EDD penalty weeks - do we receive backpay after serving them?
Been serving penalty weeks on my EDD claim for the past 3 weeks (got 7 total to serve). I made a mistake on my income reporting last year and now I'm paying for it. I'm certifying every week like normal, but obviously not getting paid. My question is - once I finish serving all 7 penalty weeks, will EDD issue backpay for those weeks I certified but didn't get paid for? Or is that money just gone forever? I have bills stacking up and trying to figure out how long I need to stretch my savings. Thanks for any info!
22 comments


Dmitri Volkov
No backpay for penalty weeks. That's why they're called penalties. The weeks count against your total benefit amount but you don't get the money. It's EDD's way of punishing people who they determine broke the rules (whether on purpose or by accident). Sorry to be the bearer of bad news but better you know now than keep hoping for money that won't come.
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LilMama23
•Ughhh that's what I was afraid of! So frustrating because it was seriously an honest mistake. I didn't understand how to report my gig work correctly. Thanks for the straight answer though.
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Gabrielle Dubois
To clarify what the previous person said, penalty weeks are indeed a punishment where you must certify but receive no payment. These weeks DO still count against your benefit year and reduce your maximum benefit amount. After serving all penalty weeks, you'll resume receiving regular payments for any remaining eligible weeks, but there is no retroactive payment for the penalty period. The system is designed this way to deter misreporting - harsh but that's how it works.
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LilMama23
•Thanks for explaining. I guess I just have to accept it and move on. Do you know if it affects future claims if I need to file again in a few years?
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Tyrone Johnson
this happened to my cousin last yr and ya they dont give u that money back ever!! system is rigged fr
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Ingrid Larsson
One important thing - make sure you're still certifying properly during these penalty weeks even though you're not getting paid. If you miss certifications during penalty weeks, it can cause even more problems with your claim. Keep all your work search records too. After you finish the penalty weeks, your payments should start automatically with your next certification if you still have a balance and are otherwise eligible.
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LilMama23
•I've been certifying every Sunday like clockwork! Thanks for the reminder though - wouldn't want to make things even worse.
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Carlos Mendoza
I got hit with 9 penalty weeks back in January for a similar reporting issue. I can confirm what everyone is saying - that money is gone forever. The only silver lining is that after your penalty weeks are done, your claim should automatically start paying again without you having to call or do anything special. But if it doesn't resume automatically, you'll need to contact EDD.
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Zainab Mahmoud
•when u had to contact edd were u able to get thru? i've been trying for 3 days and keep getting that stupid 'max callers reached' message every time!!
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Carlos Mendoza
•Getting through to EDD was a nightmare. I finally used Claimyr.com to connect to an EDD rep after wasting days trying to call myself. They have this system that calls for you and connects you with an agent when they answer. Saved me hours of frustration. They have a video demo of how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - worth checking out if you're struggling to get through.
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Ava Williams
I know this sounds crazy guys BUT i think sometimes they DO pay you back!!! My boyfriend got penalty weeks in 2024 and after he served them he got a random deposit for half of what he would have got during those weeks. Nobody can explain it but the money showed up!! Maybe they reduced his penalty idk
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Gabrielle Dubois
•That's not backpay for penalty weeks. What likely happened is that your boyfriend had some other adjustment to his claim - perhaps a retroactive certification for weeks before the penalties started, or a recalculation of his weekly benefit amount. EDD sometimes makes these adjustments without clear explanation. Penalty weeks, by definition, are weeks you certify for but receive no payment, and there is no mechanism for those specific weeks to be paid retroactively.
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Ava Williams
•oh maybe ur right... they never sent any explanation so we just assumed it was related to the penalty thing
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LilMama23
Thanks everyone for the info. Looks like I need to accept that this money is just gone as part of my penalty. Wish EDD was more forgiving for honest mistakes but it is what it is. At least I'll be able to receive benefits again after these 7 weeks if I still need them. I'll make doubly sure I'm reporting everything 100% correctly going forward!
