EDD disqualified ALL my pandemic payments from 2020-2021 due to medical issues - refusing to pay back!
Just got blindsided by EDD after 4 years! They called yesterday saying they've disqualified ALL my unemployment payments from the pandemic period (March 2020-September 2021). My UI Online account now shows every single payment labeled as 'disqualified' - we're talking about $28,750 total they expect me to repay! The EDD rep said because I had documented medical issues that prevented me from accepting certain types of work, I was technically 'not able and available' for work during that time. Are you kidding me?? I had a doctor's note saying I needed to avoid public-facing positions due to being immunocompromised during a GLOBAL PANDEMIC. I explained this clearly on my original application and during my certifications. Never hid anything. Now they're saying I should have been on disability instead? I'm absolutely furious and refusing to pay this back. Has anyone successfully fought an overpayment determination from the pandemic period? What's the appeal process like? This feels like a total scam targeting vulnerable people years later!
20 comments
Connor Richards
This is unfortunately becoming common. EDD is doing massive retroactive reviews of pandemic claims. The key issue here is the 'able and available' requirement - even during the pandemic, you needed to be available for some type of work (even remote work). You should immediately file an appeal - you only have 30 days from the disqualification notice date. The form is DE 1000M. Make sure to include copies of: - Your doctor's documentation - Any communications showing you disclosed this information - Evidence you were seeking work you could do safely Also request a 'financial hardship waiver' if repayment would cause significant financial burden. The appeal hearing will be scheduled 2-3 months out, but the collection process is paused while appealing.
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Zoe Wang
•Thank you for this info! The notice is dated May 3rd so I still have time. I'm definitely filing the appeal ASAP. I was absolutely looking for remote work during that period (applied to at least 15-20 WFH positions). Do I need a lawyer for the appeal hearing? This amount would completely bankrupt me.
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Grace Durand
OMG this is TERRIFYING!!! I had a similar situation with health issues but haven't heard anything from EDD yet. Did they just call you out of the blue? No letter first??? I'm freaking out now thinking they might come after me too. How far back can they even go to demand repayment???
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Steven Adams
•They can go back and review claims from any time period, but they generally focus on the past 3 years. If you provided accurate information when you filed, you should be fine. Most disqualifications happen because of unreported income, incorrect availability status, or identity verification issues. The statute of limitations for EDD to recover overpayments is typically 3 years for non-fraud cases, but can be extended to 6 years if they determine willful misrepresentation.
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Alice Fleming
i got hit with this two months ago, they said i wasnt eligiable for PUA becuz i quit my job in feb 2020 (before lockdowns) even tho i told them that at the time and they approved me!! now they want $19,200 back. sent in my appeal but havent heard anything yet. this is such BS, they approved everyone no questions in 2020 and now want it all back when ppl have already used that money to SURVIVE a pandemic!!
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Zoe Wang
•Exactly!!! They approved us all without question and now coming back years later saying 'oops never mind.' How's your appeal going? Have you gotten a hearing date yet? I'm worried about how long this will drag out.
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Hassan Khoury
You need to call EDD immediately to discuss your specific case details and appeal options. I went through a similar situation last year with a $15,600 overpayment claim. The problem is getting through to someone who can actually help. I spent 3 weeks trying to reach a Tier 2 specialist who could access my case notes and explain the disqualification details. Regular agents couldn't see the specifics. After 40+ attempts, I finally used Claimyr (claimyr.com) to get through - they have a system that connects you directly with EDD agents. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once I got through to the right person, I was able to get detailed information that helped me prepare a much stronger appeal. In my case, they reduced the overpayment by 70% after I provided additional documentation.
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Victoria Stark
•does that claimyr thing actually work? ive been calling edd for 2 weeks straight with no luck. keep getting the "we're experiencing high call volume" message and then they hang up. so frustrating!
