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.

I'm in a similar situation and this thread has been incredibly helpful! One thing I wanted to add - if you're having trouble navigating the UI Online system to submit your DE 1446 form, you can also print it out and mail it to the address listed on your overpayment notice. I know mailing feels slower, but sometimes the online system glitches out when you're trying to upload documents. Make sure to send it certified mail so you have proof they received it within the 30-day deadline. Also, don't forget to keep photocopies of EVERYTHING before you send it in. I learned that lesson the hard way with other EDD paperwork that seemed to disappear into the void. Good luck with your waiver application - from what everyone's saying here, it sounds like you have a really good chance of getting approved!

I'm so sorry you're going through this stress - I totally understand the panic of getting hit with an unexpected overpayment notice! Based on what everyone's shared here, it sounds like you have a really solid case for a waiver since this seems like a genuine misunderstanding about reporting income rather than intentional fraud. The fact that you're working part-time at a restaurant and barely making rent definitely meets the "extraordinary financial hardship" criteria they look for. I'd definitely follow the advice about using the DE 1446 form and being super detailed with your financial documentation. One thing I wanted to add - if you're feeling overwhelmed by all the paperwork, consider reaching out to your local Workforce Development office or calling 211 to see if they have any free assistance programs for EDD issues. Sometimes having someone walk you through the process in person can make it feel way less intimidating. Also, document everything with dates and keep copies of all correspondence. You've got this!

I went through this exact same situation about 6 months ago with a $3,200 overpayment! The stress was absolutely overwhelming, but I want to reassure you that the waiver process really does work if you document everything properly. Here's what worked for me: I gathered 3 months of pay stubs, bank statements, and all my monthly bills (rent, utilities, groceries, car insurance, etc.). Then I wrote a detailed letter explaining that the overpayment happened because I misunderstood which week to report a gig payment - not because I was trying to hide anything. I emphasized how repaying would mean choosing between rent and food. The key was being brutally honest about my finances and showing that I was barely scraping by. It took about 6 weeks, but they approved the full waiver! Don't let anyone tell you they never approve these - they absolutely do when you meet the criteria. Make sure to submit within 30 days of your notice date. You've got this! 💪

I just wanted to jump in and say that reading through all these responses has been incredibly helpful - thank you everyone for sharing your experiences! As someone who's been lurking in this community for a while but never posted, this thread convinced me to finally speak up. I went through a similar overpayment situation last year ($2,100) and successfully got it waived. One thing I don't think anyone mentioned yet is that you can also request a payment plan WHILE your waiver is being reviewed, just as a backup option. When I submitted my DE 1446, I checked both the waiver box AND the payment plan box, explaining that if the waiver wasn't approved, I could only afford $25/month payments due to my financial situation. This gave me peace of mind knowing I had options either way. Also, when you're gathering your financial documents, don't forget about irregular expenses like medical bills, car repairs, or other emergencies that might not show up in your regular monthly budget but still impact your ability to repay. EDD considers your overall financial picture, not just your basic monthly expenses. Gabrielle, based on your situation working part-time at a restaurant, you definitely have a strong case for the waiver. Stay organized, be thorough with your documentation, and don't let the stress overwhelm you - the system does work when you follow the proper steps!

I'm going through something very similar right now - got hit with a $3,800 overpayment notice last week and have been losing sleep over it! Reading through everyone's experiences here has been such a relief. I had no idea about the DE 1446 form or that waivers were even possible. My situation is almost identical to yours - I work part-time at a grocery store and there's absolutely no way I could pay this back without becoming homeless. The overpayment was because I reported some freelance work in the wrong week, not because I was trying to hide anything. Based on all the advice here, I'm going to gather my pay stubs, bank statements, and all my bills this weekend and fill out that DE 1446 form. It's so encouraging to see how many people have actually gotten their waivers approved when they thought it was hopeless. Thank you everyone for sharing your stories and step-by-step advice - this thread is literally a lifesaver for people like us who are navigating this scary process! Gabrielle, I really hope your waiver gets approved. Keep us updated on how it goes!

I've been following this thread closely and wanted to add one more perspective that might help. I'm actually a former EDD employee (worked there for 3 years until 2023) and can confirm that the advice everyone's giving here is spot-on. A few additional insider tips: 1. When you write your hardship explanation, use specific dollar amounts - don't just say "I can't afford it," say something like "My monthly income is $1,200 and my essential expenses total $1,180, leaving only $20 for emergencies." 2. If you have any medical conditions, disabilities, or dependents, mention these as they strengthen your hardship case. 3. The reviewers are human beings who genuinely want to help when they can see you're being honest and transparent. Don't be afraid to explain the emotional impact this is having on you. 4. Submit everything at once rather than piecemeal - incomplete applications get delayed significantly. The current approval rate for non-fraud waivers with proper documentation is actually around 75-80% in my experience. Your case sounds very winnable, Gabrielle. The fact that you're working and just made an honest reporting mistake puts you in a good position. Stay strong and follow the excellent advice everyone has shared here!

