EDD penalty weeks ending but still have overpayment - will they deduct from future payments?
I'm finishing up my 15-week penalty period with EDD next week (longest 4 months of my life!) but I still have an outstanding overpayment balance of around $3,800. My question is - once my penalty weeks are over, will I start receiving my full weekly benefit amount right away, or will EDD automatically start deducting some percentage to repay the overpayment? I'm trying to budget for next month and need to know if I'll actually see any money or if it'll all go toward what I owe. Has anyone gone through this situation before? My regular UI claim is active until September 2025, so I still have plenty of time left on it.
19 comments
Lena Kowalski
Once your penalty weeks are done, EDD will start reducing your weekly payments by 25% to recover the overpayment. So if your weekly benefit amount is $450, you'll receive $337.50 each week with $112.50 going toward your overpayment balance. This continues until the overpayment is fully recovered. The good news is you will start getting payments again, just not the full amount.
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Toot-n-Mighty
•Thank you! That's actually better than I expected. At least I'll be getting something each week. Do you know if there's any way to negotiate a lower percentage than 25%? My rent is pretty high and I'm worried about making ends meet.
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DeShawn Washington
they took 50% from me last year!!! not 25%!! depends on if ur overpayment was fraud or non-fraud. if they marked it as fraud they take HALF ur money every week
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Toot-n-Mighty
•Oh no, that would be awful. Mine was non-fraud - they determined I made a mistake reporting my hours for a part-time job I had for a few weeks. At least that's what the notice said. I hope they don't take 50%...
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Lena Kowalski
•The previous commenter is correct - the deduction is 50% for fraud cases and 25% for non-fraud. Since yours is non-fraud, it should be the 25% rate. You can confirm this by checking your overpayment notice or calling EDD to verify.
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Mei-Ling Chen
Just wondering - did u appeal the penalty weeks? I got hit with 7 penalty weeks but was told I could appeal it. wondering if its worth the hassle
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Toot-n-Mighty
•I did appeal initially but then withdrew it when I realized I had actually made the reporting error they claimed. Didn't want to waste their time or risk getting a worse penalty if they dug deeper. If you have actual evidence that their determination was wrong, it might be worth appealing.
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Sofía Rodríguez
You can actually request a different repayment plan by submitting the DE 1447 form (Overpayment Recovery Arrangement). I had success getting my deduction reduced to 10% because I was able to document financial hardship. You'll need to provide proof of income and expenses, but it's worth trying if 25% is going to cause you serious financial strain. Also, make sure you're checking your UI Online account regularly after your penalty period ends to confirm the payments start correctly. If there are any other issues on your claim, you might face additional delays getting payments restarted.
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Toot-n-Mighty
•Thank you SO MUCH for mentioning this form! I had no idea this was an option. I'm definitely going to look into this - 10% would be so much more manageable. Where do I find this form? Is it on the UI Online portal?
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Sofía Rodríguez
•You can find the DE 1447 form on the EDD website under Forms and Publications, or sometimes they'll mail it to you with your overpayment notice. If you can't find it online, you should call EDD directly to request it. Which reminds me - getting through to EDD is its own challenge.
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Aiden O'Connor
UGH penalty weeks are THE WORST!! I had 11 weeks and it nearly destroyed me financially. The system is DESIGNED to punish people for honest mistakes! When my penalty period ended, they started taking 25% immediately without even TELLING me first. Check your payment history like a hawk because they won't notify you about the deduction - it just happens. And don't expect clear answers if you call - I got different information from THREE different reps. One said 25%, one said 40%, and one couldn't even tell me!
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DeShawn Washington
•same!!! the whole system is rigged against us. i swear they make these rules confusing on purpose so they can hit us with penalties and take our $$$
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Toot-n-Mighty
•That's good to know about checking my payment history. I'll definitely keep an eye on it. Did you try submitting that DE 1447 form that someone mentioned above? I'm wondering if that actually works or if it's just another hoop to jump through.
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Zoe Papadopoulos
Something no one has mentioned yet - you should check if you qualify for a waiver of the overpayment. If repaying would cause extraordinary hardship, you can submit form DE 1446W to request a waiver. This is different from the repayment arrangement form. I had a $2600 overpayment completely waived last year because I could document severe financial hardship (was facing eviction). Worth looking into if your situation is dire.
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Toot-n-Mighty
•I had no idea this was even possible! Thank you for mentioning it. My situation isn't quite eviction-level yet, but it's definitely going to be tight. I'll look into both the waiver and the repayment arrangement options.
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DeShawn Washington
wait is the penalty week the same as disqualification?? i got disqualified for 6 weeks but my friend said thats different from penalty weeks? im so confused by all these edd terms
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Lena Kowalski
•They're different. Disqualification weeks happen when you don't meet eligibility requirements for specific weeks (like not being available for work or not looking for work). Penalty weeks are a punishment for misrepresentation or withholding information. With penalty weeks, you have to serve them even if you're otherwise eligible for benefits - you do all the certification work but get zero money.
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Toot-n-Mighty
Thanks everyone for all the helpful advice! I'm going to: 1) Look for both the DE 1447 repayment arrangement form and the DE 1446W waiver form, 2) Keep certifying as normal and watch my payment history like a hawk once the penalty period ends, and 3) Prepare for at least a 25% reduction in my weekly benefit amount. This has been super helpful - I feel much more prepared now for what's coming.
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Sofía Rodríguez
•Great plan! Just remember to keep certifying on time every two weeks even during this transition period. Missing certifications can create even more headaches. Good luck!
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