EDD overpayment collections when switching to SDI disability - will they take all my benefits?
I've got a major problem and need advice fast. I was on unemployment for about 5 months last year and just found out I was overpaid by almost $4,200 (still don't understand how that happened). Now I need to file for disability because I just had surgery and can't work for at least 8 weeks. I'm panicking because I heard EDD will garnish disability payments to collect unemployment debt. Does anyone know if they'll take my entire SDI check or just a portion? And what's the maximum disability payment I might qualify for? My regular wages were about $1,100/week before taxes. I'm seriously stressing because I have zero savings and rent is due in 3 weeks.
22 comments
Darren Brooks
They won't take your entire SDI payment. EDD can only garnish up to 25% of your disability benefits to recover unemployment overpayments. This is protected by federal law. The maximum SDI benefit for 2025 is $1,620 per week, but your actual amount will be based on your base period earnings. With $1,100/week pre-tax, you'd likely get around 60-70% of that, minus the overpayment collection. Make sure to explain your financial hardship when you file - you might qualify for a reduced collection rate or payment plan.
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Cynthia Love
•Oh thank god. I was afraid they'd take everything and I'd be completely screwed. Do you know if I need to contact them about the hardship situation or is there a form somewhere on the website? I can barely afford the 25% reduction but at least it's not everything.
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Rosie Harper
just went thru this last month!! they took exactly 25% of my sdi payment for my overpayment. wasnt fun but at least i got the rest. dont worry they wont take it all
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Cynthia Love
•That's such a relief to hear! Did they automatically take the 25% or did you have to set up some kind of arrangement with them first?
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Rosie Harper
•it was automatic, they sent me a letter about the offset like a week before my first payment. but honestly it was confusing and i ended up having to call them to make sure i understood what was happening
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Elliott luviBorBatman
THEY TOOK 50% OF MINE!!! This was back in December. Don't listen to people saying it's only 25% - it depends on your situation and if you've had previous overpayments. I was SHOCKED when I got my first payment and half was missing. Called EDD and they said because I had a previous overpayment from 2023 that I never fully paid back, they were authorized to take more. The system is completely broken!!!
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Demi Hall
•This is incorrect information. The maximum garnishment for government benefits is 25% by federal law under the Consumer Credit Protection Act, regardless of previous overpayments. If they took 50%, it was likely because you had multiple active garnishment orders or you agreed to a higher voluntary repayment. The system isn't broken - you likely misunderstood what was happening with your specific case.
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Demi Hall
To clarify some confusion: EDD can only garnish 25% maximum of your SDI benefits for unemployment overpayments. Based on your previous income of $1,100/week, your disability benefit would be approximately $660-$770 weekly (60-70% of wages), meaning about $165-$192 would go toward your overpayment, leaving you with roughly $495-$578 weekly. You should file for SDI as soon as possible since there's a 7-day waiting period before benefits begin. Make sure your doctor completes the medical certification promptly. Also, contact EDD's Collections Division at 1-800-676-5737 to discuss hardship options - they can potentially reduce the collection rate below 25% if you demonstrate severe financial hardship.
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Cynthia Love
•Thank you so much for breaking down the numbers like that. It helps to have a realistic idea of what to expect. I'll definitely call that Collections Division number. Just to be clear - I should apply for SDI now even though I still owe the unemployment overpayment, right? They're not going to deny my disability claim because of the debt?
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Demi Hall
•Yes, apply for SDI immediately. Having an unemployment overpayment will NOT disqualify you from receiving disability benefits. They're separate programs, and you have every right to disability benefits if you meet the medical criteria. The overpayment only affects how much of your benefit you'll receive after the garnishment.
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Mateusius Townsend
what if u appeal the overpayment? my cousin did that and they stopped collections while they reviewed it. took like 8 weeks but gave him time to figure stuff out
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Cynthia Love
•That's interesting... I didn't even think about appealing. I'm not sure what grounds I'd have though. They said I didn't report some income correctly, which honestly might be true. I was working part-time for a while and the reporting was confusing.
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Demi Hall
•Be very careful with appeals. Only appeal if you genuinely believe the overpayment determination was incorrect. Filing an appeal just to delay collections can potentially result in additional penalties if they determine it was filed without merit. If you genuinely made reporting errors, you may want to instead request a waiver based on financial hardship or negotiate a minimal repayment plan.
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Kara Yoshida
I was in almost the exact same situation last year - owed about $3,900 in UI overpayment and then needed disability after a car accident. Trying to call EDD about it was IMPOSSIBLE - kept getting the "we're experiencing high call volume" message for weeks. I finally used a service called Claimyr (claimyr.com) that got me through to an actual EDD representative in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The rep I spoke with was super helpful and set up a hardship reduction so they only took 15% of my SDI instead of 25%. Totally worth it because I was able to get everything sorted out in one call instead of stressing for weeks.
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Cynthia Love
•Wow, that's really good to know! I've been trying to call for the past two days with no luck. Always the same message about high call volume. I'll check out that service - getting this sorted out quickly would be worth it. Did you have to provide any specific documentation for the hardship reduction?
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Kara Yoshida
•They just asked me about my monthly expenses (rent, utilities, food, etc.) and income while on disability. I didn't have to submit any documents during the call, but the rep said they might request proof later if needed. They never did though. The most important thing was actually being able to speak to someone who could make the adjustment in their system.
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Philip Cowan
everyone's situation is different btw. my benefits were $843/week last year on disability and they took exactly 25%. but my friend only had like $320/week and they reduced her garnishment to like 10% after she explained her situation. definitely worth calling and asking!!!
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Cynthia Love
•Thanks for sharing that! It gives me hope that they might work with me on the percentage. $320/week is closer to what I might get after the reduction.
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Darren Brooks
One more important thing - make sure you clearly understand why you received an overpayment and address that issue. For disability, you need to be extra careful with your reporting. If you work at all during your disability period (even part-time), report it immediately to avoid another overpayment situation. SDI has different rules than unemployment for allowable work and earnings. Document everything and keep copies of all paperwork.
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Cynthia Love
•That's really good advice. I definitely don't want to end up with another overpayment. I'll make sure to document everything and be super careful with any reporting. I'm planning to focus entirely on recovery for at least the first month anyway since my doctor was very clear about no work at all.
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Rosie Harper
hey did you ever get this figured out? i'm dealing with something similar now and wondering what happened with your case
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Cynthia Love
•Yes! I finally got it sorted. I used that Claimyr service someone mentioned to get through to EDD and explained my situation. They agreed to reduce my garnishment to 15% because of financial hardship. My weekly SDI payment ended up being about $690 and they're taking around $104 for the overpayment, so I'm getting about $586 weekly. It's tight but manageable. The key was definitely getting through to someone who could actually help rather than just waiting for them to process everything automatically.
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