EDD says I'm not eligible after 2+ years - facing overpayment for benefits from 2025?
I'm freaking out right now! Just got a letter from EDD saying I was 'not eligible' for benefits I received from November 2025 through February 2026. It's been over 2 YEARS since then! I thought there was some kind of statute of limitations on this stuff? The letter doesn't explicitly say 'overpayment' but that's what this means, right? Will I have to pay back ALL $8,900? I was laid off from my restaurant management job during those months and reported everything honestly. I don't understand how they can suddenly decide I wasn't eligible after all this time. Does anyone know if there's a time limit for EDD to determine overpayments? I'm panicking about having to repay that much money when I'm barely making ends meet at my new job.
24 comments

Noah Ali
This is definitely an overpayment notice. Unfortunately, EDD can determine overpayments for up to 6 years after benefits were paid. The statute of limitations is only for collecting the debt, not for determining it existed. You need to look closely at why they determined you weren't eligible - it should be explained somewhere in the notice. Common reasons include: not being available for work, unreported income, quit instead of layoff, etc. You have 30 days from the date on the notice to appeal if you disagree with their determination.
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Aria Park
AuthorThank you for explaining. I'll look more carefully at the notice. It mentions something about my 'employment separation reason' being redetermined after employer response. But my boss definitely laid us off - we closed the restaurant due to financial issues! This feels so unfair after all this time.
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Chloe Boulanger
omg i got the same thing last month!!! i had to payback like 6k from benefits in 2025 they said i was working while collecting which is NOT TRUE i even appealed it and lost because i didnt have all my old pay stubs
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Aria Park
AuthorThat's terrible! Did they offer any payment plan options? I don't even have $1,000 in savings right now, let alone $8,900. I'm worried they'll garnish my wages or something.
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James Martinez
The key is to figure out EXACTLY why they're saying you weren't eligible. Then you can build your appeal case. If it's saying your employer provided contradicting information, you need to get documentation from your former boss confirming the layoff. Get a written statement if possible. Also, check if your notice says 'with fault' or 'without fault' - makes a big difference. 'Without fault' means you won't face penalties and may qualify for a waiver if repayment would cause financial hardship.
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Aria Park
AuthorIt does say 'without fault' actually! I missed that when I was panicking. What's the process for requesting a waiver? Should I still appeal first?
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James Martinez
Yes, definitely appeal first! The appeal deadline is strict - 30 days from the notice date. The waiver request can come after if needed. For the appeal, gather any documentation showing you were laid off: termination letter, emails, text messages with your boss, final pay stub showing layoff, etc. Submit all that with your appeal.
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Olivia Harris
Im going through this right now too. Sucks how EDD takes FOREVER to process claims when we need help but they're super efficient when they want money back!!!! 😡
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Alexander Zeus
So true! The system definitely seems designed to work against claimants rather than help them.
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Alexander Zeus
If you need to talk to an EDD representative about this (which I HIGHLY recommend), good luck getting through on the phone. I spent 3 weeks trying before I discovered Claimyr (claimyr.com). It's a service that connects you to EDD without the endless redial game. They got me through to an agent in under an hour after I'd spent days trying. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Getting a real agent on the phone helped me understand exactly why I was flagged for overpayment and what documentation I needed for my appeal. Made a huge difference in my case.
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Aria Park
AuthorThank you for this tip! I've been calling every day this week with no luck. I'll check out that service because I really need to understand what's happening before I file my appeal.
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Alicia Stern
Just be careful - if you appeal and lose, you might end up with penalties added. Sometimes it's better to just set up a payment plan. EDD usually lets you pay as little as $25 a month if your income is low.
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James Martinez
That's not accurate. If the notice says 'without fault' as OP mentioned, there won't be penalties added after an appeal. And appealing doesn't increase your risk of penalties if you have a legitimate case. Payment plans are an option, but it's always worth appealing if you believe the determination is incorrect.
