EDD hearing decision says NOT eligible - when will overpayment notice arrive?

Sorry to hear about your situation. Based on my experience, you'll likely receive the overpayment notice within 2-3 weeks after the hearing decision letter. The notice will detail the total amount you owe and provide payment options. Yes, there are overpayment waivers available through the "Notice of Overpayment" form DE 1444. You'll need to demonstrate financial hardship by submitting documentation showing your current income (or lack thereof), expenses, and assets. Being unemployed is definitely a factor they consider. I recommend being proactive - call EDD to confirm the overpayment amount and ask specifically about the waiver application process. Request the Overpayment Waiver application (DE 1446W) if they don't automatically send it with your notice. The sooner you start this process, the better.

same thing happened 2 me last year. got the overpayment notice about 10 days after the decision letter. they wanted like $7800 back!!! total nightmare

I'm going through this exact same situation! My hearing was last week though so I'm still waiting for the decision. Did your letter explain why they found you ineligible? I'm so anxious about this whole process.

Call EDD immediately and request a financial statement form to apply for the waiver. Don't wait for the overpayment notice! The sooner you get your waiver application in, the better your chances. When I went through this in 2024, I waited too long and almost missed the deadline to apply for the waiver. The overpayment waiver (officially called the "Financial Statement" form DE 1446W) is specifically designed for cases of financial hardship. Being unemployed definitely helps your case, but you'll need to document EVERYTHING about your financial situation - bank statements, bills, rent/mortgage, medical expenses, everything. The process takes about 2-3 months from submission to decision. While your waiver is being reviewed, ask for a temporary hold on collections. They can't guarantee it, but sometimes they'll pause collection activities during review. Good luck!

I HATE THE EDD!!! Had the EXACT same thing happen to me and tried calling for TWO WEEKS straight without getting through!!! They never picked up, always "too many callers" message then disconnect. By the time I finally got thru, they said I missed some deadline for the waiver and I was SCREWED. Now they're taking 25% of my new paycheck for the next 18 months!!! The system is RIGGED against us!!

Wait, I'm confused. Are overpayment waivers the same as appeals? I thought once you had a hearing decision that was final? Or is this a different process?

Thanks everyone for the advice. I called EDD this morning and finally got through after waiting 2+ hours. They confirmed my overpayment notice is being processed and will arrive next week. The agent explained I can apply for the waiver by submitting form DE 1446W along with documentation of my financial situation. For anyone reading this with a similar issue, the agent suggested gathering these documents to strengthen the waiver application: - Bank statements showing low/no balance - Unemployment status verification - Monthly expense breakdown - Any medical bills or major expenses - Housing costs documentation I'll update once I receive the notice and submit my waiver application.

i just remmebered, my friend got a overpayment waived last month! she had to show she couldnt pay and didnt commit fraud. took like 2 months to get approved tho. dont give up!

One important thing no one has mentioned: be careful about continuing to certify for benefits while this is being resolved. If you've been disqualified due to the hearing decision but continue certifying and receiving benefits, you could end up with an even larger overpayment. The system sometimes doesn't immediately stop payments even after a disqualification decision. Also, there are two types of overpayment waivers: "no fault" (where you didn't knowingly provide false information) and financial hardship. It sounds like you might qualify for both, which strengthens your case. Make sure to clearly indicate both reasons on your waiver application. And yes, as others mentioned, getting through to EDD is critical for resolving this quickly. I'd recommend trying first thing in the morning when their phone lines open.

hey i know this is kinda off topic but does anyone know if they can garnish your tax refund for EDD overpayments? I'm expecting a refund this year and worried they'll take it

I went through something very similar last year and want to share what worked for me. After getting my hearing decision (also ruled ineligible), I was panicking about the overpayment too. Here's what I learned: Don't wait for the overpayment notice! Call EDD immediately and ask them to send you form DE 1446W (the financial hardship waiver application) right away. I made the mistake of waiting for the official notice and it delayed my waiver application by almost 3 weeks. When you call, also ask them to put a temporary hold on any collection activities while your waiver is being processed. Not all reps will do this, but some will if you explain your financial situation. For the waiver application, be thorough with your documentation. I included: - Bank statements showing minimal funds - Unemployment verification letter - Monthly budget breakdown showing expenses exceed income - Medical bills (if you have any) - Written statement explaining how repayment would cause severe financial hardship My waiver was approved after about 10 weeks. The key is showing you genuinely can't afford to repay without causing serious hardship to your basic living needs. Also, keep detailed records of every interaction with EDD - dates, times, rep names, reference numbers. You'll need this if there are any issues later. Hang in there - the waiver process does work for people in genuine financial hardship!