EDD denied my appeal twice - how to get overpayment waiver when rep says it's only sent once?

The rep gave you incorrect information. Overpayment waivers are NOT "only sent once ever." That's completely false. The EDD can and does issue waiver applications whenever someone has a non-fraud overpayment. Here's what you need to do: 1. Request your claim records through a formal records request to see exactly how your disqualification is coded 2. If there's no mention of fraud or false statement disqualifications (Section 1257(a) of UI code), you likely have a non-fraud overpayment 3. Specifically request the DE 1446 form (overpayment waiver application) 4. Submit the application with documentation of financial hardship The "hasn't posted yet" comment means they haven't finalized the overpayment amount in their system. Once it posts, you'll receive an official overpayment notice with the exact amount they claim you owe.

omg EDD is the WORST ugh!! i went thru similar nightmare last yr when they said i owed $5k back. kept telling me different things every time i called. one lady even hung up on me!! 😡 my disqual wasnt fraud either but took FOREVER to get that stupid waiver form

The distinction between fraud and non-fraud overpayments is critical in your situation. Here are key indicators to help determine your status: Fraud disqualifications usually involve: - Section 1257(a) of UI code citations in decision letters - Language about "willful misrepresentation" or "false statements" - 30% penalties added to the overpayment amount - Potential 2-5 year disqualification from future benefits Non-fraud disqualifications: - Usually Section 1253 violations (eligibility issues) - No penalty percentages added - Language about "not meeting eligibility requirements" If your notices don't mention fraud explicitly and there's no penalty percentage, you likely have a non-fraud overpayment, which is potentially waivable. Request all your claim documents in writing. The "not posted" status simply means they haven't calculated the final amount yet.

Try calling using Claimyr (claimyr.com) - they got me through to EDD in 15 minutes when I was dealing with my overpayment nightmare. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km I was in the same boat - denied appeals and confusing info about overpayments. When I finally got through, I specifically asked for a tier 2 specialist who actually knew the rules about waivers and helped me get the proper forms. Regular reps often give wrong information, so keep trying until you get someone who actually knows the policies.

I had 2 disquals in 2023 & waited almost 6 months for my overpayment to "post" - edd system is SO SLOW!!!!! fyi the DE 1446 form isnt on their website u have to call and request it specifically. the rep told me its only for hardship cases but thats NOT TRUE at all! any non-fraud can be waived if paying back would be "against equity and good conscience" (their actual words lol). dont let them tell u different!!

The rep you spoke with was giving you incorrect information. I work in legal aid, and I can tell you definitively that overpayment waivers are not a one-time-only thing. The process works like this: 1. EDD makes a final determination on your eligibility (which has happened with your appeals) 2. EDD calculates the overpayment amount (this is the "posting" phase you're waiting for) 3. Once the amount posts, they send you a Notice of Overpayment 4. At that point, you can request a waiver using form DE 1446 The reason you haven't received the waiver application yet is because your overpayment hasn't been officially established in their system. Once you receive the actual Notice of Overpayment with a specific dollar amount, you can then request the waiver form. Regarding the fraud/non-fraud distinction: check your disqualification notices for any mention of Section 1257(a) or language about "false statements" or "misrepresentation." If these are absent, you likely have a non-fraud overpayment eligible for waiver consideration.

I went through this EXACT situation last year. Here's what I learned the hard way: 1. Most EDD phone reps DON'T know the correct procedures for overpayment waivers 2. The waiver form (DE 1446) isn't automatically sent - you have to specifically request it 3. You can't get the waiver until after your overpayment officially "posts" and you get the formal notice 4. Non-fraud overpayments can be waived if repayment would cause extraordinary hardship The fact that none of your letters mention fraud is a good sign. Check for any reference to "willful" misrepresentation or false statements. If those aren't there, you likely have a non-fraud overpayment. My advice: keep calling until you get someone knowledgeable. Ask specifically about your disqualification reason and whether it's considered fraud. Don't take "I don't know" for an answer.

I'm so sorry you're going through this - the misinformation from EDD reps is incredibly frustrating! Based on what you've described, that representative was completely wrong about waivers being "only sent once." Here's what I'd recommend as your next steps: 1. Document everything - keep records of all calls, dates, and what each rep tells you 2. While waiting for your overpayment to post, start gathering financial hardship documentation (pay stubs, bills, bank statements) 3. When you call again, specifically ask to speak with a Tier 2 specialist about overpayment waivers 4. Request your complete claim file to review exactly how your disqualification is coded The fact that your letters don't mention fraud is promising - most non-fraud overpayments are potentially waivable. Since your disqualification was in 2022 and appeal denied in November 2024, you're definitely in the typical timeframe for overpayments to still be processing. Don't let them discourage you! Many people have successfully obtained waivers for non-fraud overpayments. The key is persistence and getting the right person who actually knows the procedures. Hang in there!

That EDD rep definitely gave you wrong information! I went through something very similar in 2023 - multiple appeals denied, confusing info from reps, the whole nightmare. Here's what I wish I had known earlier: The "only sent once" thing about waivers is completely false. I actually got my waiver form twice because I lost the first one in all the EDD paperwork chaos! Since your letters don't mention fraud, you're probably looking at a non-fraud overpayment which is good news for waiver eligibility. The key things to look for are: - No mention of "willful misrepresentation" - No Section 1257(a) citations - No penalty percentages (like 30% added to the base amount) The waiting for it to "post" is unfortunately normal - mine took about 4 months after my final appeal was denied. It's maddening but that's just how slow their system is. My biggest advice: start preparing now even while you wait. Gather bank statements, pay stubs, monthly expenses, anything that shows financial hardship. When you finally get that overpayment notice, you'll want to request the DE 1446 form immediately and be ready to submit it with all your documentation. Don't give up! The system is broken but waivers do get approved for people in your situation.