How to file EDD penalty week hardship appeal? Anyone successfully done this?

ive never heard of this hardship appeal thing before? are u sure thats wat the lady said? penalty weeks r usually just something u gotta deal with no matter what....i had 5 penalty weeks last yr and just had to wait it out

There is actually a way to request penalty week relief based on financial hardship. It's not widely advertised, but it exists. You need to submit a written statement explaining your financial situation along with documentation proving extreme hardship (eviction notices, medical bills, utility shutoff notices, etc). The appeal needs to be sent to the EDD Appeals Board, not just regular EDD. You should specifically mention California Unemployment Insurance Code Section 1260(b) which allows the director to reduce or eliminate penalty weeks in certain circumstances. I helped my brother-in-law with this last year when he was facing eviction. He had to provide bank statements showing zero balance, the eviction warning, and a detailed letter. They reduced his penalty weeks from 10 to 3. It's not guaranteed, but worth trying if you're truly in a desperate situation.

I'm in almost the SAME EXACT situation!!! 6 penalty weeks because I accidentally reported my hours wrong (my employer has this weird pay schedule). Been trying to get more info on hardship appeals for TWO WEEKS but can't get through to anyone at EDD!!!! Called 65+ times yesterday alone and either get disconnected or "we're experiencing high call volume" message. This system is BROKEN!!!! Why make it so impossible to talk to a human being?!!

To add to what others have said, the hardship exemption for penalty weeks requires specific documentation: 1. Written statement explaining your financial hardship in detail 2. Proof of pending eviction (notice from landlord) 3. Bank statements showing financial distress 4. Documentation of job search efforts 5. Any medical bills or proof of medical hardship if applicable The process typically takes 3-4 weeks for review. You'll need to mail these documents to the EDD Appeals Office in Sacramento, not your local office. Make sure to reference your claim number and clearly state you're requesting relief under UI Code 1260(b). Keep in mind this relief is granted only in exceptional circumstances. The most successful cases typically involve families with children facing eviction or individuals with serious medical issues who can't work. The burden of proof is quite high.

my cousin said he got his penalty weeks removed but i think he was lying cause he always makes stuff up lol. good luck tho! the EDD is the worst!!

To answer your follow-up question - my brother-in-law mailed his hardship request with supporting documents via certified mail. The entire process took about 3.5 weeks, but this was during a less busy period. It might take longer now. And no, the request doesn't need to be notarized, but everything should be signed and dated. Make copies of everything you send. One more tip: If you're including bank statements, highlight the relevant parts showing low balances or overdrafts. For the eviction notice, make sure it shows the specific deadline date. Being organized and making it easy for them to see your hardship increases your chances significantly.

Just to share my experience...I had 12 penalty weeks last year and tried to get them removed by claiming hardship (was about to have my power shut off) but they denied it. The letter basically said that financial hardship alone wasn't enough and that penalty weeks are specifically designed as a penalty, not just a delay in benefits. So don't get your hopes up too much. The system is designed to punish even honest mistakes.

I want to clarify something important: the hardship exemption for penalty weeks is quite rare but most successful in cases involving dependents. If you have children or other dependents you're supporting, make sure to emphasize this in your letter and provide documentation. Cases involving potential homelessness for families are taken more seriously than those for individuals. Also, the EDD Appeals Board will look at whether your original violation was an honest mistake versus intentional fraud. If your case was deemed "willful misrepresentation" versus an honest error, your chances decrease significantly. Document everything meticulously, follow up by phone after 2 weeks, and be prepared to possibly attend a phone hearing about your hardship claim.

UPDATE: I just got back from FedExing my hardship request packet to the Appeals Board! I included everything suggested (eviction notice, bank statements, job search logs, and a detailed letter explaining my situation). Now I'm nervous about the wait, but at least I've tried everything possible. Thank you all SO MUCH for the guidance and information. I would have had no idea how to properly request this without your help. I'll update this thread when I hear something back, whether approved or denied. Fingers crossed they see my situation as the legitimate hardship it is.

I'm really hoping this works out for you! I've been following this thread because I'm in a similar situation with penalty weeks, though not as severe as yours. One thing I wanted to add that might help others reading this - when you're putting together your hardship documentation, make sure to include a timeline showing how your financial situation deteriorated specifically because of the penalty weeks. For example, show your account balance before the penalty period started versus now, and connect the dots between losing those unemployment payments and your current crisis. The Appeals Board needs to see that the penalty weeks are the direct cause of your extreme hardship, not just general financial struggles you might have had anyway. Also, if you have any medical conditions or disabilities that make job searching more difficult, document those too. Even if it's just anxiety or depression from the stress of potential eviction, a letter from a doctor can strengthen your case. Really rooting for you - please keep us updated on the outcome!

Just wanted to jump in here as someone who works in social services - while you're waiting for the EDD hardship decision, definitely explore other emergency assistance options! Many counties have emergency rental assistance programs that can help prevent eviction while you're dealing with unemployment issues. In California, you can also apply for CalFresh food benefits and potentially cash aid through CalWORKs if you qualify. These programs can help free up what little money you do have for rent. The application process for these is much faster than EDD appeals - usually 1-2 weeks. Also check if your county has a "homelessness prevention" program. Los Angeles, San Francisco, and several other counties have specific funds to help people avoid eviction when they're between jobs. Some of these programs work directly with EDD cases. Don't forget about utility assistance programs too - if you can get help with electric/gas bills, that's more money you can put toward rent. Most utility companies have hardship programs, and organizations like The Salvation Army often help with utility bills in emergencies. The key is to apply for everything simultaneously rather than waiting. Even if your EDD hardship appeal gets approved, it might not be in time to prevent eviction. Having multiple safety nets gives you the best chance of getting through this tough period.