EDD penalty weeks appeal timeline - worth waiting or accept the 15 weeks?
So I just got hit with a 15 week penalty from EDD for supposedly not reporting some income correctly (which I honestly think I did). I've already filed an appeal but I'm starting to wonder if it's even worth pursuing. Does anyone know how long these appeal hearings typically take? If they're going to take longer than 15 weeks anyway, should I just accept the penalty and move on? I'm worried that if I push the appeal and lose, I might somehow end up with an even longer delay or more penalties. My bills are piling up and I'm not sure what's the smartest move here. Has anyone successfully appealed a false reporting penalty?
16 comments
Join the conversation
Aisha Abdullah
Appeals typically take 3-6 weeks to be scheduled after filing, but the entire process can stretch to 8-12 weeks total depending on current backlog and complexity. It's almost always worth appealing if you believe you're in the right - the 15 weeks won't start counting down until after your appeal is decided if you lose. If you win, those penalty weeks disappear entirely. Make sure you have any documentation showing you reported income correctly (pay stubs, emails to EDD, screenshots of your certifications, etc).
0 coins
Mateo Lopez
•Thanks for the info! So you're saying the 15 weeks won't even START counting until after the appeal is decided? That's really important to know. I think I have some screenshots of my certifications that might help my case.
0 coins
Ethan Davis
i had 11 week penalty last yr and did the appeal thing. took foreeeever. like almost 4 months before i got a hearing. won tho and got all my money. definetly worth it if ur in the right!!
0 coins
Mateo Lopez
•4 months is a long time to wait! Was it hard to win your case? What kind of evidence did you need to show?
0 coins
Yuki Tanaka
CALL THEM AND ASK FOR EXPLANATION FIRST!! I got a penalty for "false reporting" but when I finally got through to someone they admitted it was THEIR ERROR in processing my certification! They removed the penalty weeks completely without me having to go through appeal. Don't just accept penalties without fighting!!!
0 coins
Carmen Ortiz
•This is actually great advice. Always try to resolve directly with EDD before proceeding to formal appeal. Sometimes penalties are system-generated errors that a rep can fix immediately. However, good luck getting through to someone at EDD these days!
0 coins
MidnightRider
I tried calling EDD about my penalty weeks for 2 weeks straight and couldn't get through to anyone. Finally used Claimyr (claimyr.com) and they got me connected to an EDD rep in about 20 minutes. The rep reviewed my case on the spot and determined my penalty was incorrect. You can see how it works in their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It's worth seeing if you can get it resolved by phone before waiting months for an appeal hearing.
0 coins
Andre Laurent
•does this service actually work? sounds to good to be true. been trying to talk to someone at edd for weeks about my appeal
0 coins
Zoe Papadopoulos
i would just take the 15 weeks honestly... my friend appealed and it took 14 weeks for the hearing and then another 3 weeks to get a decision and they still ruled against him anyway... now hes worse off cuz they say he owes overpayment too
0 coins
Mateo Lopez
•Wow, that's exactly what I'm afraid of. Did your friend have good documentation for his case?
0 coins
Carmen Ortiz
Appeals are definitely worth pursuing if you have evidence to support your position. The key elements for a successful appeal are: 1. Documentation of your reported income (screenshots, confirmation numbers) 2. Any communication with EDD about the issue 3. Pay stubs or earnings statements that match what you reported 4. A clear timeline of events While waiting for your appeal, continue certifying for benefits (if eligible) and make sure to report all income accurately. The administrative law judge will be looking for consistency in your reporting behavior. One important note: the 15-week penalty period doesn't begin until after your appeal is resolved if you lose. If you win, those penalty weeks are removed entirely.
0 coins
Mateo Lopez
•This is really helpful, thank you! I do have screenshots of my certifications and my pay stubs definitely match what I reported. I'll definitely continue with the appeal process.
0 coins
Ethan Davis
just a heads up my appeal hearing was on zoom and it was kinda intimidating. the judge person was nice but the edd rep was super prepared with all kinds of paperwork. wish i knew that beforehand lol
0 coins
Yuki Tanaka
•SAME EXPERIENCE HERE!! They have lawyers and you're just sitting there like 🙄 trying to remember dates and numbers. WRITE EVERYTHING DOWN BEFORE THE HEARING!!! Dates, amounts, who you talked to. Trust me.
0 coins
Aisha Abdullah
Based on the comments here, I think you have a good approach moving forward: 1. Try calling EDD directly first to see if this can be resolved without a formal appeal 2. If you can't get through to EDD after multiple attempts, consider a service to help you connect 3. Continue with your appeal and start gathering all documentation 4. Prepare a clear, chronological explanation of your reporting with evidence The time investment is worth it since you believe you reported correctly. Resolving this could save you 15 weeks of benefits, which is potentially thousands of dollars.
0 coins
Mateo Lopez
•You're right. When I add up 15 weeks worth of benefits, it's definitely worth fighting for. I'm going to try calling tomorrow and if I can't get through I might try that service someone mentioned. Thanks for laying out the steps so clearly!
0 coins