EDD denying benefits for 12 weeks due to penalty - Should I still certify during appeal?

YES keep certifying!!! Even during penalty weeks you MUST continue to certify for any weeks you're eligible. The system still prompts you because you need to maintain your claim. If you stop certifying, you'll lose those weeks completely even after your penalty period ends. The penalty weeks basically count down as you certify - each week you certify during the penalty counts as 1 week served of your 12-week penalty. Source: happened to me last year with an 8-week penalty.

omg same thing happened to my cousin. he missed the first notice bcuz he moved and didnt update his address with edd. ended up with like 10 penalty weeks and a huge overpayment bill. its so frustrating!!

You absolutely need to keep certifying during penalty weeks. It's essential to understand that penalty weeks aren't the same as disqualification. With penalty weeks: 1. You must continue certifying each week 2. Each week you certify counts as one penalty week served 3. You won't receive payment during the penalty period 4. After serving all 12 penalty weeks, you'll start receiving payments again IF you remain eligible Regarding appealing the second notice - you technically can still file an appeal, but you'll need to explain why you missed the first deadline. Appeals filed after the deadline require "good cause" explanation. Vacation unfortunately rarely qualifies as good cause, but it's still worth trying if you have compelling circumstances. For the overpayment, you can request a waiver if repayment would cause financial hardship. Look for the "Overpayment Waiver Request" form DE 1446W on the EDD website.

Has anyone else noticed that EDD is impossible to reach these days??? I swear the phone lines are worse than ever in 2025. I got the same runaround last month trying to fix an identity verification issue and wasted like 30 hours calling.

THE WHOLE SYSTEM IS DESIGNED TO MAKE U FAIL!!! I went thru somthing similar in january and they gave me 15 penalty weeks for "misreporting" even tho I answered everything 100% correct. The appeal process is a JOKE and most judges side with EDD no matter what. And they make it IMPOSSIBLE to reach anyone who can actually help. I spent 6 months fighting my case and still lost.

wait what actually causes penalty weeks? i'm confused about the difference between penalty weeks and disqualification?

Update: I finally submitted an appeal for the second notice today. I included documentation about the family emergency that happened during my vacation (which is why I missed checking mail). I'm going to keep certifying every two weeks as suggested here. Also, I tried that Claimyr service someone mentioned and actually got through to EDD this morning! The rep confirmed I should keep certifying during penalty weeks but said my chance of winning the appeal is pretty low since it's past the deadline. She suggested I should focus on requesting an overpayment waiver based on financial hardship. Will update once I hear about the appeal. Thanks for all the advice!

I'm going through something similar right now and this thread has been incredibly helpful! I just wanted to add that if anyone is dealing with penalty weeks, make sure to screenshot your UI Online account showing the weeks available to certify. I learned this the hard way when EDD tried to claim I hadn't been maintaining my claim properly during my penalty period. Having those screenshots saved me when I had to prove I was following their system prompts to certify. Also, when you do get through to EDD (whether through Claimyr or just persistence), ask them to put notes in your file about the conversation - get the rep's name and badge number if possible. The system is frustrating but documentation is everything with EDD appeals and waivers.

Just wanted to chime in as someone who went through penalty weeks in 2024. Everything everyone is saying about continuing to certify is absolutely correct - DO NOT STOP CERTIFYING even though you won't get paid during the penalty period. I made the mistake of thinking "why bother if I'm not getting money" and stopped certifying for 3 weeks. Big mistake! Those weeks didn't count toward my penalty and I basically extended my punishment period. For your appeal situation, don't give up hope even though the EDD rep said your chances are low. I've seen people win late appeals with solid documentation of emergencies. The key is being very specific about dates, why you couldn't respond, and providing any proof you have. Medical records, hospital bills, travel receipts - anything that shows you had a legitimate emergency during that time. Also wanted to mention that if you do end up owing an overpayment, definitely apply for the hardship waiver (form DE 1446W) but ALSO look into setting up a payment plan as a backup. Even if the waiver gets denied, you can often negotiate a very low monthly payment that won't break your budget. I ended up paying $25/month for my overpayment which was way more manageable than the lump sum they originally wanted. Hang in there - this process is incredibly stressful but you're doing the right things by staying on top of it and seeking advice!