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.