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

Just got hit with a second Notice of Denial of Benefits and Overpayment for my claim from August 2023. The first notice came while I was on vacation and I completely missed the appeal deadline (totally my fault). This new notice says I'm denied benefits for 12 weeks starting March 24, 2025. The weird thing is my UI Online account still shows weeks available to certify! I'm confused - should I keep certifying during this penalty period while I try to appeal the second notice? Will certifying help my case or make things worse? I've been calling EDD non-stop but getting nowhere. Anyone dealt with penalty weeks before?

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19 comments

Dyllan Nantx

•14d

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.

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Anna Xian

•14d

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.

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Rajan Walker

•14d

Try Claimyr - it's the only way I've been able to get through to EDD lately. It basically automates the calling process for you and gets you in the queue. Saved me days of frustration when I had penalty weeks assessed incorrectly. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Worth it completely, especially for urgent issues like penalty weeks or overpayments where you need to talk to a human ASAP.

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Anna Xian

•14d

Penalty weeks typically result from unintentional program violations, like incorrectly reporting work or income. Disqualification happens when EDD determines you willfully misrepresented information or committed fraud. The main differences: - With penalty weeks, you still certify but don't get paid for X number of weeks - With disqualification, you're ineligible for benefits entirely for the disqualification period - Penalty weeks must be "served" during weeks you'd otherwise be eligible - Disqualifications often come with longer benefit prohibitions and larger overpayments Both can result in overpayments that need to be repaid.

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Destiny Bryant

•14d

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!

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