EDD hit me with $5,000 overpayment notice after ending UI - can't afford to pay back
I'm in a complete panic right now. Just checked my mail and found multiple letters from EDD saying I owe them $5,000 for an overpayment! I just stopped collecting unemployment in September when I finally found a part-time retail job, but I'm only getting about 25 hours a week. The letters don't even clearly explain WHY I'm being charged with an overpayment or which weeks they're claiming were incorrect. After paying rent, utilities, and my car payment, I literally have less than $300 to my name until next payday. There's absolutely no way I can afford to pay this back. Has anyone dealt with an EDD overpayment situation before? Do they offer payment plans? Can I appeal this somehow? I'm so stressed I can barely sleep.
18 comments
Zoe Alexopoulos
dude this SAME THING happened to me last year!! EDD is such a mess, they hit me with a $6700 overpayment out of nowhere. they claimed i didnt report some income but i swear i did everything right each week. they make the certification process so confusing on purpose i swear.
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CyberSamurai
•Did you end up having to pay it all back? I'm honestly terrified they'll garnish my wages from my new job, and I can barely pay rent as it is.
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Jamal Carter
Don't panic yet! You absolutely have the right to appeal this overpayment. The appeal form should have been included with your notice (DE 1000M). You have 30 days from the date on the notice to file it. Make sure to explain your situation clearly and include any documentation that supports your case. Also request a waiver if the overpayment wasn't your fault - EDD can waive repayment if it would cause financial hardship and you didn't commit fraud.
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CyberSamurai
•Thank you! Yes, there was a form with the letter. I wasn't sure if appeals ever actually work or if they're just a formality. I'll definitely fill it out ASAP. Should I keep trying to call them too or just focus on the appeal?
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Mei Liu
I went through this nightmare in October. The key is figuring out WHY they're claiming overpayment. Check all the letters carefully - there should be one that specifies which weeks they're disputing and why. Common reasons include: unreported earnings, incorrect income reporting, job refusal they found out about, or not meeting work search requirements. Different reasons require different appeal strategies. And yes, they do offer payment plans if your appeal is unsuccessful.
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CyberSamurai
•Looking at the letters more carefully now... it looks like they're saying I didn't meet the "able and available" requirement for 8 weeks when I was caring for my mom after her surgery. But I reported that in my certification and thought I was still eligible since it was temporary! This is so frustrating.
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Liam O'Donnell
THIS IS EXACTLY why everyone hates dealing with EDD!!! they approve you for months then suddenly decide you weren't eligible after they've already paid you?? then demand thousands back when they know people are struggling??? i had a friend who got a $10k overpayment notice and ended up having to sell her car to start paying it back. the whole system is designed to screw over regular people.
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Amara Nwosu
•Yup EDD is seriously broken. I got hit with a $3k overpayment too but I appealed and actually won! Don't give up hope but also don't ignore it because they WILL garnish wages if you don't respond.
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AstroExplorer
If you're having trouble getting through to EDD to discuss your overpayment (which you definitely should try to do), I found this service called Claimyr that got me connected to an EDD rep in under 20 minutes after I spent days getting busy signals. It helped me resolve my overpayment issue so much faster. You can see how it works at claimyr.com or check their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - it was literally the only way I could get through to discuss my appeal options.
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CyberSamurai
•Thanks for the tip! I've been calling constantly and either get a busy signal or it hangs up saying they have too many callers. I'll check this out because I really need to talk to someone directly about this situation.
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Giovanni Moretti
i had an overpayment thing too but for only $1200. main thing is DO NOT IGNORE IT!!!! my cousin ignored hers and they started taking money from her tax returns and eventually garnished her wages. file the appeal asap and if that doesnt work ask for a payment plan. they let me pay like $50 a month which still sucked but was better than nothing
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CyberSamurai
•I definitely won't ignore it! I'm going to fill out that appeal today. Even $50/month would be tough right now but better than them taking my whole paycheck. Thanks for the advice.
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Jamal Carter
One important thing to know: if your overpayment is classified as "non-fraud", you have more options. If you were caring for your mom and reported it, but EDD is now saying you weren't "able and available" for work, you have a good case for appeal. Gather any documentation showing you reported this correctly. Also request an "Overpayment Waiver" using form DE 1446W. For non-fraud overpayments, they can waive repayment if it would cause extraordinary hardship. Make sure to document your financial situation thoroughly with the waiver request.
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Mei Liu
•Yes, exactly this. The "able and available" requirement has exceptions for temporary caregiving situations, especially if you were planning to return to work after the caregiving ended. Make sure to specifically mention this in your appeal and include any documentation of your mother's medical situation if possible. The appeal judge will look at whether you properly reported the situation at the time.
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Liam O'Donnell
FYI i heard from someone who works at legal aid that EDD is sending out TONS of these overpayment notices right now because they're under pressure to recover money after all the pandemic fraud. they're basically hoping people will just pay without appealing. DEFINITELY APPEAL!!!!!
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Giovanni Moretti
•ya my neighbor works for the state (not edd but another department) and said they have quotas for recovery amounts they need to hit each quarter. its like a money grab
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Mei Liu
After you file your appeal, you'll receive a notice for your hearing date. These are typically done by phone now. Make sure to prepare your case thoroughly before the hearing. Have all your documents organized and ready to reference. Be clear and concise when explaining your situation to the Administrative Law Judge. The success rate for appeals is higher than most people think, especially for caregiving situations like yours where you were honest about reporting it. Also, during the appeal process, collections actions are typically paused, which gives you some breathing room.
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CyberSamurai
•Thank you so much for this detailed info. I submitted my appeal today and requested the waiver form. I'm still super stressed but feeling a little more hopeful that I might be able to resolve this. I'm going to start organizing all my documentation now so I'm prepared for the hearing.
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