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Dmitry Volkov
Sorry you're going through this! I went through something similar a few months ago and can relate to the stress of watching bills pile up while serving penalty weeks. One thing that helped me was reaching out to utility companies and creditors to explain the temporary situation - many have hardship programs or will work with you on payment plans. Also, if you haven't already, check if you qualify for any local food banks or assistance programs to help stretch your savings further during these penalty weeks. The financial hit is real, but you'll get through it. Hang in there!
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Andrew Pinnock
•This is such good advice! I hadn't thought about reaching out to utility companies about hardship programs. I've been so focused on just getting through the penalty weeks that I didn't consider there might be other resources available. Definitely going to look into local assistance programs too. Thanks for the practical suggestions - sometimes you need to hear from someone who's been through the same thing to remember there are ways to make it work.
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Grant Vikers
I'm going through this exact same situation right now - currently on week 4 of 6 penalty weeks for a similar income reporting mistake. The financial stress is real, but what's helped me is knowing exactly when it ends and planning around that date. One thing I learned is to screenshot your penalty notice if you haven't already - it shows your exact penalty period and when payments should resume. Also, I've been using this time to update my resume and apply for temporary work since I'm still required to do work searches anyway. The money from those penalty weeks is definitely gone forever, but at least we know there's a light at the end of the tunnel. Stay strong - we'll both get through this!
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Dylan Hughes
•Really appreciate you sharing your experience! It's oddly comforting to know someone else is going through the exact same thing right now. I'm definitely going to screenshot that penalty notice - that's a great tip I hadn't thought of. The temporary work idea is smart too since we have to do job searches anyway. It's tough but knowing we're both almost done with our penalty weeks helps. Thanks for the encouragement - we've got this!
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Amara Okafor
I feel for you on this - penalty weeks are brutal financially but everyone here is right that the money is gone forever. One thing I learned during my penalty period last year is to keep detailed records of everything during this time. Save all your certification confirmations and any correspondence from EDD. Sometimes there can be processing delays when your benefits resume, and having documentation helps if you need to contact them. Also, consider looking into local community resources like 211 (dial 2-1-1) - they can connect you with emergency assistance programs for utilities, food, etc. The penalty system is harsh but you're handling it the right way by staying on top of certifications. Just a few more weeks and you'll be back to receiving benefits!
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Leo McDonald
•Thanks for the 211 tip - I had no idea that resource existed! I'm definitely going to call them today to see what local assistance might be available. And you're absolutely right about keeping detailed records. I've been saving all my certification confirmations but I should probably start a dedicated folder for everything EDD-related in case I need it later. It's reassuring to hear from someone who made it through their penalty period successfully. Just trying to take it one week at a time at this point!
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Javier Hernandez
I went through penalty weeks myself about 8 months ago and can confirm what everyone is saying - no backpay for those weeks, unfortunately. The money is just gone as part of the penalty. What I found helpful was setting up a strict budget for those penalty weeks and reaching out to my bank about temporary overdraft forgiveness since I knew exactly when my benefits would resume. Also, don't forget that food banks don't usually require proof of income - just that you're in need. Many churches and community centers have pantries open to anyone struggling. The penalty weeks feel endless when you're in them, but you'll get through this. Make sure to keep certifying on schedule and your payments should automatically resume once you complete all 7 weeks.
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Zoe Dimitriou
•This is really helpful advice, thank you! I hadn't thought about talking to my bank about temporary overdraft forgiveness - that's such a practical suggestion. I'm definitely going to call them tomorrow since I know my exact timeline. The food bank suggestion is good too. I've been hesitant because I feel like other people might need it more, but you're right that if I'm struggling right now, that's exactly what these resources are for. It's encouraging to hear from so many people who have made it through penalty weeks successfully. Just need to keep my eye on the finish line - 4 more weeks to go!
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