EDD disqualification weeks - do I have to repay benefits or just serve penalty weeks?

This is actually correct. There's an important distinction between disqualification and overpayment in the EDD system. When you're disqualified, it means you weren't eligible for benefits during those weeks, but instead of making you pay back the money, EDD places a "penalty" on your record. You'll need to serve those weeks (go without benefits) next time you file for unemployment. Overpayments are different - those happen when you were paid more than you should have been (like if you reported income incorrectly or EDD made a calculation error). Those DO require repayment plus potential penalties. Just to be clear - this only applies to standard disqualifications. If they determined fraud was involved, that's a whole different situation with different repayment requirements.

im going thru something similar and got a notice that i was DQd for 5 weeks but im supposed to repay the money??? this doesnt make any sense now!!! the letter literally says "overpayment" but also "disqualification" so which is it EDD!! why cant they be clear about anything!!!

I had literally the exact same situation during covid! I was disqualified for 9 weeks and I never got an overpayment notice either. I just reapplied for unemployment last month and yep, I had to serve those 9 weeks with no benefits before I started getting paid. It was rough not getting anything for 2 months but at least I didn't have to pay back the original amount from 2021. So yeah sounds like what they told you is correct.

there's actually 2 different types of disqualification - Section 1257(a) is for eligibility issues and you just serve penalty weeks next time, but Section 1257(b) is for willful misrepresentation and you have to repay PLUS serve penalty weeks. which one was on your judge decision?

If you're really concerned, you could try calling EDD again to double-check. I've been helping my mom with her unemployment issues recently and found a service called Claimyr that helped her get through to an EDD representative quickly instead of calling for days. It's at claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Might be worth using if you want absolute confirmation from another EDD rep about your situation. My mom found it helpful to get different info from different reps since sometimes one person explains things better than another.

This doesn't sound right to me. I got disqualified for 5 weeks during COVID too and I HAD to repay it all plus a 30% penalty on top!! I think the rep gave you wrong info. They ALWAYS want their money back. I would call again and talk to someone else.

The rep is right! My brother's situation: disqualified for 11 weeks in 2020, appealed and lost, never got overpayment notice. He filed new claim in 2023, served the 11 weeks (no payments), then benefits started. No repayment required. Depends on WHY you were disqualified though.

Thanks everyone for the helpful info! I'm going to call EDD one more time to confirm and make sure I understand everything correctly. Will update if I learn anything new that might help others in the same situation. The unemployment system is so complicated sometimes!

UPDATE: I called again and spoke to a different rep who confirmed what the first one said. Because my disqualification was related to availability for work (Section 1253) and NOT false statement/willful misrepresentation (Section 1257b), I only need to serve the weeks next time I apply, no repayment needed! Such a relief!

This is such valuable information! I've been in a similar situation and was panicking about potential repayment. It's really helpful to see the distinction between Section 1253 (availability issues) and Section 1257(b) (false statements). For anyone else dealing with this, I'd recommend checking your determination letter carefully for which specific section your disqualification falls under - it makes all the difference in whether you just serve penalty weeks or have to repay money. Thanks for sharing your experience and the update!

Welcome to the community! I'm glad this thread helped clarify things for you. The EDD system can be really overwhelming, especially when you're dealing with disqualifications and not sure what the consequences are. Definitely look for those section numbers on your determination letter - that's the key to understanding whether you're dealing with a standard disqualification (just serve penalty weeks) or something more serious that requires repayment. If you have trouble understanding your paperwork, don't hesitate to call EDD for clarification like Sofia did. Sometimes it takes talking to multiple reps to get a clear answer, but it's worth it for peace of mind. Feel free to ask questions here too - this community has been really helpful for sharing real experiences with EDD issues!

This is such a helpful thread! I've been dealing with a similar situation from 2022 where I was disqualified for 6 weeks due to a job separation issue. I never received an overpayment notice either and have been wondering if I'd need to repay or just serve penalty weeks. Reading through everyone's experiences, especially the distinction between Section 1253 and Section 1257(b), is really eye-opening. I think what's frustrating is that EDD doesn't make these differences clear when they send out determination letters. You basically have to become an expert in unemployment law just to understand what your situation means! Sofia, thanks for following up with that second call - it's really reassuring to see confirmation from multiple reps. I'm going to dig out my old paperwork and look for those section numbers, then probably call EDD myself to confirm my situation. Has anyone else noticed that the EDD website doesn't really explain these distinctions clearly? It would save so much stress if they had better information available online about what different types of disqualifications actually mean for claimants.

