EDD flagged my claim with penalty weeks from 2020 - appeal process?

I went through this exact nightmare last year. The appeal process isn't actually a court thing, it's an administrative hearing. You'll need to fill out the DE 1000M form explaining why you disagree with their decision or why you never received the notices. When you submit the appeal, request a phone hearing - it's easier than appearing in person. Be prepared to wait though, the appeal process can take 4-6 weeks to get scheduled, and your claim will stay pending during that time.

they did this to me to!!!! said i had penelty weeks but didnt tell me until i reopend my claim 2 yrs later. the EDD is such a mess they loose there own mail and then blame us. SMH

I'm currently a hearing representative for EDD cases. Penalty weeks are serious - they're imposed when EDD believes you willfully misreported information. For your appeal, you'll need to demonstrate either: 1. You didn't receive proper notification (mail records, address changes) 2. The information you reported was actually correct (paystubs, employer statements) 3. Any misreporting wasn't willful (honest mistake) The hearing is conducted by an Administrative Law Judge, usually by phone these days. You don't need a lawyer, but you do need to be organized. Gather all documentation from that period - bank statements showing deposits, work schedules, any communications with EDD. The burden of proof is on EDD to show willful misrepresentation.

If they're saying the notices were sent in 2020 but you never received them, check if you had your mail forwarding set up correctly if you moved during the pandemic. That happened to me - EDD sent important notices to my old address even though I updated my address in UI Online. The appeal hearing is pretty informal, but you should definitely prepare by gathering any evidence about your work hours from that time. Good luck!

Try using Claimyr to get through to EDD directly. I was in a similar situation with penalty weeks and needed to sort it out quickly. Regular calling was impossible - constant busy signals and disconnections. Claimyr got me connected to a rep within 20 minutes who actually helped resolve my issue. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and the site is claimyr.com. Talking to a knowledgeable EDD rep before your appeal can give you better guidance on what specific documents you'll need.

wait does anyone know if u can still get benefits while appealing penalty weeks?? i need to know asap

I'm curious - did the EDD rep tell you exactly how many penalty weeks they're saying you have? That makes a big difference in how long you'll be waiting for payments.

the whole system is rigged against us! they wait YEARS to tell u about a problem then expect us to remember exactly what happend and have proof from years ago!!! its CRAZY

Update on your situation: The 5 penalty weeks means you have to certify for 5 weeks before you can receive any payments. Each week you certify counts as one penalty week served, but you won't receive payment for those weeks. After serving all 5 weeks, any subsequent certifications would be paid if you're otherwise eligible. For your appeal, request all documents EDD used to make their determination. You have the right to see what evidence they're using against you. Filing your appeal quickly is important - you only have 30 days from the notice date.

my freind had this happen an she just kept certifying even with the penalty weeks and eventually the payments started coming thru after she served all the weeks