EDD sent overpayment letter for $25K PUA benefits - will I face legal trouble?

Take a deep breath. This is happening to a lot of people right now. EDD is reviewing old pandemic claims and sending these notices out in batches. What you're describing was actually a valid reason to qualify for PUA (Pandemic Unemployment Assistance) at that time - childcare disruption due to COVID was specifically covered. \n\nYou need to appeal this decision ASAP. The notice should have information about how to appeal (usually within 30 days of the date on the notice). Make sure to gather any documentation you have about your child's preschool closures, emails about COVID outbreaks, etc. Also write a detailed statement explaining exactly what you told EDD during your interview.

Thank you so much for this info. The appeal deadline is in 2 weeks. Do I need a lawyer for this? I'm worried I won't be able to properly defend myself.

omg this is litterally happening to me to!!! got a letter last week saying i owe $27k for my benefits from 2021. i also had childcare issues with my kids. this is such BS!!!

Have you appealed yet? This is so scary. I can't believe they're coming after people who were legitimately struggling during the pandemic.

I went through something very similar last year. They sent me a notice saying I owed $19K in overpayments because they determined I wasn't eligible. I appealed and won. Here's what you need to do:\n\n1. File the appeal immediately using the form DE 1000M. Don't wait.\n2. Gather EVERY piece of evidence showing your childcare situation - emails from the preschool about closures, texts with your employer, anything showing you had no reasonable alternatives.\n3. Write a clear timeline of events.\n4. Explain that childcare disruption was a specific qualifying reason under PUA.\n\nFor the hearing, be organized and stick to the facts. The judge in my case was actually very understanding once I explained my situation with proper documentation. They reversed the overpayment completely.

This is so helpful, thank you!! I think I have emails from my daughter's preschool about the closures. Was your hearing in person or over the phone?

Mine was over the phone. It was actually pretty straightforward - about 30 minutes total. Just make sure you have all your documentation ready and organized. And don't worry about needing a lawyer for this type of appeal. Most people represent themselves successfully.

they're doing this to everyone to try to get money back. my cousin's neighbor got the same letter and she had 3 kids at home during covid with no school. total scam if u ask me

I know you're stressed, but just to reassure you - they usually don't pursue criminal charges for these kinds of cases unless there's evidence of deliberate fraud (like working full-time while collecting benefits or using fake identities). Simple eligibility misunderstandings or disputes don't typically result in criminal prosecution.\n\nThat said, you absolutely need to appeal this determination. The pandemic programs had specific provisions for parents who couldn't work due to school/childcare closures. This was explicitly covered under PUA.\n\nWhen you write your appeal statement, be very specific about the timeline of events, the frequency of the preschool closures, and why you had no reasonable alternative childcare options. Mention that you were fully transparent about your situation in both your application and phone interview.\n\nAlso important: if you lose the appeal, you can request a waiver of overpayment based on financial hardship. This won't work if they determine fraud, but it sounds like your case was an honest claim.

Do u know if we can do the hardship waiver thing BEFORE the appeal? I literally cant afford a lawyer or to pay back anything

Unfortunately, you typically need to go through the appeal process first. If the overpayment determination is upheld after appeal, then you can apply for the waiver. The system requires that the overpayment be

I've been trying to reach EDD for THREE WEEKS about a similar issue and can't get through to anyone! Busy signals, disconnections, or being on hold for hours only to get cut off. It's INFURIATING! I need to talk to a real person about my overpayment notice before my appeal deadline and it's literally impossible!!!

Have you tried using Claimyr? I was in the same situation last month and couldn't get through to EDD for days. Someone on this forum recommended this service that gets you through to an EDD rep, and it actually worked! I got connected within an hour. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nThe rep I spoke with was able to explain exactly what documents I needed for my appeal and even noted in my file that I had called about the issue. Definitely worth it when you're facing appeal deadlines.

Just checked out the video. Going to try this tomorrow morning. Thanks!

Update: I managed to get through to EDD this morning after trying for days. The rep actually pulled up my file and said that my case is part of a large batch review they're doing of pandemic claims. She confirmed that I do need to go through with the appeal, but also said that having documentation of the preschool closures will really strengthen my case. Feeling slightly less panicked now.

That's great news! Make sure to submit copies (not originals) of all your documentation with your appeal paperwork. Also write down the date/time of this call and the representative's ID number if you have it - this can be helpful if you need to reference the conversation later.

did they tell u anything about if they might put u in jail??? thats what im most scared about honestly

Just to jump in here - criminal prosecution is extremely rare for these cases, especially when you were upfront about your circumstances. The vast majority of these situations are handled as civil/administrative matters, not criminal ones. EDD is primarily focused on recovering funds, not pursuing criminal charges against parents who needed support during a pandemic.

Anyone else notice how the EDD suddenly cares about all these \

It does feel that way! I feel like I'm being punished for being honest about my situation. I really hope the appeal judge actually listens to our side of the story.

Just wanted to add - when you go to your appeal hearing, bring a chronological list of all the preschool closures with dates. I created a simple spreadsheet showing all the closure dates, the reason (COVID outbreak), and what communications I received. The judge in my case really appreciated having this organized information. Also, if you have any emails or texts with your employer where you discussed your childcare situation, bring those too. The more documentation you have showing you were transparent about your situation from the beginning, the better your case will be.

This is super helpful advice. I'm going to start putting together a timeline this weekend. I think I still have all the emails from the preschool about the COVID exposures and closures, plus texts with my boss explaining why I couldn't come in.