How to win a California EDD unemployment overpayment appeal - my experience

Wait so the 30 days starts from the date printed on the letter, not from when it showed up in my mailbox? That's a really important distinction. My letter is dated last Tuesday and I just got it yesterday.

yes this is correct, the clock starts on the letter date. File online through myEDD asap dont wait

This is accurate. California EDD Appeal processes begin from the notice date. Go to the California Unemployment Insurance Appeals Board website and you can file electronically. Keep a screenshot or confirmation number when you submit.

I have all my pay stubs saved thankfully. My concern is that some of my part-time shifts I got paid in the same week but technically worked the prior week - could that timing difference be what triggered this?

That's actually a really common source of overpayment notices and it's very appealable. California EDD wants you to report earnings in the week you EARNED them, not the week you were PAID. If their system captured payment dates and cross-referenced with employer payroll records, there could be a mismatch. Make sure your appeal specifically addresses this timing distinction and bring documentation showing when the work was actually performed.

omg this exact thing happened to my cousin she won her appeal because of the earned vs paid timing thing. good luck!

I've been trying to call for two days straight and either get busy signals or the 'we cannot take your call at this time' recording. Will definitely look into Claimyr - I really need to understand what specific income they're flagging before I can properly respond to it.

second this, claimyr is legit. used it when my claim got flagged and talked to someone same day

how does that even work? like they just call for you?

Basically yes - you go to claimyr.com and they handle getting through the queue on your behalf then connect you when an agent picks up. Saved me literally hours of redialing.

This is incredibly helpful and a bit scary honestly. I still work at the same company part time so I can definitely ask them for a letter. What should the letter specifically say?

The letter should include: your name, the specific dates you actually worked (not pay dates), the hours per day or week, and confirmation that payroll for those dates was processed and issued on a later date. Have whoever writes it sign it and include their title. An HR rep or direct manager signature both work fine for an appeals hearing.

also keep a copy of everything you submit. edd has lost paperwork before lol. send certified mail if you're mailing anything physical

Wait is the hearing in person or can it be done by phone? I'm in a different county now than when I filed my original claim.

Hearings can be conducted by phone - you request that when you file your appeal or you can contact the CUIAB (California Unemployment Insurance Appeals Board) directly. Most claimants outside the region of the hearing office do them by phone these days.

Also worth knowing - if you request a phone hearing, make sure you're somewhere quiet with good reception when the time comes. The judge will note disruptions on the record and it looks unprofessional. Treat it like a formal call even if you're at home.

can you reschedule if something comes up? asking for myself not op lol

You can request a continuance but California EDD and the CUIAB don't grant them easily. You need a documented reason. Don't miss the hearing without a really good excuse or you'll likely lose by default.

A spreadsheet timeline is a great idea. Did you also have to bring the original pay stubs as physical backup or was the spreadsheet sufficient on its own?

both. the spreadsheet organized the story, the pay stubs proved each row in the spreadsheet. treat the spreadsheet like your outline and the pay stubs like your citations

this is genuinely great advice, simple but makes so much sense

Just pulled out the notice and re-read it carefully. It doesn't say anything about fraud or willful misrepresentation - it just references income that 'was not correctly reported' without using fraud language. Does that mean I'm in the non-fraud category?

That language strongly suggests non-fraud. Non-fraud overpayments are much easier to get reversed or waived on appeal. With a non-fraud overpayment you can also request a WAIVER if you can show repaying would cause financial hardship AND the overpayment wasn't your fault. That's actually a separate process from the appeal but can be pursued at the same time.

Correct. The waiver option for non-fraud overpayments is genuinely useful and underutilized. You'd fill out a DE 1446 form to request the waiver. If the appeal doesn't resolve it fully, the waiver process might handle the rest.

This actually really helps to hear, thank you. What was the biggest mistake you almost made that you're glad you avoided?

almost accepted the overpayment and set up a repayment plan before I talked to anyone, just because the notice felt so official and final. My coworker talked me out of it and told me to appeal first. Repaying before appeal doesn't mean you admit fault but it does complicate the waiver process later.

wait so if you pay it back you can't get a waiver? or it just makes it harder?

harder, not impossible. but a waiver is about current financial hardship so if you already paid it, there's nothing left to waive. makes the whole thing less useful basically

How do I request a copy of my claims file? Is that through myEDD or do I have to call?

You can request it in writing to the EDD office that issued your overpayment notice. Send it via certified mail and reference your claim ID number. There's no specific form for this - a simple written request citing your right to review your file is sufficient. Allow 2-3 weeks and follow up if you don't hear back.

Also worth noting that if you identify an error in EDD's records when you review that file - like an employer reported the wrong dates or amounts - you can sometimes get the overpayment reversed before the hearing ever happens just by pointing it out to EDD directly.

A data entry error from the employer side is actually exactly the kind of thing I'm worried might have happened here. Going to try Claimyr today so I can find out what specific records they're working from.

good luck, keep us posted on what you find out

employer wage errors are more common than people realize. employers submit to the Employment Development Department and sometimes the quarterly filings have mistakes. always worth verifying

Not a dumb question at all. If you win on the merits - meaning the judge finds you didn't actually receive more than you were entitled to - the overpayment determination is reversed and you owe nothing. If you win on a waiver claim rather than a merit claim, the debt is forgiven even if you technically did receive too much, because repaying it would cause hardship. Either way you end up owing nothing but they're different paths to that outcome.

oh okay that makes way more sense now. so its worth appealing even if you think you might have actually made an error?

Yes - especially if you have a non-fraud determination and financial hardship. The waiver route exists specifically for situations where someone did receive overpayment but it wasn't intentional and paying it back would genuinely hurt them. California EDD has a hardship standard they apply.

okay filing my appeal today then. thanks everyone

This is the kind of advice I didn't know I needed. I would have totally over-prepared a script and then frozen up trying to read it verbatim.

Exactly. Also prepare for the judge to interrupt with questions - which is actually a good sign usually, means they're engaged. Don't get flustered by it, just answer the question directly and then return to your point.

I'm actually no longer filing weekly claims since I went back to full time work in March, so this isn't my situation - but I'm sure this is really important for people who are still actively claiming.

Good to hear you're back to work! Yeah for anyone still actively claiming this is a really common mistake that costs people money they're otherwise entitled to.

wish someone told me this 8 months ago honestly

You can request a phone hearing - that resolves the travel issue entirely. Contact your assigned hearing office in writing and ask for a telephone hearing. Most of the time they'll grant it without much pushback.

THANK YOU. I had no idea phone hearings were an option. Does it affect the outcome at all?

No, phone hearings are treated identically to in-person under California procedure. Same rules, same standards. Just make sure you're prepared like you would be in person - have all your documents in front of you, be somewhere quiet, and test your phone connection beforehand.

Okay this is such a relief. Using Claimyr to try to get through to CUIAB actually just crossed my mind after seeing it mentioned earlier in this thread - do they work for CUIAB calls or just EDD main line?

Primarily the EDD main line from what I've seen but it's worth checking at claimyr.com - the main thing is getting clarity on your case details from EDD before the hearing, which is where talking to an agent really helps regardless of which office handles the hearing itself

That is slightly terrifying but good to know. The appeals board sends a written decision automatically or do you have to request it?

they mail it automatically after the hearing. but scan it and save it digitally too because physical mail gets lost and bureaucracies have short memories

100% this. I have mine saved in three different places lol