EDD taking entire UI payments for overpayment - will husband get anything?

Unfortunately, EDD can and typically does recoup 100% of new benefit payments to satisfy outstanding overpayments. This is standard practice unless you've already set up a repayment plan or filed for an overpayment waiver. Did your husband already try to establish a repayment plan before this new claim started?

They did the same thing to me last year! Took every penny until my $2800 overpayment was gone. Took like 6 weeks of benefits before I saw a dime. It suuuuucks.

You need to immediately file for an "Overpayment Setup" through UI Online or by calling EDD. You can request a reduced collection rate based on financial hardship - typically they'll agree to collect 25-50% instead of 100% if you can demonstrate that full collection creates significant hardship. You'll need to complete the DE 1446 form detailing your household expenses, income, and dependents. Also, depending on the reason for the overpayment, you might qualify for a waiver if it wasn't your husband's fault (no fraud involved). Did the overpayment notice specify if it was non-fraud or fraud-related?

I had this EXACT situation happen with my wifes claim in 2024! EDD was taking everything for an old overpayment. We called for 3 days straight and couldnt get threw to anyone. Finally we used this service called Claimyr that got us connected to an actual EDD agent in about 20 minutes (claimyr.com). They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km We explained our hardship to the agent and they were able to adjust it so EDD only took 25% of each payment instead of the whole thing. Totally worth it because we were about to get evicted.

dont waste time with the website stuff, you NEED to talk to a real person at edd to fix this fast. their computer system automatically takes 100% until someone manually changes it

The EDD system is SO BROKEN!! They take everything from people who need it most then wonder why people hate dealing with them. This happened to my brother and he couldn't pay rent for 2 months while they took everything. They should AUTOMATICALLY set up reasonable payment plans instead of this CRUEL all-or-nothing approach. Makes me FURIOUS how they treat people who are already struggling!!

In my experience working with clients facing overpayments, you have two options now: 1. Request a financial hardship reduction in the collection rate (as mentioned above) 2. Request an overpayment waiver if it was administrative error For option #1, you'll need to demonstrate that basics like housing, food, and utilities can't be covered with 0% of benefits coming through. Be prepared to share bank statements, bills, and income documentation. For option #2, if the overpayment truly occurred through no fault of your husband's (like EDD's calculation error), you can request a waiver using the DE 1446W form. However, waivers typically take 60-90 days to process, so the reduction request is more immediate.

I tried that Claimyr service too after seeing it mentioned here and it did work for getting through to EDD. Just wanted to confirm it's legit. The rep I spoke with reduced my collection to 35% after I explained my situation.

UPDATE: Based on your responses that this was a non-fraud overpayment due to EDD's calculation error, I definitely recommend pursuing BOTH options simultaneously: 1. Request the immediate hardship reduction in collection percentage (25-50% instead of 100%) 2. File the DE 1446W waiver request For the hardship reduction, call EDD at 8am sharp when they open (best chance to get through). You'll need to speak with a tier 2 representative who has authority to adjust collection rates. For the waiver, gather any evidence showing the overpayment wasn't your husband's fault - any communications from EDD about the calculation error, original award letters showing the benefit amount they later said was incorrect, etc. Yes, pursue both simultaneously. The hardship reduction gives immediate relief while the waiver is being processed. If the waiver is approved, any money collected during this period would be refunded.

One more thing - if you get the collection rate reduced but still can't make ends meet, check with your county's general assistance program. Many counties have emergency assistance funds for families facing temporary hardship, especially when there are children involved. The program names vary by county (General Relief, CalWORKs emergency assistance, etc.), but they may provide short-term help while you sort this out with EDD.

As someone who went through a similar situation with EDD overpayment collections, I want to emphasize that time is critical here. The sooner you get that hardship reduction in place, the better. When I called EDD, I made sure to have all my documentation ready - rent/mortgage statements, utility bills, grocery receipts, anything showing our monthly expenses with two kids. Also, don't be discouraged if the first representative you speak with says they can't help or that 100% collection is "standard policy." Ask to speak with a supervisor or tier 2 representative who has authority to make adjustments. I had to escalate my call twice before finding someone who could actually process the hardship reduction. One tip for calling: try calling exactly at 8:00 AM or right after lunch around 1:30 PM. Those seem to be the best times to get through. Good luck - you shouldn't have to choose between paying rent and EDD getting their money back!

I went through this exact nightmare last year and want to share what worked for me. EDD was taking 100% of my benefits for a $3,100 overpayment from 2022. After reading advice similar to what's been shared here, I called at exactly 8:00 AM and got through on my third try. The key was being persistent but polite, and having ALL my financial documents ready. I brought up my rent, utilities, groceries, and childcare costs, and explained that with zero income coming in, we couldn't even afford basic necessities. The tier 2 rep was actually understanding and reduced my collection rate to 30%. It made such a huge difference - I was finally getting some money each week instead of nothing. The whole process took about 45 minutes on the phone, but it was worth every minute. Don't give up if you get disconnected or if the first person says they can't help. Keep calling back and asking for someone with authority to adjust collection rates. You have rights as a claimant, especially when you have dependents and can prove financial hardship.