EDD retroactively disqualified me for workers comp overlap - anyone win their appeal?

I successfully appealed a similar retroactive disqualification last year. The key is documentation - bring EVERYTHING to your hearing. For your situation, I'd recommend having: 1. Your original layoff notice 2. Pay stubs showing your reduced hours before layoff 3. Workers comp award letter that shows the weekly amount 4. Documentation of childcare issues (emails with providers, school closure notices) 5. Calculation showing your WC amount was significantly less than your normal wages During the hearing, stay calm and stick to facts. Explain clearly that you were confused by the interview because the letter indicated a different year than what was being discussed. The judge will usually understand if you explain this reasonably. Also, EDD's rule about workers comp only applies if you're receiving FULL workers comp and are completely unable to work. Since you were on partial WC and still available for work, you should be eligible. Good luck!

The exact same thing happened to me!!! EDD retroactively reviewed my 2023 claim SIXTEEN MONTHS after I received benefits. I also had partial workers comp and they tried to disqualify me. I won my appeal though! The administrative law judge ruled that since I was available for work and actively seeking work (even while on partial WC), I qualified for benefits. Make sure you emphasize that you were ABLE and AVAILABLE to work your regular hours, but the employer reduced them due to business conditions. Bring a written timeline to your hearing. The judges appreciate organization. And don't worry about what the interviewer wrote - the judges know that EDD employees sometimes document things in a biased way. My interviewer wrote that I was "evasive" when I was just confused about what year we were discussing! Also, don't be afraid to call the Office of Appeals before your hearing if you have questions about the process. They're actually pretty helpful.

i had workers comp and edd at same time in 2022 and they never bothered me about it lol. guess i got lucky. good luck with ur appeal tho

I work as an employment counselor and have helped several clients win these types of appeals. Here's what you need to know: 1. Under EDD regulations, receiving workers compensation doesn't automatically disqualify you from UI benefits. The key factors are whether you were: a) Able to work in some capacity b) Available for work c) Actively seeking employment 2. Regarding the childcare issue - during the pandemic period, there were special provisions that allowed for childcare-related unavailability. These have since expired, but should apply to your 2023 claim. 3. For your appeal, focus on demonstrating that despite your partial WC, you were still able, available and looking for suitable work within your restrictions. 4. The interviewer's notes about you being "aggressive" won't matter much if you remain professional during the hearing. Administrative Law Judges are generally very fair and understand that claimants often get frustrated during these interviews. Let me know if you need more specific guidance for your situation.

These retroactive reviews are RIDICULOUS! They approve you, pay you for months, then suddenly decide you weren't eligible?? I swear EDD is just trying to balance their budget by taking back money from people who can't afford to repay it. The whole system is designed to wear you down until you give up!!!!!

wait im confused. were u getting full workers comp or partial? cause thats a big difference for edd. also what year are they even reviewing? 2023 or 2024? seems like they don't even know

Have you tried calling EDD directly to get clarification on why they're disqualifying you? I know it's nearly impossible to get through on their regular line, but I used a service called Claimyr (claimyr.com) last month when I had a similar issue with retroactive review. They got me connected to an EDD rep in under 20 minutes when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The rep I spoke with was able to see notes on my account that weren't in any of the letters they sent me, which helped me prepare better documentation for my appeal. Might be worth trying before your hearing date.

I went through almost exactly this situation last year and won my appeal! The judge immediately understood that I was confused during the interview because of the year discrepancy on the letter vs. what they were asking about. For my hearing, I prepared a one-page summary of my case that included: - Timeline of employment/layoff/benefit receipt - Clear breakdown of my workers comp amount vs. my regular wages - List of jobs I applied for during the period in question - Explanation of childcare situation (with documentation) The judge ruled that since my workers comp was partial and significantly less than my regular wages, I was still eligible for unemployment. They also noted that the EDD interviewer failed to properly explain the purpose of the interview, which contributed to the confusion. Make sure to practice explaining your situation calmly before the hearing. I got nervous and started rambling at first, but once I focused on the facts, it went much better. You've got this!

Ok so i had kinda similar thing back in january, the edd lady who called me was SUPER rude and kept interrupting me when i tried to explain my situation. She ended up disqualifying me too but after my appeal they reversed it cuz the judge actually listened to me! Definitely make a list of all your points before the hearing and try not to get emotional even tho its hard. Good luck!!

Just wanted to add - make sure you specifically address both disqualification reasons: 1. For the workers comp issue: Bring medical documentation showing you were released to work with restrictions, or documentation showing you were on partial not full WC. 2. For the childcare issue: If you had children who couldn't attend school/daycare due to pandemic closures, bring documentation of those closures. Also bring evidence of any efforts you made to find alternative childcare. The judge will need to see that you made reasonable efforts given the circumstances. During that period, EDD was more flexible about childcare issues, but you'll still need to show you were actively seeking solutions.