EDD overpayment notice - how to tell if marked as fraud or non-fraud?

check if theres a 30% penalty added to the amount. if there is, they consider it fraud. no penalty = non-fraud. also look at the notice code, should be something like 802 or 803

To determine if your overpayment is classified as fraud or non-fraud, look for these indicators: 1. A 30% penalty amount means it's considered fraud 2. The notice should have a section titled "Reason for Overpayment" that explains their determination 3. Check the notice code - codes in the 800 series typically indicate potential fraud determinations If it's marked as fraud, you should consider appealing within 30 days if you believe the determination is incorrect. Non-fraud overpayments have more flexible repayment options and don't carry the same penalties or potential disqualification periods. I'd recommend calling EDD to get clarity directly from them. You can specifically ask if it's classified as fraud and what options you have.

Having dealt with this exact situation, I can tell you that an 807 notice with a penalty amount definitely means they've classified it as fraud. You need to act quickly: 1. File your appeal ASAP - don't wait the full 30 days 2. Gather any evidence showing your mistake was unintentional (emails, texts, anything proving you were confused about reporting requirements) 3. Write a clear statement explaining exactly what happened In my case, I had incorrectly reported some side gig income thinking it didn't count since it wasn't regular employment. I was able to get the fraud determination overturned to non-fraud by proving it was an honest misunderstanding of the certification questions.

THEY DID THIS TO ME TOO!! EDD is just slapping fraud labels on EVERYTHING to scare people!!! I got a notice saying I committed fraud because I accidentally put the wrong date when I returned to work (was off by ONE WEEK). How is that fraud??? The system is designed to trip people up and then punish them!

I've been trying to call EDD for 3 weeks about my overpayment issue and can't get through at all. Always get the "we're experiencing high call volume" message and then it hangs up. Has anyone found a way to actually talk to a human there? I'm getting desperate since my appeal deadline is coming up soon.

Update: I managed to get through to EDD this morning after calling right when they opened. The rep confirmed it's classified as fraud because they think I intentionally underreported my earnings in February. I explained that I misunderstood how to report my gig work since I had multiple small jobs that month. She suggested I file an appeal and bring documentation showing all my earnings and explain the confusion. Going to work on that appeal letter today. Thanks everyone for your help!

Something important that hasn't been mentioned yet: if your overpayment is classified as non-fraud, you can request a waiver if repayment would cause financial hardship. This isn't available for fraud overpayments. So it's definitely worth appealing if you have a legitimate case that your error was unintentional. For the appeal hearing, make sure to: 1. Dress professionally 2. Bring organized documentation 3. Practice explaining your situation clearly and concisely 4. Emphasize any confusing instructions or situations that led to your misreporting 5. Show that you've been cooperative in the process Many judges are reasonable if they can see you made an honest mistake rather than trying to game the system.

one more thing - if u have a fraud determination, ur usually disqualified from benefits for like 5-15 weeks next time u need to file. thats what happend to my cousin last yr

Just went through this exact same situation last month. The key thing that helped me was keeping detailed records of EVERYTHING - all my work dates, payment amounts, and screenshots of the certification questions that confused me. When I appealed, I created a timeline showing exactly what I reported versus what I actually earned, with explanations for each discrepancy. The judge could see it was genuine confusion about how to report irregular gig work rather than intentional fraud. Got it overturned to non-fraud and set up a reasonable payment plan. Don't give up - the appeal process really does work if you can clearly demonstrate it was an honest mistake!

I went through something very similar earlier this year. Got an overpayment notice for about $3,800 with that dreaded 30% penalty that screams "fraud." Like you, I panicked because I genuinely thought I was reporting everything correctly. The key things that helped me: 1. Don't wait - file your appeal immediately, even if you're still gathering documents 2. Focus on proving INTENT in your appeal letter. Show you were trying to comply but genuinely misunderstood the requirements 3. If you have any emails or messages where you asked questions about reporting, include those - shows good faith effort 4. Get everything in writing when you talk to EDD The good news is that many of these fraud determinations do get overturned when people can show it was an honest mistake rather than intentional deception. The process is stressful but worth fighting if you know you weren't trying to cheat the system. Hang in there!

I'm dealing with a similar overpayment situation right now and this thread has been incredibly helpful! I received my notice two weeks ago with the 30% penalty (so definitely fraud classification) for $2,100. Like many of you, it was related to confusion about reporting gig work - I was doing Instacart and Uber Eats and honestly had no idea how to properly report the varying weekly amounts. Reading through everyone's experiences gives me hope that I can get this overturned. I'm gathering all my documentation now including my actual earnings records and screenshots of the confusing certification questions. The part about proving intent rather than just saying "I made a mistake" is really valuable advice. Question for those who successfully appealed: How detailed should the timeline be in the appeal letter? Should I go week by week or just highlight the main discrepancies? And did anyone have success with gig work specifically as the reason for confusion? Thanks to everyone sharing their stories - it makes this whole process feel less terrifying!