EDD penalty weeks - do they start from disqualification date or interview date?
Just had my phone interview with EDD and found out I have to serve 5 penalty weeks for a previous overpayment! My situation: I had a small overpayment ($450) back in February 2023 that I didn't know about. I filed a new claim on April 8, 2025, and when I went to certify for my first two weeks, it showed 'disqualified' on my UI Online account. During today's phone interview, the rep told me I have to wait 5 penalty weeks because of the previous overpayment issue. What I'm confused about - do these 5 penalty weeks start counting from April 8 when I filed my new claim, or from today (May 10) when I had my interview? The rep wasn't super clear about this. Anyone gone through penalty weeks recently who can clarify? I'm trying to figure out when I'll actually start receiving benefits.
16 comments
QuantumQuasar
the penalty weeks start from when u certified NOT from ur interview date. so if u certified on apr 8 then it started then. u should ask them exactly how many weeks u have left
0 coins
Andre Dupont
•Thanks for the quick reply! I certified for my first two weeks on April 22nd (for weeks ending 4/15 and 4/22). So would that mean I've already served about 3 of the 5 penalty weeks? That would be great news if so.
0 coins
Zoe Papanikolaou
I went through this exact same situation last year with penalty weeks. The way it works is the penalty weeks start from your FIRST eligible week that you would have received payment, not from your interview date. So if your claim started April 8, and you certified for weeks after that date, those weeks count toward your penalty weeks as long as you would have been eligible for payment otherwise. Basically, they make you go through 5 weeks where you would normally get paid, but you get nothing instead. It's super frustrating, but at least they don't make you pay anything additional if it's just penalty weeks.
0 coins
Andre Dupont
•That's super helpful, thank you! So it sounds like I'm already 3-4 weeks into my penalty period then. The rep made it sound like my 5 weeks was just starting after the interview, which really stressed me out. This is much better news!
0 coins
Jamal Wilson
penalty weeks suck, had them last year and was so confusing!!!! the EDD website is TERRIBLE at explaining this stuff. i still dont undrestand why they disqualify u instead of just saying "serving penalty week 1 of 5" or something clear
0 coins
Mei Lin
•Exactly! EDD's communication about penalty weeks is horrible. I wish they'd just clearly mark it on your UI Online account with a countdown of how many penalty weeks you have left to serve. Would save so many confused phone calls and stress for claimants.
0 coins
Liam Fitzgerald
To clarify exactly how penalty weeks work: they begin with the first week you certify for that would otherwise be payable (meaning you meet all eligibility requirements). Each week you certify that you would normally get paid counts as one penalty week served. The weeks must be served consecutively, and you must continue certifying during this period. A key point many people miss - you must actually certify for these weeks! If you don't certify thinking "well I'm not getting paid anyway," those weeks won't count toward your penalty period. You need to keep certifying just like you normally would. Also, check your UI Online account. Sometimes they'll show "Disqualified - Section 1257(a)" which indicates penalty weeks. If you see this on weeks you've certified for, those are counting toward your penalty period.
0 coins
Andre Dupont
•Thank you for the detailed explanation! I've been certifying regularly, so that's good to know. My UI Online does show "Disqualified" for the weeks I certified. Is there any way to see on the portal how many penalty weeks I've served and how many I have left? Or do I need to call to find out?
0 coins
Amara Nnamani
i had same issue but with 10 weeks penalty back in january!! it suuuuucks but keep certifying even though ur not getting paid. my mistake was i stopped certifying for a couple weeks cause i thought what's the point?? then had to start all over ughhh
0 coins
Giovanni Mancini
Has anyone tried using Claimyr to get through to an EDD rep for clarification on penalty weeks? I had a similar situation with penalty weeks and needed to know exactly how many I had already served. I was getting different answers from the automated system vs. what I thought was correct. After trying for days to get through on my own, I used Claimyr (claimyr.com) and they got me connected to a rep in about 20 minutes. The rep was able to confirm exactly how many penalty weeks I had served and when I would start receiving payments again. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Definitely helped clear up my confusion!
0 coins
Andre Dupont
•I hadn't heard of that service before - thanks for mentioning it! I might give that a try if I can't figure this out soon. The uncertainty about when I'll start getting payments is really stressful.
0 coins
Jamal Wilson
•i used it 2 and it worked but seems weird to have to pay just to talk to EDD lol... system is so broken!!!
0 coins
Mei Lin
One important thing to note about penalty weeks: You need to meet ALL eligibility requirements during those weeks for them to count. This means you still have to be: 1. Able and available for work 2. Actively looking for work 3. Meeting all work search requirements 4. Reporting any part-time work correctly If you don't meet these requirements for any penalty week, that week won't count toward your penalty period. This is why it's crucial to keep certifying normally and maintaining your eligibility even though you're not receiving payments.
0 coins
Andre Dupont
•That's really good to know. I've been doing all my work searches and documenting everything just as if I was getting paid. Sounds like that was the right approach. Thanks for the clarification!
0 coins
Zoe Papanikolaou
Just to update - I double-checked my experience with penalty weeks from last year. The weeks ARE retroactive to when you first certified and would have been eligible. So if you filed on April 8 and have been certifying since then, you're already several weeks into your penalty period. A tip: call EDD and specifically ask "How many penalty weeks have I served so far, and when will my benefits begin?" Get an exact date if possible. Write down the name of the rep who tells you this info.
0 coins
Andre Dupont
•Thank you SO much! I'm going to call tomorrow and ask exactly that. Really appreciate everyone's help - this community is amazing!
0 coins