation that shows your parents needed care (doctor's notes) and that you actively looked for work-from-home positions that would accommodate your caregiving. Focus on the pandemic's unique impact - explain that pre-pandemic you would have found alternative care, but COVID made that impossible. If possible, document any remote job applications from that period. Appeals can take 3-6 months, but payment collection is paused during this time. Good luck!

Have you tried calling EDD to see if you can set up a payment plan before the appeal? Sometimes they'll work with you if you acknowledge the debt but explain your financial situation. I'm dealing with a $4200 overpayment right now (different issue), and they're letting me pay just $75/month. Calling is super frustrating though - took me 37 tries over 3 days to actually get through to someone helpful.

wait can someone explain this to me im confused...does this mean they're coming after everyone who got pandemic unemployment? i thought there was like a special rule for covid that made it ok if u couldnt work bc of family care stuff??

I've been through the EDD appeals process and won. First, don't panic! The Administrative Law Judge (ALJ) hearings are much more reasonable than dealing with regular EDD staff. Document EVERYTHING. Get written statements from doctors about your parents' conditions and COVID risk. If you have any emails or texts discussing your caregiving from that time, gather those too. During your hearing, be calm and factual - explain that you understood caregiving during a pandemic was a valid reason not to work, especially with high-risk family members. The ALJ has authority to consider reasonableness that regular EDD staff doesn't. Most importantly: file your appeal IMMEDIATELY, then gather documents. Don't miss the deadline waiting for perfect documentation.

For your financial hardship concerns - yes, there's a separate process for that. Even if you lose the appeal on eligibility grounds, you can apply for an overpayment waiver based on financial hardship. You'd need to show that repayment would cause extraordinary hardship by documenting your income, expenses, assets, etc. About 60% of hardship waivers get approved if properly documented. But focus on winning the eligibility appeal first, as that would eliminate the penalties too.

One more important thing - in your appeal, specifically address the "able and available" requirement using this language: "During the COVID-19 pandemic emergency, I was able and available for suitable work compatible with my caregiving responsibilities, including remote work. The extraordinary pandemic circumstances created a good cause situation where I had to provide care that would normally have been handled differently." Also, if you're on UI Online, go to your inbox and download ALL communications from that period to show what information EDD provided you about eligibility requirements. Many people were misled about qualification criteria during the pandemic chaos.

If you need legal aid, try Legal Aid at Work or your county's bar association referral service - many offer free consultations for EDD cases. I went through my appeal without a lawyer and won, but my case was pretty straightforward. If you go solo, just be super organized with your timeline and documentation. And whatever you do, don't miss that appeal deadline!

One last suggestion that helped my case: print out the CDC guidelines from 2022-2023 regarding high-risk individuals and COVID precautions. Having official public health documentation that shows why your parents needed protection adds significant weight to your case. The ALJ in my hearing specifically mentioned how helpful that context was in understanding my situation.

I'm dealing with a similar situation right now - got hit with a $5,200 overpayment demand after caring for my disabled sister during the pandemic. What's really frustrating is that EDD's own website during 2020-2021 had information suggesting family caregiving was acceptable, but now they're saying it doesn't qualify under regular UI. I'm planning to argue in my appeal that the constantly changing guidance from EDD created reasonable confusion about eligibility. Also, if you haven't already, request your complete case file from EDD - sometimes there are notes or decisions in there that can help your case. The whole situation feels like they're punishing people who made responsible choices during an unprecedented crisis. Hang in there and definitely don't give up on the appeal!

I'm going through something very similar - EDD is demanding $7,300 back from my 2022 claim when I had to care for my immunocompromised father during COVID. What really gets me is that when I originally applied, the EDD phone rep specifically told me that pandemic-related family care was covered. Now they're saying that conversation "doesn't count" and I should have known better. I've already filed my appeal and gathered medical records showing my dad's high-risk conditions. One thing that's helped me is reaching out to my state assemblyperson's office - they have caseworkers who specialize in EDD issues and can sometimes expedite reviews or provide additional guidance. Also, if you're in Santa Clara County, check if there are any local legal aid organizations that specifically help with unemployment appeals. The stress is unreal, but we can't let them steamroll us when we were following the guidance available at the time!

I'm so sorry you're dealing with this - it's absolutely maddening how EDD is retroactively punishing people who made responsible decisions during an unprecedented crisis. I went through a similar appeal last year (caring for my elderly mother with COPD during COVID) and won, so don't lose hope! A few things that really helped my case: 1) I documented that my mother's doctors specifically advised against outside caregivers due to COVID risk, 2) I showed evidence of applying for remote work that would accommodate caregiving, and 3) I argued that the "able and available" standard should be interpreted in the context of pandemic emergency conditions. The ALJ was much more reasonable than regular EDD staff and actually listened to the unique circumstances. Also, make sure to request any written communications from EDD during your original claim period - if they provided conflicting guidance (which they often did), that strengthens your case. File that appeal immediately and don't let them intimidate you. You did nothing wrong by protecting vulnerable family members during a global health emergency!

