EDD overpayment on old claim - will new benefits cover my debt?

Yes, EDD will likely recoup your overpayment from your new claim benefits. It's called a "cross-program offset" and it's pretty standard practice. They typically take about 25% of your weekly benefit amount until the overpayment is satisfied. So if your weekly benefit amount is $450, they might take around $112 from each payment, leaving you with $338 per week. You should receive a notice explaining exactly how much they'll withhold once your new claim is processed.

they totally took mine last year when i refiled!!!! didnt even warn me just started getting less $$ than i was supposed to. check ur payment history tab when ur first payment comes thru - it will show the deduction there

You can actually request a waiver or a reduction in the amount they collect each week if it would cause you financial hardship. You'll need to fill out the DE 1446W form "Notice of Overpayment" section for a waiver OR request a reduction in the collection amount due to financial hardship. You'll need to provide documentation showing that paying back the full amount would cause you significant financial difficulties. Also, since you mentioned a back injury - are you sure regular UI is the right program? If your injury prevents you from working, you might qualify for Disability Insurance (SDI) instead, which is a different program and might not be subject to the same offset rules as UI to UI overpayment collection.

I had this exact thing happen in january. they took 50% of my benifits not 25% so dont beleve everything u read here lol. it depends on WHY u have the overpayment in the first place. if it was fraud they take more

I've been trying to reach EDD about my overpayment issue for WEEKS with no luck. Always get the "we're experiencing high call volume" message and then they hang up. It's so frustrating! I finally found this service called Claimyr (claimyr.com) that got me through to an EDD representative in about 20 minutes. They have this callback system that basically keeps dialing for you until they get through. Watched their demo video (https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km) and decided to try it. The rep I spoke with was able to set up a reduced collection plan for my overpayment. Might be worth checking out if you need to actually speak to someone about your situation.

When I had a similar situation I also lost my home and had to move back with my parents at 38 years old which was humiliating but I had no choice. This system is so broken. By the time I got my benefits straightened out I had already missed two car payments and my credit score tanked. Hope things work out better for you than they did for me.

One more important thing - if your back injury happened at work, you might want to look into workers' compensation instead of or in addition to unemployment. Workers' comp would cover medical treatment and possibly provide disability payments while you recover. That's a separate system from EDD and wouldn't be affected by your UI overpayment.

Based on everything shared here, I'd recommend you: 1. Apply for the DE 1446W waiver or reduction right away - don't wait for them to start collecting 2. Be prepared for some amount of offset (25% for non-fraud is typical) 3. Contact your local EDD office directly if possible - sometimes in-person visits can get faster results than phone calls 4. Look into local rental assistance programs as a backup plan for your upcoming rent The good news is that they can't take 100% of your benefits unless it was a fraud determination, so you will receive at least some money while this gets sorted out.

I went through something similar last year and want to share what I learned. The offset usually starts with your second or third payment, not the first one, so you might get one full payment before they start taking the deduction. Also, if you're really struggling financially, you can ask for a temporary suspension of collections for up to 60 days while you get back on your feet. You'll need to provide proof of financial hardship (like eviction notice, past due utility bills, etc.) but it can give you some breathing room. The key is to be proactive and contact them BEFORE they start taking money out, not after. Good luck!