EDD overpayment appeal timelines - need to hire attorney?

I went through an overpayment appeal last November. From filing to hearing date took about 10-12 weeks for me. Then another 3 weeks to get the decision. The process is definitely slow, but you should receive a confirmation letter with your appeal case number within 30 days of submitting. As for an attorney - it depends on the amount and your comfort level. I handled mine without one and won, but my case was pretty straightforward (mistaken work hours). If your case involves complicated freelance income reporting, it might be worth at least consulting with an attorney who specializes in EDD cases.

i got appealed mine last yr took forever like 4 months total but i won n didnt need lawyer. just make sure u have ALL ur proof ready. like seriously every single thing, bank statements tax stuff work contracts everything. they asked me SO much stuff i didnt expect

The appeals process typically takes 3-4 months from filing to hearing, then another 2-4 weeks for the decision. It's painfully slow, but that's normal. You should receive an acknowledgment letter with your appeal number within 2-3 weeks though. Regarding an attorney: It's not absolutely necessary, but can be very helpful especially with freelance income issues which are more complex than regular W2 employment. If you do represent yourself, make sure to thoroughly document everything - all income reports, certification screenshots, bank statements showing deposits, and any communications with EDD. Be prepared that the Administrative Law Judge will expect you to understand the reporting requirements, so review those carefully before your hearing.

Have you tried calling EDD to check on your appeal status? I know getting through is basically IMPOSSIBLE most of the time, but I had success using Claimyr (claimyr.com) to reach an actual agent when I had a similar issue. They got me connected to EDD in about 30 minutes when I had been trying for DAYS on my own. They have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km In my case, the agent was able to confirm my appeal was in the system and gave me an estimated timeframe. Gave me some peace of mind at least.

EDD OVERPAYMENT SYSTEM IS COMPLETELY BROKEN!!! I've been fighting mine for 7 MONTHS now! They make these ridiculous claims then take FOREVER to resolve them. And good luck actually talking to anyone who knows what's happening with your case. The whole thing is designed to make you give up and just pay. If your case is complex or involves a lot of money, GET A LAWYER. I didn't at first and regret it. Now I have one and things are finally moving forward, but I wasted months trying to navigate this disaster on my own.

One important thing to note - you can request a waiver of overpayment if repaying would cause financial hardship. This is separate from appealing the overpayment determination itself. Even if you lose the appeal on whether you were overpaid, you might still qualify for the waiver if repayment would cause significant financial difficulty.

To prepare for my hearing, I organized all my evidence chronologically and made 3 copies (one for me, one for the judge, one for EDD). Documents included: 1. All certification screenshots showing I reported work/income 2. Bank statements showing deposits 3. Pay stubs/invoices that matched what I reported 4. Any communication with EDD (emails, letters) 5. A simple timeline I created showing what happened when I also wrote down my main points so I wouldn't get flustered during the hearing. The judge was actually pretty fair and let me explain my side thoroughly. The EDD representative on the call barely seemed prepared.

u shud call legal aid in ur county they have free help for edd stuff most of the time. they helped my cousin with same thing

Thanks everyone for the advice! I'm feeling a bit calmer now knowing this timeline is normal (even if it's frustratingly slow). I'm going to: 1. Try Claimyr to reach EDD and confirm they received my appeal 2. Start gathering ALL my documentation (screenshots, bank records, etc.) 3. Look into the waiver form as a backup option 4. Check if my county has legal aid for EDD issues I'll update this thread once I know more about my situation. Fingers crossed I can get this resolved without having to pay thousands I don't have!