EDD demanding full repayment of benefits - just lost my job and can't afford it!
I'm completely freaking out right now. I was receiving unemployment benefits for about 3 weeks after losing my restaurant manager position. Then yesterday I got this notice saying I'm 'ineligible' for benefits and need to repay EVERYTHING I received (around $1,850) immediately! How is this even possible? They approved me initially! The letter mentions something about 'insufficient qualifying wages' but I worked full-time for over a year before being laid off. I literally just used that money for rent and groceries. I have ZERO savings, no job, and now they want me to pay back nearly $2K that I don't have? Do I have any options here or am I just screwed? Has anyone successfully appealed one of these overpayment notices?
17 comments
Yuki Tanaka
You need to appeal this ASAP! You only have 30 days from the date on the notice to file your appeal. Don't wait. I went through something similar last year where they said I didn't have enough base period wages, but it turned out they were missing one of my employers. The appeal form is called DE 1000M, and you can submit it online through your UI Online account or mail it. Make sure to clearly explain why you believe you qualify - include your work history details, how long you worked, and your approximate earnings. Also gather any documentation that proves your employment - W2s, pay stubs, employment verification letters, etc. While your appeal is pending, you don't have to repay yet, but interest may continue to accrue.
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NeonNova
•Oh thank you!! I didn't know about the 30 day limit - the notice is dated 10 days ago so I need to move fast. Do I need to keep certifying for benefits while the appeal is happening? And should I try calling them to explain or just focus on the appeal?
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Carmen Diaz
dont panic!! this happens to so many ppl. my brother had the same thing and he appealed it and won. sometimes EDD just messes up the wage calculations or they don't have all your employment info
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Andre Laurent
•Yeah this is SO common with EDD. They are notorious for having incorrect wage info. I had a coworker who got the same notice and it turned out they were missing an entire quarter of her wages. Complete system failure on their part. Once she proved her actual wages with her paystubs they reversed the whole thing.
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Emily Jackson
Definitely appeal, but be prepared that the process can take a while. In the meantime, you can request a waiver of overpayment if repaying would cause financial hardship, which sounds like it would in your case. You can also request an installment plan instead of a lump sum repayment. On the appeal form, make sure to check the box requesting an overpayment waiver review. Also, double-check that they have all your employers listed correctly for your base period (the 12-15 months before you filed your claim). Sometimes they're missing wages from some employers, which can cause the 'insufficient qualifying wages' determination.
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NeonNova
•Thank you so much! I didn't even know about the waiver option - that would be a lifesaver. I'm wondering if they missed one of my employers because I worked at two different restaurant locations under the same parent company last year. Maybe they only counted one? Is there a specific form for the waiver or is it part of the appeal form?
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Liam Mendez
THE SAME EXACT THING HAPPENED TO ME!!! They paid me for 5 weeks then suddenly said I didn't qualify and demanded $2,450 back!! I tried calling like 50 times and NEVER got through - just the "we're experiencing high call volume" message over and over. I finally found a service called Claimyr that got me connected to an EDD rep within 20 minutes (claimyr.com - they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km). When I finally got through, the rep looked at my account and discovered they had my employment dates wrong. One quick correction and they reversed the whole overpayment! Worth trying before going through the whole appeal process because it was resolved in days rather than months.
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Sophia Nguyen
•is that service legit? seems kinda sketchy to pay someone just to call edd for you
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Jacob Smithson
Listen, EDD is a complete disaster and they do this ALL THE TIME. Their computer systems are ancient and they constantly make errors. I got the same notice last year and I just ignored it because I knew I qualified. BIG MISTAKE. They started garnishing my tax refunds and even put a lien against me. Don't be like me - respond immediately! Their favorite trick is to say you don't have enough wages when they simply don't have all your wage information. The burden is on YOU to prove you qualify, not on them to get it right the first time. The system is designed to hope you just give up and pay.
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NeonNova
•Oh god, tax refund garnishment sounds horrible. I'm definitely going to appeal right away. Did you eventually get it resolved or are they still coming after you?
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Andre Laurent
When you file your appeal, make sure to specifically request a waiver of overpayment due to financial hardship. Also, request that they review your wage records. If you worked for multiple employers, make sure to list ALL of them on your appeal form. The key is to be super specific about dates and employers. They might have just missed some of your work history. Keep certifying for benefits while your appeal is pending if you're still unemployed! If you win your appeal, they'll release those payments to you.
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NeonNova
•Thank you! I wasn't certifying anymore because I got so scared after getting that notice. Should I start certifying again? And do I need to mention the overpayment when I certify?
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Yuki Tanaka
Yes, absolutely continue certifying! Even while your appeal is pending, you should keep certifying for every two-week period. If your appeal is successful, you'll receive all those pending payments. If you don't certify, you won't get paid for those weeks even if you win your appeal. Regarding your original issue - check your EDD award letter. It should show your base period wages for each quarter. Compare that with your actual earnings from paystubs or W2s. If there's a discrepancy, that's your evidence for the appeal. And don't worry about mentioning the overpayment during certification - just answer the certification questions honestly as usual.
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NeonNova
•I just checked my award letter and I see the problem! They only show wages from one employer even though I worked at two different locations (different payroll systems) under the same restaurant group. The missing wages would definitely put me over their minimum threshold. I'm feeling so much better now that I understand what happened!
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Carmen Diaz
keep us updated!! hope it works out for u
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Jacob Smithson
This is definitely a workable situation! Here's what you should do: 1. File the appeal IMMEDIATELY (DE 1000M form) 2. Include copies (not originals) of pay stubs, W2s, or anything showing your work history 3. Write a clear explanation that they missed some of your wages 4. Request an overpayment waiver due to financial hardship 5. Keep certifying every two weeks 6. If possible, try calling EDD to explain the situation Most importantly - don't ignore this! Responding quickly and thoroughly usually resolves these issues.
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NeonNova
•Thank you for this clear list! I just submitted my appeal online through UI Online with scanned copies of all my pay stubs showing both employers. I also requested the waiver and explained my financial situation. Now I just have to find a way to get through to someone on the phone to explain directly. Feeling much more hopeful now!
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