How does EDD calculate penalty weeks for overpayment? Confused about 2-23 week range
I'm currently dealing with an EDD overpayment situation and just received notice that I'll need to serve penalty weeks before receiving benefits again. The letter mentions that penalties can range from 2-23 weeks, but doesn't explain how they decide the specific number of weeks in my case. I was assessed 15 penalty weeks which seems really high! Does anyone know what factors EDD uses to determine the exact number of penalty weeks? Is it based on the overpayment amount ($4,850 in my case), how long I was collecting, or whether they think it was intentional? Has anyone successfully appealed to reduce their penalty weeks?
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Carter Holmes
depends if they think u did it on purpose or not. when i had a overpayment they gave me 5 weeks penalty cuz they said it was just a mistake but my cousin got 20 weeks cuz they decided he was lying about looking for work
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Mia Alvarez
ā¢Thanks for the info. They didn't specifically say in my letter whether they think I did it intentionally or not. It just says "false statement penalties assessed: 15 weeks" - does that automatically mean they think I was dishonest?
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Sophia Long
The number of penalty weeks is determined by several factors, primarily whether the false statement or withholding of information was considered willful. EDD uses a point-based system: 1. First-time vs. repeat offense 2. Amount of overpayment (higher amounts = more weeks) 3. Duration of misrepresentation 4. Whether you self-reported the issue You can appeal the determination within 30 days of receiving the notice. During your appeal, you'll need to provide evidence that either the overpayment was not your fault or that there were mitigating circumstances.
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Mia Alvarez
ā¢This is super helpful, thank you! I did report some part-time income but apparently calculated it wrong. I'm going to appeal since it wasn't intentional - just a misunderstanding of how to report variable hours. Do you know if I can still receive benefits during the appeal process?
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Angelica Smith
I went through this last year. 15 weeks usually indicates they believe there was some willful misrepresentation. In my case, I had incorrectly reported my self-employment income because I didn't understand how to calculate net vs. gross earnings. I appealed and got mine reduced to 8 weeks by proving it was an honest mistake. Make sure you request all documents EDD used to make their determination through a Records Request. Then submit a detailed explanation with any supporting documentation showing why your error wasn't intentional. Keep copies of EVERYTHING.
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Sophia Long
ā¢Excellent advice about requesting the determination documents. You can do this through your UI Online account under "Contact EDD" > "Ask EDD" > select "Appeals" as the category. Then in your appeal, directly address each piece of evidence they used to determine willfulness.
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Logan Greenburg
UGH the EDD is THE WORST with these penalty weeks!! They gave me 23 weeks for what they called "willful misrepresentation" even though I literally just made a mistake on my certification!! I had 2 part-time jobs and got confused about which earnings went on which week. IT WAS AN HONEST MISTAKE but they treated me like a criminal!!! š”š”š”
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Charlotte Jones
ā¢Did you try appealing? I had a similar situation where I got hit with 18 penalty weeks for what I thought was just a simple mistake. Turned out to be worth calling them directly to explain my situation. I finally got through to an actual person after using Claimyr (claimyr.com). They have this service that gets you connected to an EDD agent without the endless busy signals. There's a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. After explaining my situation to the agent, they suggested specific documentation I needed for my appeal, and I ended up getting my penalty weeks reduced to 5.
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Lucas Bey
im confused about smthing - can u still get ur overpayment if u have penalty weeks? or do u have to pay back the money AND wait thru penalty weeks before getting more benefits? this system is so confusing
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Angelica Smith
ā¢Two separate things: 1) You have to pay back the overpayment amount (or set up a payment plan), AND 2) You have to serve the penalty weeks if you file a new claim in the future. During penalty weeks, you still have to certify and meet all eligibility requirements, but you don't receive any money for those weeks. It's basically unpaid weeks of certification.
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Sophia Long
To answer the original question more specifically about the calculation: EDD typically assigns penalty weeks based on this general scale (though they have discretion): ā¢ 2-5 weeks: Minor first-time errors with small overpayment amounts ā¢ 6-10 weeks: Larger errors or repeated minor mistakes ā¢ 11-18 weeks: Significant misrepresentation with substantial overpayment ā¢ 19-23 weeks: Major willful misrepresentation or fraud The $4,850 amount you mentioned could put you in the middle range, especially if they determined there was some intent. Your best approach is to appeal with documentation showing it was an honest mistake if that's the case.
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Mia Alvarez
ā¢Thank you for breaking it down like this! I'm definitely going to appeal since I believe mine was an honest mistake. From what everyone's saying, it sounds like getting through to someone at EDD will be important. I'll start gathering all my documentation today.
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Harper Thompson
i had 4 penalty weeks last yr and it was so annoying cuz i still had to do all the certification stuff every 2 wks even tho i wasnt getting paid nothing for it. if u dont certify during penalty weeks they dont count toward ur penalty so ur basically stuck doing free paperwork for edd š
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Carter Holmes
ā¢ya and if u miss certifying for those penalty weeks they dont count and u gotta make them up later its such bs
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Angelica Smith
One more important thing to know: if you appeal the overpayment determination and WIN, the penalty weeks will be removed completely. But if you only appeal the number of penalty weeks (accepting the overpayment determination), you're just asking for a reduction in weeks. Two different appeal strategies depending on your situation.
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Mia Alvarez
ā¢That's really good to know. I'll need to think carefully about my appeal approach. The overpayment itself is probably legitimate (I did miscalculate my earnings), but I definitely want to challenge that it was intentional. Thanks for all this information!
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