EDD second level appeal after overpayment denial - anyone win after refusing job offer?

I went through a second level appeal 2 months ago for a different issue (they said I didn't provide enough work search activities). It's actually pretty straightforward - you just fill out another appeal form and check the box for second level appeal. You don't go to another hearing. The board just reviews the record from your first hearing and decides if the judge made any errors. My advice is to make VERY specific arguments about why the judge's decision was legally wrong. In my case, I lost again because I was just repeating the same arguments from the first appeal.

u screwed up by not mentioning the caregiving responsibility during ur certifications. they always ask if u refused work & u shouldve said YES and explained why. thats the whole point of that question!!

If you refused work due to caregiver responsibilities, you might actually have a case for the second level appeal. The California Unemployment Insurance Appeals Board reviews whether the Administrative Law Judge correctly applied the law. Here's what you need to do: 1. File your appeal within 30 days of receiving the ALJ decision 2. Specifically cite section 1253(c) of the California Unemployment Insurance Code about suitable work 3. Emphasize that the work was unsuitable due to care responsibilities, which is a valid reason under CA law 4. Include any documentation showing you're the primary caregiver I went through this process last year and won my appeal because the board determined the ALJ didn't properly consider all factors of suitable work. The catch is that this process takes 3-6 months for a decision.

Something similar happened to me, but I was denied at the second level too. After that, I tried calling EDD constantly to work out a payment plan, but could never get through. I finally used Claimyr to connect with an EDD agent after wasting days trying on my own. Their service connected me to an actual person at EDD within about 45 minutes (vs. never getting through on my own). The agent set up a reasonable payment plan that didn't destroy my finances. Check out their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or their website claimyr.com if you end up needing to arrange payments.

The whole "suitable work" thing is SO subjective!!! I got denied for refusing a job that was 2 hours commute each way. Like, are you kidding me??? EDD thinks that's "suitable"? The system is completely broken and designed to make people fail. Good luck with your appeal but don't get your hopes up.

Make sure you dont miss the deadline for the second level appeal!! Its 30 days from when you get the judges decision and they are SUPER strict about it. I filed mine one day late and they wouldnt even look at my case just rejected it automatically

For your second level appeal, you need to focus on legal errors, not just disagreeing with the outcome. Review the transcript from your hearing and look for: 1. Did the judge misinterpret any laws about suitable work? 2. Did they fail to consider evidence you presented about your caregiver status? 3. Were there procedural errors during your hearing? The second level appeals board won't rehear your case - they only review the record to determine if the judge made errors. The caregiving responsibility is key here, as that can make otherwise suitable work unsuitable under California code. Make sure you specifically argue that night shifts are incompatible with being a sole caregiver, which makes the work unsuitable under UI Code Section 1253(c).

hey not to be a downer but i went thru all appeals and lost. ended up getting hit with a $5100 overpayment plus 30% penalty for "willful misrepresentation" bringing total to almost $7000!!! if you really can't pay they do have a waiver program but u have to basically prove extreme hardship. good luck

One important thing to remember: Even if you lose your second level appeal, you still have options. You can request an Overpayment Waiver if repayment would cause extraordinary hardship and your overpayment wasn't due to fraud. There's a specific form for this (DE 1446W). Many people don't know about this option.