EDD treating my military retirement as wages? Claim keeps getting denied
I've been trying to file for unemployment after getting laid off from my civilian job last month. I retired from the Army 3 years ago and receive military retirement pay. When I filed my EDD claim, I listed my retirement income as required, but now my claim keeps getting denied with some message about "excessive earnings." I don't understand - my military retirement isn't wages from working, it's a pension I earned from 22 years of service! Does EDD consider military retirement as wages? If so, does that mean I can never qualify for unemployment even though I lost my civilian job through no fault of my own? So frustrated with this whole process...
23 comments


Paolo Longo
This is a common issue with military retirees. EDD does count your military retirement as income when calculating your weekly benefit amount. It's considered deductible income, which means they reduce your UI benefit by a portion of your retirement pay. If your retirement pay exceeds your weekly benefit amount, you might get disqualified for "excessive earnings." I experienced the exact same issue last year - it's incredibly frustrating! The system doesn't seem fair to veterans who worked hard for both their military retirement AND their civilian jobs.
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Keisha Johnson
•Thanks for explaining. So there's no way around this? I worked that civilian job for 3 years paying into the system, but now I can't collect UI because of retirement from a completely different career? That's really unfair.
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CosmicCowboy
My brother had this same thing happen!! He was in the Marines for 25 yrs then worked at Amazon for like 2 years and got laid off and EDD said no benefits cuz of his retirement. so dumb
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Amina Diallo
Military retirement pay is considered pension income, not wages. However, EDD does deduct pension income from your weekly benefit amount if the pension is from a base period employer. Here's the important part: if your military service wasn't within your base period (the 12-18 months before you filed your claim), you might be able to appeal this decision. You should call EDD directly and explain that your military retirement doesn't qualify as a base period employer pension since your service ended 3 years ago. They might have incorrectly coded your retirement pay. Also, double-check how you reported this on your application - did you list it as a pension or as wages? That could affect how they processed your claim.
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Keisha Johnson
•I'm pretty sure I listed it as a pension/retirement, not as wages. But it's definitely been more than 18 months since my military service ended. So based on what you're saying, they shouldn't be counting it against me? I'll try calling them tomorrow. Any tips on actually getting through to a real person?
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Oliver Schulz
I went thru this exact same problem!! The whole system is rigged against veterans. We serve our country and then get denied benefits we deserve. Classic government BS if u ask me.
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Natasha Orlova
I'm a former EDD claims specialist, and there's some confusion here I want to clear up. For UI purposes, military retirement pay is treated as a pension. However, pension deductions ONLY apply if: 1. The pension is from an employer in your base period (the 12-18 months before filing), AND 2. The pension is based on work performed in your base period Since you retired from the military 3 years ago, your military service is NOT in your base period. Therefore, your military retirement should NOT be deducted from your UI benefits. This sounds like an error in how your claim was processed. You need to speak with a tier 2 specialist who can review and correct this. I recommend calling early in the morning (8:00-8:30am) when wait times are shortest. Ask specifically for your claim to be reviewed regarding the incorrect deduction of non-base period pension income.
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Keisha Johnson
•Thank you so much for this information! That makes perfect sense. I've been trying to call for days but can never get through - just the automated system saying they're experiencing high call volume and to try again later. Is there any other way to get this resolved? Can I submit something through UI Online?
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Javier Cruz
I had the exact oppsite problem, they didnt count my militery retirement at all and I got OVERPAID and now they want like $4000 back lol. EDD is so confusing
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Oliver Schulz
•Of course they want the money back! They always find ways to take money FROM us but never give it TO us when they make mistakes!!
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Emma Wilson
If you need to get through to an EDD agent quickly, try using Claimyr.com. I was in a similar situation with pension miscalculations and spent two weeks trying to reach someone. A friend recommended this service that gets you through to an EDD rep without the wait. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It was worth it to finally get my issue resolved - in my case, they had counted my pension incorrectly similar to your situation. The rep I spoke with was able to recalculate my benefits on the spot once I explained the base period issue.