I'm so sorry you're dealing with this stress - I know exactly how overwhelming that first overpayment notice feels! I went through this same process about 8 months ago with a $5,200 overpayment and successfully got it fully waived. Everyone here has given you excellent advice, especially about the DE 1446 form and documenting your financial hardship thoroughly. One thing I'd add that really helped my case was creating a simple monthly budget showing my income vs. ALL expenses (including things like laundry, personal care items, and even small amounts I set aside for emergencies). I also wrote a cover letter explaining exactly how the reporting error happened - in my case, I had received a final paycheck after I thought my employment ended and reported it in the wrong certification week. The key is showing EDD that you weren't trying to deceive anyone, just made an honest mistake about their complex reporting requirements. My waiver took about 7 weeks to get approved, and the relief was incredible. Based on your situation working part-time at a restaurant and struggling to cover basic expenses, you have a really strong case. The fact that this would make you homeless definitely meets their "extraordinary hardship" criteria. Stay organized with your paperwork, be completely honest about your finances, and don't let anyone discourage you - this process absolutely works when done correctly!

I'm really sorry you're going through this - that panic when you first see an overpayment notice is absolutely terrifying! I had a similar experience about a year ago with a $3,600 overpayment for unreported income and managed to get it completely waived. Everyone here has given you fantastic advice about the DE 1446 form and documenting your hardship, which is exactly what worked for me. One additional tip that might help: when you're writing your hardship explanation, be very specific about how this repayment would affect your daily survival. I literally wrote something like "Paying back $4,800 would require me to choose between rent and groceries for the next 8 months, which would result in homelessness." EDD really responds to that level of concrete detail about the impact. Also, if you have any medical expenses, even small ones like prescription copays, include those - they all add up to show your tight financial situation. The most important thing is being completely transparent about the mistake. In my case, I explained that I received a 1099 payment and genuinely didn't understand EDD's complex reporting timeline requirements. Your restaurant job and current financial struggles definitely meet their criteria for extraordinary hardship. Based on all the success stories here, you have an excellent chance of approval if you document everything thoroughly. This process really does work - hang in there!

I'm so glad you found this thread helpful - the community here really is amazing when it comes to supporting each other through these stressful EDD situations! Reading through everyone's detailed advice and success stories has been incredibly encouraging for me too. I wanted to add one more resource that might help: if you're having trouble organizing all your financial documents, many public libraries have free computer access and can help you scan/print documents if you don't have access to those tools at home. Some libraries even have financial literacy programs where volunteers can help you put together a budget spreadsheet like the ones people mentioned. Also, when you're gathering your documentation, don't forget about any subscription services (even small ones like Netflix or phone plans) - every expense helps paint the picture of your tight financial situation. Your case really does sound very similar to the success stories shared here, especially since it was clearly an honest reporting mistake rather than intentional fraud. The fact that you're actively working and just struggling to make ends meet shows good faith on your part. Keep us posted on how your application goes - I think you're going to have a positive outcome based on everything shared in this thread!

I just wanted to say thank you to everyone who shared their experiences and advice in this thread! As someone who's been terrified about my own EDD overpayment situation, reading through all these detailed success stories and step-by-step guidance has been incredibly reassuring. The collective knowledge here about the DE 1446 form, documentation requirements, and realistic approval rates is better than anything I could find on the official EDD website. It's amazing how Gabrielle's initial panic question has turned into this comprehensive resource that's going to help so many people. I'm definitely bookmarking this thread and following the advice about creating detailed financial documentation, being specific about hardship impact, and emphasizing that reporting errors were honest mistakes rather than intentional fraud. This community's support during such a stressful situation really shows the best of what online forums can be. Fingers crossed for everyone going through this process right now! 🤞

I'm so sorry you're dealing with this stress - I completely understand that panic when you first see an overpayment notice! I went through something very similar last year with a $4,200 overpayment and was able to get it fully waived. Reading through all the amazing advice in this thread, I can confirm that everything people are sharing really works. The DE 1446 form is definitely the way to go, and the key is being incredibly detailed about your financial hardship. When I filled mine out, I created a spreadsheet showing my monthly income of $1,150 from part-time work vs. my expenses totaling $1,320 (rent, utilities, groceries, car insurance, phone, medical copays, etc.) - showing that I was already $170 short each month before even considering the overpayment. I also wrote a letter explaining that the overpayment happened because I received a tip payout from my restaurant job and reported it in the wrong certification week due to confusion about EDD's timing requirements. Like others mentioned, I emphasized that this was an honest mistake, not an attempt to hide income. The whole process took about 6 weeks, and when they approved the full waiver, I literally cried with relief. Based on your situation working part-time at a restaurant and barely covering rent, you have an excellent chance of approval. Follow everyone's advice about gathering comprehensive documentation and being specific about how repayment would impact your ability to survive. This community's guidance is spot-on - you've got this!

Wow, this thread has been absolutely incredible! As someone who's been lurking in this community for months, I finally had to create an account just to thank everyone for sharing such detailed, practical advice. I'm currently facing a $2,900 overpayment notice myself (similar situation - confusion about when to report a bonus payment from my retail job), and I went from complete despair to actually feeling hopeful after reading through everyone's experiences. The step-by-step guidance about the DE 1446 form, the importance of detailed financial documentation, and hearing real success stories with similar amounts and circumstances has been life-changing. I'm especially grateful for the insider tips from the former EDD employee and the specific language suggestions about demonstrating "extraordinary hardship." I'm gathering my pay stubs and bills this weekend to follow the spreadsheet approach several people mentioned. Gabrielle, I really hope you update us on how your waiver goes - this thread is going to help so many people who find themselves in this terrifying situation. Thank you everyone for creating such a supportive, informative resource! 💙