EDD says I'm not eligible after 2+ years - facing overpayment for benefits from 2025?

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.

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

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.

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!!!! 😡

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.

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.

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.

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.

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

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!

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!

I'm so sorry you're going through this - I know how stressful it must be! I went through a similar situation about 6 months ago and wanted to share what I learned. The most important thing is that "without fault" designation you mentioned - that's actually really good news! It means they don't think you intentionally did anything wrong, which protects you from penalties and makes you eligible for a waiver if repayment would cause financial hardship. Here's what I'd recommend doing immediately: 1) File your appeal ASAP - don't wait for perfect documentation, just get it filed within the 30-day window, 2) Start gathering evidence of your layoff (any texts, emails, final pay stub, anything showing the restaurant closure), 3) Request all your claim records from EDD so you can see exactly what your employer told them, and 4) Consider contacting a local legal aid organization - many offer free help with unemployment appeals. The fact that it's only for 2 months instead of your entire claim period is also encouraging. These cases are definitely winnable when you have the right documentation. Don't give up - the system makes mistakes all the time!

This exact situation happened to my sister in 2024! The key thing that saved her was getting a written statement from her former manager confirming the layoff details. Even though the restaurant had closed, she tracked down the manager through LinkedIn and got them to write a simple letter stating the date of layoff, reason (restaurant closure), and that it wasn't due to misconduct. She also found old text messages between staff talking about the closure. The appeal hearing went really well because she had concrete evidence to counter whatever misinformation the employer had provided to EDD. Her overpayment was completely dismissed. Since your notice says "without fault," you're in a much better position than many people. That means even if the worst happens and you lose the appeal, you can still apply for a waiver based on financial hardship. But honestly, with proper documentation showing you were legitimately laid off, you have a strong case. Don't let them intimidate you - fight this!

I'm really sorry you're dealing with this stress! Based on what you've shared, it sounds like you have a solid foundation for an appeal. The "without fault" designation is huge - it means no penalties and potential waiver eligibility. Here's my action plan suggestion: 1) File that appeal immediately (don't wait for perfect docs), 2) Request all your claim records from EDD to see what your employer actually told them, 3) Gather ANY evidence of the restaurant closure - old social media posts, news articles, Yelp reviews mentioning closure, etc., 4) Contact former coworkers who can confirm the layoff situation. I'd also suggest checking if your local library has free legal clinics - many offer unemployment appeal help. The fact that they're only questioning 2 months rather than your entire claim suggests this might be a paperwork mix-up that can be resolved. You've got this! Document everything going forward and don't let them rush you into accepting something that might be wrong.

I'm dealing with a very similar situation right now and wanted to share something that might help. When I got my overpayment notice last month, I was panicking just like you are. But I discovered that EDD has an online portal where you can view the detailed determination letter that explains EXACTLY why they think you weren't eligible - it's usually much more detailed than the initial notice you receive in the mail. Log into your EDD account and look for "View Claim Details" or "Determination Letters" - this will show you the specific reason codes and any employer statements they received. In my case, I found out my employer had incorrectly reported that I quit when I was actually laid off due to budget cuts. Also, don't panic about the 6-year statute of limitations someone mentioned - that's the maximum, but most overpayment determinations happen within 2-3 years, and yours is still within a reasonable timeframe to successfully challenge if you have the right documentation. Since your notice says "without fault," focus on gathering evidence of that restaurant layoff ASAP. Even something as simple as a final paycheck stub showing "layoff" or "reduction in force" can be powerful evidence. You've got a good chance of winning this appeal if you act quickly!

I just went through this exact same situation 6 months ago and want to offer some hope - I successfully got my overpayment completely overturned! Here's what made the difference in my case: First, that "without fault" designation is actually HUGE in your favor. It means no penalties and you're eligible for a waiver if needed. Second, the fact that they're only questioning 2 months suggests this might be fixable with the right documentation. My game-changer was getting a simple one-page letter from my former manager on company letterhead (even though the business had closed, they still had access to letterhead). The letter stated: my hire date, layoff date, reason for layoff (business closure), and confirmed I didn't quit or get fired for misconduct. I also gathered: final pay stub showing "layoff", group text messages between coworkers about the closure, a newspaper article mentioning restaurant closures in our area during that time period, and my termination letter. The appeal hearing took about 45 minutes via phone. The judge was actually really fair and understood that the employer's initial report to EDD was probably just a clerical error. My entire $7,200 overpayment was dismissed. Don't let them intimidate you into just accepting this. File that appeal ASAP (within 30 days!) and start gathering any evidence of that restaurant closure. You can absolutely win this if you fight it properly. The system makes mistakes constantly - your job is to prove they made one here.

I'm going through something very similar right now and wanted to add a few things that have helped me in my research. Since you mentioned this is about your "employment separation reason" being redetermined, I'd specifically recommend checking if your former employer filed anything with EDD recently that contradicted their original layoff report. Sometimes employers file corrected information months or years later, which can trigger these redeterminations. Also, if you can't track down your former manager, consider reaching out to your state labor department - they sometimes have records of mass layoffs or business closures that can serve as independent verification of what happened. In California, the WARN Act requires certain employers to report layoffs, so there might be official documentation of your restaurant's closure. One more tip: when you file your appeal, ask specifically for a phone hearing rather than in-person if given the option. From what I've heard from others, the judges tend to be more accommodating over the phone, and it's much less intimidating than going to an office. The fact that yours is marked "without fault" and only covers 2 months really suggests this is just a paperwork mixup that can be resolved. Don't let EDD intimidate you - they make errors constantly and count on people not fighting back. You've got this!