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Gabriel Graham
I successfully appealed an overpayment notice last year. Here's what worked for me: 1. I requested all records EDD had on my claim through a formal records request (took about 3 weeks) 2. Found the exact issue they were citing (in my case, they claimed I wasn't available for work during certain weeks) 3. Gathered evidence proving their determination was wrong 4. Filed a formal appeal with ALL documentation attached 5. Attended my hearing prepared with extra copies of everything The judge ruled in my favor and the entire overpayment was dismissed. It's definitely worth fighting if you believe you were eligible! The system makes errors all the time.
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Aria Park
AuthorThis is so helpful, thank you! How do I make a formal records request? Is there a specific form?
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Gabriel Graham
Yes, it's called a 'Request for Information or Records' and you can download it from the EDD website. Fill it out specifically asking for all records related to your claim and the recent determination. Be very specific that you want ALL documents including any employer statements they received. Mail it certified so you have proof they received it.
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Noah Ali
One more thing to check - look at the date they're claiming you became ineligible. Is it for your entire claim period or just certain weeks? Sometimes it's just a portion of your benefits they're trying to recoup, not the entire amount. The notice should break this down somewhere.
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Aria Park
AuthorYou're right - I just checked again and it looks like they're only questioning December 2025 through January 2026, not the full period. That's about $4,200 instead of the full amount. Still terrible but not quite as devastating. This is why I needed to calm down and read more carefully!
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Chloe Boulanger
dont forget to keep certifying if ur still on unemployment!!! even while appealing u need to keep doing ur weekly stuff or ull lose current benefits too
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Aria Park
AuthorI'm not on unemployment anymore, but that's good advice for others in this situation.
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James Martinez
After you've filed your appeal, call your local state representative's office. Many have staff dedicated to helping constituents with EDD issues. They can sometimes get answers and move things along faster than you can on your own. It's a free service that most people don't know about!
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Aria Park
AuthorThat's brilliant - I never would have thought of that! I'll definitely try this approach. Thank you so much for all your help.
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Miguel Hernández
I went through something similar last year and want to share a few practical tips that helped me: First, document EVERYTHING from this point forward - take photos of all notices, keep records of every phone call attempt, save all emails. Second, while you're gathering evidence for your appeal, also start collecting your financial documents (pay stubs, bank statements, bills) in case you need to apply for a hardship waiver later. Third, if your former restaurant is still closed, try to find any former coworkers or managers who can provide witness statements about the layoff. Even text messages or social media posts from that time period showing the restaurant closure can be helpful evidence. The most important thing is don't let the 30-day appeal deadline pass! Even if you don't have all your documentation yet, file the appeal on time and mention you're still gathering supporting evidence. You can usually submit additional documents later. Stay strong - these determinations get overturned all the time when people fight them properly!
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Ana Erdoğan
I'm so sorry you're dealing with this stress - it's absolutely infuriating when EDD drops these bombshells years later! But reading through all the advice here, it sounds like you actually have a really strong case for appeal. The "without fault" designation is huge, and the fact that it's only questioning 2 months rather than your entire claim suggests this could very well be a simple paperwork error. Here's what I'd prioritize if I were in your shoes: 1) File that appeal TODAY - don't wait for perfect documentation, just get it submitted within the 30-day window, 2) Log into your EDD online account and look for the detailed determination letter to see exactly what your employer reported, 3) Start reaching out to former coworkers who can confirm the layoff situation, and 4) Dig through your old files for that final paycheck stub or any termination paperwork. I also want to echo what others said about contacting your state representative's office - they have staff specifically for EDD issues and can sometimes work miracles. And definitely consider using that Claimyr service someone mentioned if you need to actually talk to an EDD rep. The most important thing is don't let them intimidate you into just accepting this. These determinations get overturned all the time when people fight them with proper documentation. You were legitimately laid off and deserve those benefits. Fight for yourself - you've got this!
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