EDD sending overpayment notices 8 months after claim ended - is this normal?
I'm stressing out about a situation my roommate is in with EDD. She was on unemployment for about 4 months last year after getting laid off from her accounting job. She found work in December and stopped certifying, but yesterday she got a notice saying she was overpaid by $2,750! This was from benefits she received almost 8 months ago. The letter says something about her employer contesting her eligibility after the fact. Has anyone dealt with overpayment notices coming this late after benefits ended? How long do they typically take to send these notices? And what happens if you genuinely can't afford to pay it back? She's freaking out because she's already struggling with rent increases this year.
19 comments
Teresa Boyd
Unfortunately this is pretty common. EDD can issue overpayment notices up to 3 YEARS after you receive benefits. I got mine about 6 months after my claim ended because my employer claimed I quit instead of being laid off. The letter should explain why they determined there was an overpayment and your roommate has the right to appeal within 30 days of the notice date. Make sure she doesn't miss that deadline if she disagrees with their determination.
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Landon Morgan
•3 YEARS?! That's insane. What if someone has already spent that money thinking it was rightfully theirs? Thanks for the info about the appeal deadline - I'll make sure she gets on that right away.
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Lourdes Fox
i got a overpayment notuce last yr and it was for like $4000!! they said i didnt report some income or somethin but i swear i did. i called them like 50 times and never got thru so i just gave up and setup a payment plan. its like $50 a month for forever basicly. the worst part was tryin to get anyone on the phone to explain the whole thing to me ugh
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Bruno Simmons
•I had the EXACT same problem trying to reach someone at EDD about my overpayment situation. After trying for weeks, I found this service called Claimyr that got me through to an EDD representative in under 30 minutes. It saved me so much frustration! They have a demo video of how it works at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and their website is claimyr.com. Totally worth it to actually get answers about the overpayment instead of stressing for weeks.
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Aileen Rodriguez
EDD overpayment notices can come at any time within their lookback period, which is typically 3 years. Here's what your roommate needs to know: 1. She needs to determine if it's a "fraud" overpayment or "non-fraud" overpayment - this makes a huge difference for penalties. 2. If she disagrees with the determination, she MUST appeal within 30 days by filling out the form that came with the notice. 3. She can request a waiver if repayment would cause financial hardship. This requires completing the DE 1446W form with documentation of financial hardship. 4. If the waiver is denied, she can request a payment plan based on her income. The most important thing is to respond to EDD within their deadlines. Ignoring this will only make things worse.
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Landon Morgan
•This is really helpful, thank you! The notice doesn't say anything about fraud, so I'm guessing it's non-fraud? I'll tell her to look for that DE 1446W form. She'll definitely need to apply for that hardship waiver because there's no way she can pay back that amount right now.
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Zane Gray
Yep, happened to me too. Got an overpayment notice about 10 months after my benefits ended. Had to sell my motorcycle to pay it back ðŸ˜
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Maggie Martinez
•Dude why would you sell your bike?? You know you can set up a payment plan for like $25 a month right? EDD will work with you on that at least.
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Alejandro Castro
THE EDD IS A JOKE!!! They give you benefits and then take them back months or YEARS later when you've already spent the money!! Then they expect you to magically come up with thousands of dollars. And try calling them - IMPOSSIBLE!! The whole system is designed to punish people for being unemployed. I'm still fighting an overpayment from 2023 and have sent in the same appeal paperwork THREE TIMES because they keep "losing" it. CRIMINAL!!
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Aileen Rodriguez
•While I understand your frustration, I'd recommend sending any future documentation via certified mail so you have proof of receipt. Also, keep digital copies of everything you submit to them. And after submitting paperwork, call EDD and document the date, time and name of the representative you spoke with.
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Lourdes Fox
wait did ur friend report any other income while on unemployment? sometimes thats why they say overpayment. like if she had a side gig or part time job and didnt tell edd
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Landon Morgan
•Not that I know of. She was fully unemployed until she found her new job. The letter mentioned something about her former employer contesting her eligibility. I think they might be claiming she was fired for misconduct instead of laid off? But that's not true at all.
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Teresa Boyd
If her employer is claiming misconduct, she absolutely needs to appeal. She should gather any documentation that proves she was laid off - termination letter, emails, texts with her boss, severance documents, anything. In her appeal, she should clearly explain why she believes she was eligible and provide all supporting evidence. At the hearing, both she and the employer will testify. I went through this exact scenario and won my appeal because my employer couldn't provide specific evidence of misconduct. The burden of proof is technically on them.
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Landon Morgan
•Thank you so much for this! She kept all her termination paperwork and has emails where they specifically said positions were being eliminated due to budget cuts. Sounds like she has a good chance with the appeal. I'm going to help her organize everything this weekend.
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Zane Gray
My cousin got an overpayment notice and just ignored it. Bad idea - they started garnishing his wages a year later. Tell your friend not to ignore this even if she can't pay.
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Alejandro Castro
•YUP!! They'll take your tax refunds too! The government ALWAYS gets their money one way or another!!
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Bruno Simmons
One thing I haven't seen mentioned yet - if your roommate does end up having to repay, she should know that any overpayment she repays can be deducted on her tax return in the year she repays it. It's considered a repayment of income previously reported. This is especially important if the overpayment spans tax years. She should consult with a tax professional about how to handle this properly, but it might help offset some of the financial impact.
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Aileen Rodriguez
•This is an excellent point. If the original benefits were reported as income and taxes were paid on them (on a 1099-G), then repayments can be deducted. For smaller amounts, this is done as an itemized deduction. For larger repayments over $3,000, she might be eligible for a tax credit instead, which is often more beneficial.
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Landon Morgan
Update: My roommate just found a letter from her former employer dated around the time she was let go that clearly states it was a layoff due to department restructuring. We're putting together her appeal tonight and will mail it certified tomorrow. Thank you everyone for the advice - especially about the payment plan and tax deduction if she does end up having to repay anything. It's made her feel a lot less panicked about the whole situation.
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