EDD overpayment appeal denied because I missed interview call - Can Assemblymember help?
I'm in a total panic mode right now. I got hit with a $7,800 EDD overpayment notice back in January, immediately filed an appeal, and finally got scheduled for a phone interview last week. The problem? My 2-year-old knocked my phone into the toilet literally 20 minutes before the call (not making this up). By the time I got to my neighbor's house to use their phone, I had already missed the call by 15 minutes. I called EDD back immediately but kept getting the "we're experiencing high call volume" message. Yesterday I got the decision letter saying my appeal was DENIED because I "failed to appear for the scheduled interview." Now I'm supposed to pay back all that money plus a 30% penalty because of my toddler's phone fascination?? Has anyone successfully gotten help from their Assemblymember or State Senator with this kind of situation? I've heard they can sometimes intervene when EDD is being unreasonable. I live in Sacramento area if that helps. Any advice would be so appreciated - I'm a single parent and there's absolutely no way I can afford this.
23 comments


Cedric Chung
YES! Assemblymembers can 100% help with this. I had a similar situation (missed interview due to being in the hospital) and my appeal was denied. I contacted my Assemblymember's office and they have staff specifically assigned to EDD cases. They submitted an inquiry on my behalf, and within 2 weeks I got a call to reschedule my interview. The key is to contact the Assemblymember who represents YOUR specific district - you can look this up on findyourrep.legislature.ca.gov. Make sure you have all your documentation ready - the denial letter, your original appeal, and a brief explanation of the circumstances. They'll have you fill out a privacy release form so they can legally inquire about your case.
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Hailey O'Leary
•Thank you so much for this ray of hope! Did you just call their office directly or is there a specific process? I'm definitely going to look up my rep right now.
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Talia Klein
my freind tried this and it didnt work for him but i think he waited too long like 3 months after the denial. u should do it ASAP dont delay!!!
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Hailey O'Leary
•Oh that's good to know - I'll call tomorrow morning first thing!
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Maxwell St. Laurent
This is EXACTLY why the EDD system is broken beyond repair. They make these ridiculous rules with zero flexibility for real life situations. I had a similar experience last year with an overpayment notice for $5,200 that was THEIR mistake not mine!!! They scheduled my interview during my work hours, I asked to reschedule, and they denied it. Then denied my appeal when I couldn't answer. I ended up having to set up a payment plan because I couldn't fight them anymore. The system is DESIGNED to exhaust you until you give up. It's disgusting how they treat people who are already struggling.
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Hailey O'Leary
•I'm so sorry that happened to you. It feels like they're banking on people giving up because the process is so draining. I'm definitely feeling that exhaustion already.
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PaulineW
I work for a legal aid organization that helps with EDD issues, and I can confirm that contacting your Assemblymember is actually one of the most effective strategies. They have dedicated EDD liaisons who can often cut through red tape that would take months otherwise. However, you should also immediately file for a second-level appeal with the California Unemployment Insurance Appeals Board (CUIAB). You only have 30 days from the date on your denial letter. This preserves your rights while the Assemblymember is working on your case. In your second-level appeal, clearly explain the extenuating circumstances of your missed call, and request a new hearing. Include any evidence of your attempts to contact EDD immediately after missing the call.
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Hailey O'Leary
•Thank you for this professional advice! I didn't even know about the second-level appeal option. The denial letter just arrived yesterday, so I still have plenty of time to file that. Should I mention in my appeal that I'm also contacting my Assemblymember?
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Annabel Kimball
lol welcome to edd hell. good luck getting anyone to actually help. been there done that got the t-shirt.
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Chris Elmeda
When I had issues contacting EDD about my claim (got disconnected 14 times in one day!), I tried using a service called Claimyr and it actually worked - they got me connected to a real EDD rep in about 20 minutes. They have a video showing how it works at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Might be worth trying while you're also pursuing the Assemblymember route. Having a conversation with an actual EDD rep about your situation could potentially help - at minimum they could document in their system that you're actively trying to resolve this. The website is claimyr.com if you want to check it out.
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Hailey O'Leary
•Thanks for the tip! I've never heard of this service before. At this point I'll try anything that might help my case.
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Talia Klein
•does this actually work??? i thought it was impossible to get thru to EDD on the phone
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Chris Elmeda
•It worked for me twice. Not instant but way better than calling for days on end. They basically keep dialing and navigating the phone tree until they get a spot in the queue, then they call you and connect you.
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Jean Claude
I volunteered for an Assemblymember's office during the pandemic and specifically helped with EDD cases. Here's what you need to know: 1. Contact your specific district's Assemblymember (not just any Assemblymember) 2. You'll work with a caseworker who handles EDD issues 3. They'll have you complete a privacy release form 4. They have direct channels to EDD's legislative unit (which regular people can't access) 5. The process usually takes 2-3 weeks 6. Have a clear, concise explanation of your situation (emergency phone issue, immediate attempts to call back) 7. Include all relevant claim numbers, dates, and documentation Assemblymembers help with these cases because it's a constituent service they can actually solve, which makes voters happy. Their success rate with EDD issues was honestly impressive - about 70-80% of cases got resolved favorably when I was there.
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Hailey O'Leary
•This is incredibly helpful information! Thank you so much for the detailed steps. I'm definitely feeling more hopeful now. I've found my Assemblymember and will be calling first thing tomorrow.
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PaulineW
One more important tip: When you're explaining your case to the Assemblymember's office, focus specifically on the procedural unfairness - that you had an emergency situation, tried to contact EDD immediately, and were denied due process. Don't get into the details of the original overpayment issue yet. The immediate goal is to get a new appeal hearing scheduled. Many people make the mistake of trying to argue their entire case with the Assemblymember's office, when their power is primarily in helping you navigate procedural barriers.
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Hailey O'Leary
•That makes a lot of sense. So I should focus on just getting a new hearing scheduled rather than trying to argue the merits of my overpayment case. I'll definitely keep this in mind - thank you!
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Talia Klein
btw my freind said when he talked to his assembly persons office they told him to bring the denial letter and any proof that u tried to call them back after missing the call so maybe save ur phone records showing u called edd that day!!!!
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Hailey O'Leary
•Great tip! I'll pull my phone records right now to show all my calls to EDD after I missed their call. Thank you!
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Maxwell St. Laurent
Wait I'm confused about something - are you appealing an overpayment determination or a disqualification? Because those are handled differently. If it's an overpayment determination and you missed the interview, that's one thing. But if it's a disqualification and you missed the eligibility interview, that's totally different and they might be more willing to reschedule. The EDD systems are SO CONFUSING and they do this on purpose!
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Hailey O'Leary
•It's definitely an overpayment determination. They're saying I wasn't eligible for some weeks I received payment for last year, so now they want all that money back plus the penalty. Sorry if I wasn't clear!
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Maxwell St. Laurent
•Ugh that's the harder one to fight but still worth trying with the Assemblymember! The whole system is rigged I swear.
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Charity Cohan
I had a problem with my certification and couldn't get through to anyone at EDD for weeks. My son told me to contact my assemblyman and they fixed everything in like 4 days! I was shocked how fast it was. The nice lady from their office even called me personally to tell me it was resolved. I think her name was Jennifer. Wish I had known about this years ago.
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