EDD overpayment waiver application - need step-by-step help

I actually just went through this whole process last month! You need to fill out the DE 1446 form - "Notice of Overpayment of Unemployment Insurance Benefits". There should be a section where you can request a waiver by checking a box that says you're requesting the overpayment to be waived. Make sure to explain that repayment would cause extraordinary hardship and that the overpayment wasn't your fault. Include documentation of your current income and expenses to prove financial hardship. I submitted mine online through UI Online, but you can also mail it. If you're having trouble getting through to EDD to discuss it (which I absolutely was), I finally used Claimyr.com to connect with an EDD rep in about 15 minutes instead of spending days redialing. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Totally worth it to actually talk to someone who could explain the process.

dont bother with the waiver thing, they NEVER approve those. my brother tried 2x and got denied. EDD just wants there money back no matter what!!!

when i got my overpayment notice i just called edd and explained my situation. took about 23 tries to get through lol but the lady was actually super nice and helped me fill out the waiver over the phone! definitely try calling if the website is confusing

I've assisted multiple clients with overpayment waiver requests. Here's a step-by-step guide: 1. First, determine if you qualify - waivers are typically granted when the overpayment was not your fault AND repayment would cause financial hardship. 2. Access the DE 1446 form either through UI Online or request it by mail. 3. Complete Section 4, which specifically addresses waiver requests. Be detailed about why you need the waiver. 4. Provide documentation to support your case: pay stubs showing current income, bank statements, rent/mortgage statements, utility bills, medical expenses, etc. 5. Include a written statement explaining your financial situation and why repayment would cause extraordinary hardship. 6. Keep copies of everything you submit. 7. Submit within 30 days of receiving the overpayment notice. The decision typically takes 4-6 weeks. If initially denied, you have appeal rights. EDD is currently approving about 70% of properly documented waiver requests in my experience.

I can't believe ur stressing so much, I've gotten like 3 of those notices and just ignored them LOL nothing bad happened yet!!!!

To answer your questions - yes, my waiver was approved! It took about 5 weeks to get the decision. I made sure to include detailed documentation about my financial situation (bank statements, bills, paycheck stubs). The key thing was proving that: 1) I didn't intentionally cause the overpayment (it was due to EDD miscalculating my benefits), and 2) paying it back would cause severe financial hardship. Be VERY specific about your monthly income vs. expenses and how repayment would impact your ability to afford necessities.

My sister works for EDD (not saying which office lol) and she says they're actually under pressure to approve more waivers right now because of some federal guideline changes. So this is actually a good time to apply! Just saying...

Important note: There are two different waiver processes depending on the type of overpayment. 1. For non-fraud overpayments, use the DE 1446 form and request the waiver in Section 4. 2. For fraud-classified overpayments, you must use the Overpayment/Penalty Week Reduction Request (DE 1446R) form instead. Your notice should indicate which type of overpayment you have. The process is similar, but using the wrong form can delay your request significantly. Also, be aware that waivers are much more difficult to obtain for fraud-classified overpayments, though still possible if you can demonstrate the determination was incorrect.

Has anyone tried getting help from legal aid for this? I went to the free legal clinic at my local community center when I had an overpayment issue and they were incredibly helpful with the paperwork. Most counties have free legal services specifically for EDD issues. Might be worth looking into!

To answer your follow-up question about expenses - yes, be super specific! Include rent/mortgage, utilities (separated by type), groceries, medical expenses, car payment, insurance, childcare if applicable, student loans, etc. I created a simple spreadsheet showing my monthly income at the top and then itemized ALL expenses below with the total at the bottom showing the deficit. I attached actual bills as proof. The EDD rep who called me during their review specifically mentioned how helpful my organized documentation was in approving my waiver.

They did call me for a brief phone interview about two weeks after I submitted everything. It was pretty straightforward - they mostly wanted to verify the information I'd already provided and asked a few clarifying questions about my financial situation. I was super nervous but the interviewer was actually really understanding. Just be honest and consistent with what you've documented.