As someone who's been helping people navigate EDD issues for a while, I can confirm what Sofia learned is correct. The key distinction everyone should understand is: **Standard Disqualifications (Section 1253/1257(a)):** You serve penalty weeks next time you file, but no repayment required. This includes issues like: - Not being available for work - Refusing suitable work without good cause - Job separation issues (quit without good cause, fired for misconduct) **False Statement Penalties (Section 1257(b)):** You must repay the money PLUS serve penalty weeks. This happens when EDD determines you intentionally provided false information. The confusion often comes from EDD's poor communication. Many people get disqualified and automatically assume they owe money back, but that's only true for false statement cases. If you never received an official overpayment notice in the mail, that's usually a good sign you're dealing with standard disqualification. For anyone still unsure, look for these key phrases on your determination letter: - "False Statement Penalty" = repayment required - Standard disqualification language without fraud mentions = just penalty weeks When in doubt, definitely call EDD for clarification like Sofia did. Getting it in writing via their online portal is even better if possible.

This entire thread has been so educational! I'm relatively new to this community and have been dealing with my own EDD confusion for months. What really strikes me is how many of us have been in similar situations - disqualified during COVID, stressed about potential repayment, but never actually receiving clear guidance from EDD about what it all means. The breakdown of Section 1253 vs Section 1257(b) that several people provided is golden information. I had no idea these distinctions existed or that they had such different consequences. Like so many others here, I've been losing sleep over potentially owing thousands of dollars when I might just need to serve penalty weeks if I ever file again. Sofia, thanks for being so thorough with your follow-up calls and updates - it really helps to see someone go through the process and get confirmation. And to everyone else who shared their actual experiences rather than just speculation, this is exactly the kind of real-world information that makes this community valuable. I'm definitely going to dig up my old paperwork and look for those section numbers now!

This has been such an enlightening discussion! I'm new to this community and have been dealing with a similar situation from 2020 where I was disqualified for 8 weeks. Reading through everyone's experiences, especially the detailed explanations about Section 1253 vs Section 1257(b), has been incredibly helpful. What really resonates with me is how many of us have been carrying this stress for years without clear guidance from EDD. I never received an overpayment notice either, but like Sofia, I've been worrying about having to repay thousands of dollars. The distinction between standard disqualifications (serve penalty weeks) and false statement penalties (repay + penalty weeks) is something I wish EDD made clearer from the start. I'm planning to follow Sofia's approach and call EDD to get confirmation about my specific situation. It's so valuable to see real experiences shared here rather than just speculation - this community seems like exactly the resource I needed to finally understand what my disqualification actually means. Thanks to everyone for sharing their knowledge and experiences!

I just joined this community and this thread has been incredibly helpful! I've been dealing with a similar 2021 disqualification situation and had no idea about the distinction between different types of disqualifications. Like so many others here, I've been stressed about potential repayment for years without really understanding what my case actually meant. The explanations about Section 1253 vs Section 1257(b) and the real experiences people shared (especially Sofia's follow-up calls and StarSailor actually serving penalty weeks) give me hope that my situation might not be as bad as I feared. I never received an overpayment notice either, so based on what I'm learning here, I might just need to serve penalty weeks if I ever file again rather than repay money. It's frustrating that EDD doesn't explain these distinctions clearly, but this community seems like exactly what I needed to finally understand the system. Thanks to everyone for sharing actual experiences rather than just guessing - it's made all the difference in helping me figure out my next steps!

This thread has been absolutely invaluable! I'm new to this community and have been dealing with my own EDD confusion from a 2021 disqualification. Like so many others here, I've been carrying the stress of potentially owing thousands in repayment without really understanding what my situation actually meant. The distinction between Section 1253 (standard disqualifications - just serve penalty weeks) and Section 1257(b) (false statement penalties - repay + penalty weeks) is information I wish I'd had years ago! It's incredibly frustrating that EDD doesn't make these differences clear in their communications. I never received an overpayment notice either, so based on everything I'm learning here, I'm cautiously optimistic that I might just need to serve penalty weeks rather than repay money. Sofia, thank you for being so thorough with your follow-up calls and updates - seeing someone actually go through the process of getting confirmation from multiple EDD reps is exactly what I needed to see. And to everyone who shared their real experiences rather than speculation, this is the kind of practical information that makes this community so valuable. I'm definitely going to call EDD myself now to get clarity on my specific situation!