EDD refusing to backdate claim while I'm stuck in false statement penalty weeks - need success stories

Yes, EDD absolutely can backdate claims! They backdated mine in March 2025 all the way to December 2024 when I was laid off. I had to submit a backdate request through UI Online and provide documentation showing why I didn't apply earlier (in my case, I was mistakenly told by my employer that I wouldn't qualify). The key is getting the right EDD rep who knows what they're doing. For penalty weeks specifically, I've heard mixed results. The backdating and penalties are handled by different departments, so it's not automatic that backdating would apply to your penalty weeks. You might need to specifically request that in your appeal documentation. One tip: Make sure your backdate request clearly states that you were eligible during those earlier weeks and explains why you didn't file sooner. Don't mention the penalty weeks in the backdate request itself - keep those as separate issues.

lol edd reps will say whatever to get u off the phone!! they told me they "never backdate" too and then my friend who works at a nonprofit that helps with edd stuff submitted my request and boom suddenly they could backdate by 6 weeks 🙄 the system is designed to make u give up

I successfully had my claim backdated while dealing with penalty weeks in February 2025. Here's exactly what worked for me: 1. I submitted the backdate request using the "Ask EDD" feature in UI Online, selecting "Claim Questions" as the category. 2. I included very specific dates and explained that I was eligible during that period but didn't file due to confusion about the process (I was a first-time filer). 3. When they initially denied the request, I immediately filed for an appeal on JUST the backdating issue (separate from my penalty week appeal). 4. I also contacted my state senator's office, who reached out to EDD's legislative liaison. Within 10 days, EDD reversed their decision and backdated my claim by 8 weeks. This meant that 8 of my 10 penalty weeks were considered already served, and I started receiving payments much sooner. The key was treating the backdating as completely separate from the penalty week issue in all my communications. In my experience, EDD representatives often confuse these issues if you mention them together. Hope this helps! Feel free to tell your assemblywoman's office to contact me if they need more details.

Have u tried calling EDD? I know their phone system is awful but when I had a similar issue I couldn't resolve it any other way. I spent 3 weeks trying different methods and wasted so much time.

I know how frustrating getting through to EDD can be. I had the exact same issue with the "too many callers" message when I was trying to resolve my backdate request. After wasting days trying to get through, I used a service called Claimyr (claimyr.com) that got me connected to an EDD representative in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once I got through to a live person, I was able to explain my situation about needing backdating while dealing with penalty weeks. The rep I spoke with was actually knowledgeable and immediately put in a request to review my case. Within a week, they had approved my backdating request which helped with my penalty week situation. Just having that conversation with a real person made all the difference. The online system just isn't designed to handle these more complex scenarios.

i dont no about backdating but they gave me 22 penalty weeks last year for "false statments" when i just forgot to report ONE day of work. the whole system is rigged to punish people who make tiny mistakes. good luck fighting them because they never admit when theyre wrong!!!!

I'm a former EDD employee (left in 2023), and I can confirm that backdating claims is absolutely possible, including in situations with penalty weeks. There's no policy against it. The issue is that many phone reps aren't properly trained on how to handle these more complex cases. What you need to do is submit a formal backdate request through UI Online (under Contact EDD > Claim Questions > Backdate). Be very specific about your reason for not filing earlier - focus on circumstances beyond your control or confusion about eligibility. Regarding your penalty weeks: when a claim is backdated, the penalty weeks should technically start from the beginning of the backdated period. However, this doesn't always happen automatically in the system. You may need to specifically request a review of your penalty week start date once the backdating is approved. Your assemblywoman's office can cite California Unemployment Insurance Code Section 1253(c) and EDD's own guidelines on "good cause" for late filing. There's nothing in the regulations that prohibits backdating for claims with penalty assessments.

Has anyone else noticed that EDD seems to have different rules depending on who you talk to? Last month they told me one thing, then this month something completely different. It's maddening!

Just to follow up on some of the other comments - I can confirm that backdating while serving penalty weeks is definitely possible. My neighbor went through this exact situation in January 2025. The key points for your assemblywoman's rep to emphasize: 1. EDD's Field Office Manual specifically allows for backdating claims when there's good cause (their internal policy guideline is called "BDC 5") 2. Nothing in EDD regulations prohibits backdating when penalty weeks are involved 3. The two issues (backdating and penalties) should be handled separately 4. Request that a claim specialist or supervisor review the case, not just a regular phone rep And definitely get your request in writing through UI Online rather than relying on phone conversations. Phone reps often provide incorrect information about backdating policies.

I'm going through something very similar right now! Got hit with penalty weeks for what was honestly just confusion about reporting my gig work income correctly. The whole system feels designed to trip people up on technicalities. I've been following this thread closely and want to add that I found success by being extremely persistent with the written requests. After my first backdate request was denied, I submitted a second one with more detailed documentation about why I didn't file earlier (I was dealing with a family emergency and genuinely didn't know I was eligible). The second request was approved within 3 weeks, and like others mentioned, it did help with my penalty week situation - though I had to follow up separately to make sure they applied the backdating correctly to my penalty period. One thing I learned: keep copies of EVERYTHING. Every submission, every denial, every approval. EDD's system doesn't always communicate between departments, so having your own paper trail is crucial when you're dealing with multiple issues like backdating AND penalty weeks. Stay strong - it's frustrating but people do get through this successfully!

I went through almost the exact same situation in late 2024! Got hit with penalty weeks for "misreporting" my part-time hours (it was honestly just confusion about how to report tips vs wages) and EDD initially refused to backdate my claim. Here's what finally worked: I had to escalate beyond the regular phone reps. My local legal aid society helped me draft a formal complaint that referenced specific EDD policies about backdating. The key was citing EDD Directive PL 15-01 which outlines when backdating is required for "good cause." Within 2 weeks of submitting that formal complaint through their appeals process, they not only approved my backdate request but also reduced my penalty from 12 weeks to 6 weeks after reviewing all my documentation. The breakthrough moment was when I got connected to an actual claims specialist (not just a phone rep) who understood that backdating and penalty weeks are completely separate issues that can coexist. Most phone reps seem to think you can't have both, which is totally wrong. Don't give up! The system is confusing and the reps often give incorrect information, but there are people there who know the actual policies. Your assemblywoman's office should definitely push back - EDD does this kind of backdating all the time once you get to the right person.

I'm dealing with a very similar situation right now and this thread has been incredibly helpful! I'm in week 8 of penalty weeks for what was basically a paperwork error on my part (didn't report a small consulting payment correctly), and EDD initially told me backdating "wasn't possible" with active penalties. After reading everyone's experiences here, I submitted a formal backdate request through UI Online yesterday, making sure to keep it completely separate from my penalty appeal. I referenced EDD Directive PL 15-01 that Kelsey mentioned and cited "good cause" due to confusion about eligibility requirements as a first-time filer. One thing I want to add for anyone else in this situation: I also reached out to my local One-Stop Career Center, and they have an EDD liaison who can sometimes help escalate these cases. The counselor there told me she's seen this exact scenario resolved successfully multiple times in the past few months. CosmicCommander, definitely push your assemblywoman's office to reference the specific policies people have mentioned here - especially the Field Office Manual "BDC 5" guideline and California UI Code Section 1253(c). Having those concrete policy references seems to make a huge difference in getting EDD to take the request seriously. Fingers crossed for both of us! Will update if I hear back on my backdate request.