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Hassan Khoury
@7 Yes, it worked for me when nothing else did. The key is that it gets you past that initial barrier where they disconnect you. You'll still wait on hold, but at least you're in the queue. Make sure when you do get through, you ask specifically for a Tier 2 specialist who can review disqualification decisions.
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Zoe Wang
•I'll check out that service - I've already called 8 times today and can't get through. I need to speak with someone who can explain exactly why they reversed their decision after 4 years! It feels like they're just trying to claw money back now that the pandemic programs have ended. Do you know if I should continue certifying while this is under appeal?
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Connor Richards
@5 Yes, if you have an active claim you should absolutely continue certifying while appealing. The appeal only addresses the disqualified weeks, not your current eligibility. Also, gather any emails or documentation from your initial application that shows you disclosed your medical situation. One more tip: contact your state assembly member's office. They have EDD liaisons who can sometimes get information or escalate cases when you can't get through directly. Just Google "[your county] state assembly member" to find yours.
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Grace Durand
•I never thought of contacting my assembly person!!! Great idea! My friend did that for a DMV issue and it got resolved in like 2 days after months of nothing happening!
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Benjamin Kim
This is exactly why I kept EVERY SINGLE PIECE of correspondence with EDD during the pandemic. I had a feeling they'd try something like this years later. I printed all my certifications, took screenshots of my work search activities, and saved all emails. You mentioned having a doctor's note - that's critical for your appeal. The judge will want to see that you were looking for work you could safely perform with your medical condition. Did your doctor specifically state you could work remotely? That distinction might be the difference in your case.
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Zoe Wang
•My doctor's note specifically said I should avoid "public-facing positions with high exposure risk" due to my compromised immune system. It didn't explicitly say I could work remotely, but it was clearly implied that non-public-facing work would be ok. Should I get an updated letter from my doctor clarifying this point before the appeal hearing?
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Benjamin Kim
YES - definitely get an updated letter from your doctor that specifically mentions you were able to work in remote/non-public-facing roles during that time period. Make it crystal clear. The more specific, the better. Administrative law judges in EDD cases tend to be very literal in their interpretations. If your doctor can reference their notes from 2020-2021 to show this was their recommendation at that time (not just a current opinion), that would be ideal.
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Zoe Wang
•Thanks! I'll call my doctor tomorrow. Thankfully she's still my primary physician so she should have all the records from that period. This is all so stressful... I never imagined having to defend myself years later for benefits that were approved at the time.
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Victoria Stark
wait i'm confused... if you had medical issues that prevented you from working certain jobs, shouldn't you have been on disability (SDI) instead of regular unemployment? i thought UI was only if you could accept any suitable work...
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Connor Richards
•That's the nuance here that matters for the appeal. During the pandemic, being 'able and available' for work had some flexibility, especially with the PUA program. You didn't need to be available for ANY work, just SUITABLE work. If OP was able and actively looking for remote work or non-public facing positions that accommodated their medical situation, they could still qualify for UI/PUA rather than disability. Disability is for when you cannot work at all due to medical conditions. This is likely where EDD is making their determination error.
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Steven Adams
Based on what you've shared, you have a strong case for appeal. Here's what you need to focus on: 1) The distinction between being completely unable to work (which would require disability) versus being able to work with reasonable accommodations (which can qualify for UI) 2) Evidence that you were actively seeking suitable work that accommodated your medical condition 3) Documentation showing you disclosed your situation from the beginning 70-80% of appeals that are well-prepared with documentation end up with at least partial reversals of overpayment determinations. The appeals board understands the unprecedented nature of the pandemic period. Also, if your appeal is unsuccessful, request a waiver of overpayment based on equity and good conscience. These are being granted quite frequently for pandemic-era claims when the claimant acted in good faith.
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Zoe Wang
•This is really helpful - thank you! I'm gathering all my documentation now including work search records showing I was applying for remote positions. I'll definitely request the waiver if needed. The thought of having to repay nearly $29K is causing me extreme anxiety.
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