EDD hit me with 10-week disqualification AND overpayment notice - how does this work??

I've been through something very similar. The 10-week disqualification is likely a penalty period - did your notice say anything about 'false statement' or 'withholding information'? This usually happens when EDD believes you provided incorrect information either on your current claim or a previous one. During the 10 weeks, you won't receive benefits, but you still need to certify every two weeks and report any work/earnings accurately.\n\nRegarding your question about the overpayment - no, the disqualification doesn't add to your overpayment. They're separate issues. The 10 weeks ARE counted against your benefit year though, which essentially means you lose those 10 weeks of potential benefits even though you're not getting paid for them.\n\nDon't panic yet - you can appeal both determinations within 30 days of the notice date. I'd recommend doing that ASAP with any documentation that supports your case.

Thank you for explaining this! Yes, the notice mentioned something about 'false statement' but I NEVER lied about anything! I reported everything exactly as it happened. It's so frustrating. Do you know if I need separate appeal forms for the disqualification and the overpayment, or can I appeal both with one form?

EDD IS THE WORST!!!! I had the EXACT SAME THING happen to me last year! They told me I was disqualified for 12 WEEKS and that I owed $3,700 bacl!!!! All because they said I didnt report some income from a side gig but I DID report it!!!! They just lost the paperwork or something!!!!!\n\nI tried calling them 50+ times and could NEVER get thru!!! They want us to just give up and pay them!!!

What ended up happening with your case? Were you able to get the disqualification removed or reduce the overpayment amount? I'm wondering if I should just pay the overpayment to avoid collections while appealing the disqualification.

You need to appeal both determinations immediately. You have 30 days from the notice date (not when you received it). Use the DE 1000M form for each issue - submit separate appeals for the disqualification and the overpayment. Be very specific in your explanation and include any documentation that supports your case: termination letter, communication with your employer confirming layoff, proof you updated your address, etc.\n\nThe 10-week disqualification means you won't receive benefits for 10 weeks, but you MUST continue certifying each week to preserve your claim. After the 10 weeks, if your appeal hasn't been resolved, you'll start receiving benefits again assuming you meet all other eligibility requirements.\n\nFor the overpayment, you can request a waiver if repayment would cause financial hardship. Look for the DE 1446W form on the EDD website. If they determine the overpayment wasn't your fault, they might waive it completely.

My cousin had a similar issue and he said if u call early morning right when they open like 8am u have better chance of getting through. He got his overpayment cancelled after talking to a tier 2 specialist who could see all the details

If you need to actually reach EDD about this (which you definitely do!), I'd recommend trying Claimyr. After getting the runaround for weeks and never getting through on the phones, I used their service and got connected to an EDD rep in about 20 minutes. Totally worth it for me when I was dealing with a disqualification issue. They have a demo video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nTheir website is claimyr.com - they basically call EDD for you and connect you once they get through. The rep I spoke with was able to explain exactly why I got disqualified and gave me specific instructions for my appeal.

Thanks for this suggestion. I've been trying to call for three days straight with no luck. I'll check out that service because I really need to talk to someone who can explain what's happening with my claim. Did you end up winning your appeal after talking to them?

I went through this exact situation in January. Here's what I learned from my experience:\n\n1. The 10-week disqualification is completely separate from the overpayment. The disqualification means you won't receive benefits for 10 weeks, but you MUST keep certifying every two weeks during this period.\n\n2. The weeks under disqualification DO count against your benefit year maximum (usually 26 weeks), so you're essentially losing 10 weeks of potential benefits.\n\n3. For the overpayment, you have three options:\n - Pay it back in full\n - Set up a payment plan (they'll work with you on monthly amounts)\n - Request a waiver (if it wasn't your fault AND repaying would cause financial hardship)\n\n4. DEFINITELY appeal both determinations if you believe they're incorrect. You need to file separate appeals for each issue.\n\n5. While your appeal is pending, you're not required to start repaying the overpayment, but interest may accrue.\n\nIn my case, I won my appeal for the disqualification because I was able to prove I was laid off through no fault of my own. For the overpayment, I got it reduced significantly because they found it was partially their error.

HOW did u get your overpayment reduced??? My letter just says I owe them with NO explanation!!!! Did u have to go to an in-person hearing or was it all done by mail???

Hey I work in HR and deal with unemployment claims frequently. Here's my advice:\n\n1. The best part about these notices is that you've been advised of your right to appeal. USE IT!\n\n2. Overpayments typically happen for a few reasons, most commonly:\n • Unreported or underreported earnings\n • Benefits received during periods of ineligibility\n • Incorrect information provided on initial application\n\n3. For the 10-week DQ, they've determined you either misreported something OR there's an issue with your eligibility. You mentioned being laid off due to downsizing - this should make you eligible, so there might be a misunderstanding.\n\nCall and request a detailed explanation of BOTH issues. Make sure to ask:\n • Exactly what weeks the overpayment refers to\n • What specific information they believe was incorrectly reported\n • How they calculated the overpayment amount\n • The specific reason for disqualification\n\nRequest all this in writing if they won't explain clearly over the phone.

Thank you for the HR perspective! I think there must be a misunderstanding because I was definitely laid off - I have the termination letter and everything. When I file the appeal, should I include a copy of my termination letter? And do you know if EDD contacts my former employer during the appeal process?

ok so i had this happen to me last yr. the 10 wk thing totally sucked but i still got benefits after. the weird thing is u still have to certify during those 10 weeks even tho u get nothing. make sure u do this!!! i missed certifying for 2 weeks during my penalty period and had to reopen my claim which was a whole other headache lol

This is an excellent point that many people miss. During a disqualification period, you must continue to certify for benefits every two weeks even though you won't receive payments. If you don't, your claim can be closed and you'll have to go through the reopening process which adds more delays to an already frustrating situation.

I had no idea about this! The notice doesn't mention anything about still needing to certify during the disqualification period. Does this mean I need to be doing my work search activities and documenting them too, even though I'm not getting paid?

same thing happend to my brother! EDD sent him penalty notice for not reporting some income but they sent it to his old address from like 3 years ago even tho he updated it online twice!! he appealed and eventually won but it took like 4 months ugh. they backdated his payments tho so he got all the money eventually. just appeal asap and make sure u use certified mail so they cant say they never received it

4 MONTHS?!?! How are we supposed to pay bills for 4 MONTHS while we wait for their mistake to be fixed?? This system is SOOO BROKEN!!!!