I'm dealing with almost the exact same situation! EDD is demanding $6,200 back from when I had to care for my diabetic grandfather during the height of COVID in 2022. What makes me furious is that I specifically called EDD before certifying each week to make sure I was doing everything correctly, and they told me family caregiving during the pandemic was acceptable. Now they're saying those phone calls "aren't documented properly" and don't count as official guidance. I've already started gathering documentation - medical records showing his high-risk status, proof that his usual day care facility was closed due to COVID, and screenshots of EDD's own website from that time period that seemed to support family caregiving as valid. The stress is unreal, especially when you know you were trying to do the right thing by protecting vulnerable family members. Has anyone had luck arguing that EDD's inconsistent and confusing guidance during the pandemic created reasonable reliance on their verbal assurances? I feel like they can't just change the rules retroactively when their own staff was giving conflicting information. Definitely don't give up on your appeal - from what I'm reading here, it sounds like the ALJs are much more understanding than regular EDD staff about the impossible situations families faced during COVID.

I'm so sorry you're going through this nightmare - the stress must be overwhelming! I'm in a similar boat with a $4,800 overpayment demand after caring for my immunocompromised spouse during COVID. What really helped me prepare for my appeal was creating a detailed timeline showing: 1) When my spouse's doctor advised against outside exposure, 2) When their usual care services were suspended due to COVID, and 3) What remote work I applied for during that period. I also found old news articles about the nursing home crisis and care facility closures in our area to show that family caregiving wasn't just a choice - it was often the ONLY safe option. The fact that you're in Santa Clara County might actually help since it was one of the hardest-hit areas early in the pandemic. Document everything about why institutional care wasn't safe or available for your parents during that time. Also, if you certified weekly and answered those "able and available" questions honestly each time, that shows you weren't trying to defraud the system. You were making impossible choices during impossible times, and any reasonable person would understand that. Don't let EDD gaslight you into thinking you did something wrong by protecting vulnerable family members during a global health emergency!

I'm so sorry you're dealing with this - the same thing is happening to so many of us who made responsible choices during COVID! I just went through a similar appeal and WON after EDD demanded $5,400 back for caring for my disabled mother during the pandemic. Here's what worked for me: 1) I emphasized that the pandemic created "extraordinary circumstances" that changed what "suitable work" meant - you were available for work that was compatible with protecting vulnerable family members, 2) I gathered CDC guidelines from 2022-2023 about high-risk individuals to show your caregiving was medically necessary, and 3) I documented how EDD's own messaging during the pandemic was confusing and contradictory. The ALJ was way more reasonable than regular EDD staff and actually understood the impossible position families were in. File that appeal IMMEDIATELY - don't wait for perfect documentation. You can gather evidence while the appeal is pending. Also check if you should have been on PUA instead of regular UI, since PUA explicitly covered family caregiving. The $8,000 feels overwhelming, but remember that collection is paused during appeals, and if you win, the penalties disappear too. You did nothing wrong by protecting your elderly parents during a global health emergency - don't let EDD gaslight you into thinking otherwise!

I'm going through the exact same nightmare right now! EDD hit me with a $7,100 overpayment demand after I cared for my 82-year-old father with heart disease during COVID. What makes it even more infuriating is that I have documentation showing I called EDD multiple times during my claim period specifically asking if family caregiving was allowed, and they told me yes every single time. Now they're acting like those conversations never happened and saying I should have "known better." The gaslighting is unreal! I've already filed my appeal and I'm gathering everything I can - medical records showing my dad's high-risk conditions, proof that his senior day center was closed due to COVID outbreaks, and even some old emails where I was applying for remote work that would let me stay home with him. One thing that's really helped me mentally is connecting with other people going through this same situation. It's validating to know we're not crazy and that EDD really did give contradictory guidance during the pandemic chaos. Don't give up on your appeal - from everything I'm reading here, the ALJs seem much more reasonable than regular EDD staff about understanding the impossible situations families faced. We protected our vulnerable loved ones during a global health emergency and that was the RIGHT thing to do, no matter what EDD says now!

I'm so sorry you're going through this - the stress and financial pressure must be overwhelming! As someone who successfully appealed a similar EDD overpayment case, I want to emphasize that you absolutely have grounds to fight this. The key is framing your situation correctly: during the COVID emergency, you were "able and available for suitable work that was compatible with your extraordinary caregiving circumstances." Document everything - your parents' medical conditions showing high-risk status, any communications with EDD from that time period, proof of remote job searches, and CDC guidelines about protecting vulnerable populations. The fact that you explained your situation during certification and to an EDD rep shows you weren't trying to hide anything. File your appeal IMMEDIATELY (don't wait for perfect documentation), and remember that collection is paused during the appeals process. The Administrative Law Judges handling appeals are much more reasonable than regular EDD staff and have authority to consider the unique pandemic circumstances that made family caregiving medically necessary. You did nothing wrong by protecting your vulnerable parents during a global health emergency - don't let EDD convince you otherwise. Many of us have been in similar situations and won our appeals by showing that the pandemic created extraordinary circumstances that changed what "available for work" meant in practice.