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Keisha Johnson
•I've never heard of this service before. Does it actually work? I'm desperate to get this resolved since my savings are getting low.
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Emma Wilson
•Yes, it worked for me. I was skeptical too but got connected to an EDD agent in about 20 minutes instead of spending days calling. Make sure you have all your military retirement documentation handy when you call, and specifically ask them to review whether your pension is being incorrectly counted as base period income.
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Natasha Orlova
One more thing - make sure to formally appeal this decision within 30 days of receiving your Notice of Determination. Even while trying to reach someone by phone, submit the appeal form (DE 1000M) to protect your rights. On the appeal, clearly state that your military retirement should not be counted as deductible income because it's from employment outside your base period. Also include copies of documents showing your military retirement date from 3 years ago. The appeals process takes time but is often successful in pension deduction cases where EDD incorrectly applied the rules.
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Keisha Johnson
•Thank you - I didn't realize I could appeal this! I'm going to download that form right now. Should I wait until I speak with someone first or just submit the appeal immediately? My determination letter came about 2 weeks ago so I still have time.
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Natasha Orlova
•Submit the appeal immediately to protect your deadline, then continue trying to reach someone by phone. You can always withdraw the appeal if you get it resolved by phone, but you can't file an appeal after the deadline passes. Include as much documentation as possible with your appeal form.
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Paolo Longo
After seeing the expert advice here, I think my own claim was incorrectly denied last year! My Navy retirement was 4 years before my claim, so it shouldn't have counted. Wish I'd known this then - I just gave up after getting denied. Definitely appeal this!
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Keisha Johnson
Update: I finally got through to EDD this morning! You all were right - they had incorrectly coded my military retirement as base period income. The agent I spoke with said this happens frequently with veterans. She recalculated my benefits on the spot and said I should receive payment for previous weeks within 3-5 days. I'm also withdrawing my appeal since it's resolved now. For anyone else experiencing this issue: be persistent and specifically mention that military retirement should not count as deductible income if your service ended before your base period. Thank you all for your help!
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Amina Diallo
•Great news! Glad you got it resolved. This is useful information for other veterans too.
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Oliver Schulz
•Lucky you got someone who knew what they were doing. Last time I called I got someone who had NO IDEA what military retirement even was!!
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Mateo Rodriguez
So glad to see this got resolved! This is exactly why I joined this community - to help fellow veterans navigate these bureaucratic nightmares. I went through something similar with my Air Force retirement when I filed for UI after my tech job got eliminated. For future reference, veterans should always emphasize the "base period" distinction when dealing with EDD. The key phrase to use is "non-base period pension income" - that's the magic language that gets their attention. I keep a copy of my DD-214 and retirement orders handy whenever I deal with any government benefits. It's frustrating that EDD staff aren't properly trained on military retirement vs regular pension rules. Hopefully your success story will help other vets who face this same issue!
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Dylan Campbell
•Thanks for sharing that key phrase - "non-base period pension income"! I'm saving that for future reference. It's really helpful to know the exact terminology that gets their attention. I agree that EDD staff need better training on military benefits. The agent I spoke with mentioned she'd seen this mistake "many times" with veterans, which makes me wonder how many people just gave up without appealing or getting help like I did here. Hopefully this thread will show up in search results for other vets facing the same issue!
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Sergio Neal
This thread is incredibly helpful! I'm currently dealing with a similar situation - retired from the Marines 5 years ago and just got laid off from my civilian job. EDD initially approved my claim but then suddenly stopped payments saying there was an "income verification issue" with my retirement pay. Based on what I'm reading here, it sounds like they might be incorrectly treating my military retirement as base period income even though my service ended way before my base period. I'm going to call tomorrow and use that key phrase "non-base period pension income" that @Mateo Rodriguez mentioned. Quick question for those who've been through this - when you called, did you need any specific documentation beyond your DD-214? I want to make sure I have everything ready before I try to get through to someone.
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