EDD retroactively denied my claim after paying benefits - what happens now?
I'm completely baffled by what's happening with my unemployment claim. Back in May 2024, I filed for UI after getting laid off from my restaurant job. EDD approved my claim right away, sent me the award letter showing my weekly benefit amount ($375), and I started certifying and receiving payments normally.\n\nEverything seemed fine until THREE MONTHS LATER when I got a notice saying I needed to complete a phone eligibility interview about my initial claim. I thought it was weird since I'd already been paid about $4,500 in benefits by that point. The interview was scheduled for last week, and the EDD interviewer asked questions about why I left my job (which I had already explained in my application - layoff due to business downsizing).\n\nWell, yesterday I logged in to find my claim status changed to "disqualified" with a determination letter saying I didn't qualify for the benefits I ALREADY RECEIVED! The letter mentions something about "insufficient documentation of employment separation" but I submitted everything they asked for initially.\n\nIs this some kind of mistake? Can they really approve me, pay me, and then months later decide I wasn't eligible? Will I have to pay everything back? I'm working again now (thankfully) but definitely don't have $4,500 sitting around to return. Has anyone dealt with this bizarre retroactive denial situation?
22 comments
Andre Laurent
Unfortunately, this is more common than you'd think. EDD has the right to review claims even after they've started paying benefits. They sometimes do \
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Carmen Diaz
Thank you for explaining this! I'm going to check the determination letter again when I get home - I was so shocked when I saw it that I didn't fully process all the details. I definitely still have emails from my manager about the layoffs, plus my final paycheck stub that shows \
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AstroAce
omg the EXACT same thing happened to me!!! got approved last april, got paid for like 4 months, then suddenly they wanted an interview about something from my original application?!?! so weird. they ended up saying i quit without good cause (NOT TRUE - they cut my hours so bad i couldn't pay rent) and now they want $7200 back. im freaking out because i used that money to survive!! how can they just change their mind months later??\n\nmy determination letter had something about 10 days to appeal but i missed it because it went to my spam folder 😠now im scared they're gonna garnish my wages or something
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Zoe Kyriakidou
You can still request a late appeal if you have good cause for missing the deadline. The fact it went to spam might qualify. You need to file the appeal form and check the box for \
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Jamal Brown
This is a textbook retroactive eligibility review. Happens all the time, especially during periods when EDD is backlogged. They approve claims preliminarily to get payments flowing, then conduct more thorough reviews later. If the reviewer found something inconsistent in your separation reason or your employer contested the claim, they can reverse the initial determination.\n\nYour best bet is to file an appeal using the DE 1000M form. If you truly were laid off and have documentation to prove it, you stand a good chance of winning. Make sure to include:\n\n- Any written communication about the layoff\n- Contact information for witnesses who can verify the layoff\n- Final pay stub showing reason for separation\n- Any performance reviews showing you were in good standing\n\nAlso, if you call EDD to ask questions about this, you'll likely face extremely long wait times. I was spending hours trying to get through last month for a similar issue. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes instead of hours of redial hell. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nGood luck with your appeal!
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Carmen Diaz
Thanks for the detailed advice. I just found my termination letter that specifically says \
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Mei Zhang
wait im confused... if they already gave u the money how can they say u didnt qualify?? thats like taking back a birthday present lol
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Andre Laurent
The EDD benefit system is designed to pay quickly while eligibility is being determined, especially during high-volume periods. They can and do establish overpayments when they later determine someone wasn't eligible, even months after payments were issued. It's not a \
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Liam McConnell
THE SYSTEM IS RIGGED! They do this ON PURPOSE to trap people! First they make you think everything is fine, let you spend the money on rent and food, then BOOM slap you with an overpayment so they can charge interest and penalties!!!! I had a similar situation and they garnished my tax return the next year without even telling me first! EDD is CRIMINAL!!!!!
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Amara Oluwaseyi
While EDD's processes can certainly be frustrating, I don't think there's evidence they intentionally approve claims just to reverse them later. The more likely explanation is administrative backlog and the pressure to process claims quickly during high-volume periods. But yes, the consequences of retroactive denials can be severe, especially for people who used the benefits for essential expenses and no longer have funds to repay.
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Zoe Kyriakidou
When you file your appeal, make sure to check if you qualify for an overpayment waiver. If the overpayment wasn't your fault (and you had no way of knowing you'd be disqualified) AND repayment would cause extraordinary hardship, you can request that the overpayment be waived. This is separate from appealing the disqualification itself.\n\nForm DE 1446 is what you'll need for the waiver request. It requires documentation of your financial situation to prove hardship. Keep in mind waivers are only available for non-fraud overpayments.
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Carmen Diaz
Thank you! I didn't even know waiver requests were an option. I'll definitely look into this as a backup if my appeal doesn't succeed. I was genuinely confused by the whole situation since I provided accurate information about my layoff from the beginning.
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CosmicCaptain
My cousin works for EDD (not in claims tho, IT department) and he says they're still catching up on claim reviews from the pandemic rush. Sometimes they find issues with claims they approved 6-12 months ago. Its stupid but legal. Appeal appeal appeal!!
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AstroAce
does ur cousin know if appeals are usually successful? i'm so scared about mine and cant afford a lawyer :
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Amara Oluwaseyi
I successfully appealed a similar retroactive disqualification last year. The key is to be very organized with your evidence and clear in your testimony during the hearing. Here's what helped me win my case:\n\n1. I submitted all documentation a week before the hearing (even though you can bring it to the hearing)\n\n2. I wrote out a timeline of events to reference during the hearing so I wouldn't get confused\n\n3. I practiced explaining my situation clearly and concisely\n\n4. I had a former colleague submit a written statement confirming the company layoffs\n\n5. I quoted EDD's own regulations about eligibility for layoff situations\n\nThe administrative law judge was actually very fair and listened carefully to my explanation. They reversed EDD's determination and I didn't have to repay anything. The whole appeal process took about 8 weeks from filing to decision.\n\nStay positive - if you were truly laid off and can document it, you have a good chance of winning your appeal.
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Carmen Diaz
This is really encouraging, thank you! I'm definitely going to follow your advice about being prepared. Did you need to continue certifying for benefits during your appeal process, or was that not necessary since you weren't claiming new benefits?
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Andre Laurent
One important thing nobody's mentioned yet: make sure you keep certifying for any weeks you're still eligible for benefits during the appeal process (if you're not back to work yet). If you win your appeal, they can only pay you for weeks that were properly certified, even if you were eligible otherwise.
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Carmen Diaz
I actually returned to work about a month ago, so I stopped certifying then. So at least I don't need to worry about that part. I just hope I can resolve this retroactive denial for the benefits I already received.
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CosmicCaptain
this happened to my roomate too her claim got denied after like 5 months and she got a letter saying she owes like $6k back. she called edd like 50 times and never got thru. she ended up on a payment plan for like $100/month for YEARS ugh
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Jamal Brown
If your roommate is still in that situation, she might want to consider requesting a waiver of overpayment (Form DE 1446) if it wasn't her fault AND she can demonstrate financial hardship. Even people already on payment plans can request waivers. The worst they can say is no.
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Mei Zhang
have u tried calling them? maybe its just a mistake in there system?
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Carmen Diaz
I tried calling yesterday and today - both times got the message about \
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