Need help filing EDD overpayment appeal - time sensitive!
I just received a Notice of Overpayment from EDD saying I was allegedly overpaid $7,800 from my claim last year. They're claiming I wasn't eligible for benefits during those 12 weeks because my 'separation reason' didn't qualify. Thing is, I was laid off legitimately and submitted all the paperwork they asked for! The letter says I have 30 days to appeal but gives ZERO details on how to actually file the appeal. I've tried calling their main number about 20 times today but keep getting the "we're experiencing high call volume" message and getting disconnected. This is really stressing me out - I don't have $7,800 to pay back! Has anyone successfully appealed an overpayment? What's the actual process? Do I need a lawyer? Any advice would be enormously appreciated right now.
22 comments
Sophia Carson
I dealt with this exact situation in January! Don't panic - you definitely CAN appeal this. Here's what you need to do: 1. Fill out the DE 1000M form (Appeal Form). You can download it from the EDD website or request they mail it to you. Make sure to include your claim ID number and the case number from your Notice of Overpayment. 2. Write a clear explanation of why you believe you WERE eligible. Include any supporting documentation you have from your employer (termination letter, layoff notice, etc). 3. Make copies of EVERYTHING before you send it. Send it certified mail if possible so you have proof of when you submitted it. 4. Mail it to the address on your Notice of Overpayment (should be the EDD Appeals Office). After you submit, you'll get a hearing date with an Administrative Law Judge. That's where you'll present your case. I won my appeal because I had documentation to prove my eligibility. Good luck!
0 coins
Ana Erdoğan
•Thank you so much for this detailed response! Really appreciate it. Do you remember approximately how long it took from when you submitted your appeal until you got the hearing date? And did you have to repay anything while waiting for the appeal process?
0 coins
Elijah Knight
If u appeal make SURE u dont miss the deadline!!! i filed late by 2 days and they refused 2 even consider my case. total bs. And make copies, the edd "lost" my paperwork twice
0 coins
Ana Erdoğan
•Oh that's terrible! Thanks for the warning - I'll definitely get it in well before the deadline and keep copies of everything.
0 coins
Brooklyn Foley
I went through this process last year. Just to add some specifics that might help: - When completing the DE 1000M form, be extremely specific about why you disagree with their determination. Don't just say "I disagree" - list the specific facts and regulations that support your case. - If your overpayment is classified as "fraud," the stakes are higher as they can add penalties. Make sure you address this specifically if they've classified it this way. - You have the right to request all EDD records related to your claim before the hearing. Do this! - The hearing is typically conducted by phone these days. Have all your documentation organized and ready. - You'll need to prove that you met the eligibility requirements during the weeks in question, so gather any evidence about your job search activities during that time. My appeal took about 10 weeks from filing to hearing, and another 3 weeks to get the decision. Good luck!
0 coins
Ana Erdoğan
•This is super helpful, thank you! Mine doesn't mention fraud thankfully, just says I "didn't meet eligibility requirements" which is completely false. I'll definitely request all my records - I didn't know I could do that. Thanks again!
0 coins
Jay Lincoln
My cousin had this same thing happen and she just ignored it hoping it would go away lol. BAD IDEA. They eventually garnished her wages and took her tax refund. Don't be like my cousin!!!!!
0 coins
Jessica Suarez
•They absolutely will garnish wages and tax refunds! They can also put liens on property and even charge interest on the balance. EDD doesn't mess around with collections - they're basically the most efficient part of the entire organization 🙄
0 coins
Marcus Williams
I've helped multiple clients with EDD appeals. One thing nobody's mentioned yet - if you're having trouble getting through to EDD on the phone (and who isn't?), check out Claimyr.com. It's a service that connects you directly to an EDD representative without the endless calling and hanging up. They have a video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km that explains how it works. I've recommended it to several clients who were in similar situations needing to speak with EDD directly about appeals or overpayment issues. It saved them hours of frustration. For your appeal, make sure you specifically address why you believe your separation reason DOES qualify you for benefits. That seems to be the crux of their determination against you.
0 coins
Ana Erdoğan
•Thanks for the tip about Claimyr! Just watched the video and I'm definitely going to try this. I've literally wasted an entire day trying to get through to EDD with no luck.
0 coins
Elijah Knight
•i used that service 2. it works but seems kinda weird to have to pay just to talk to edd. like why cant they just answer their phones like normal ppl???
0 coins
Lily Young
why is the edd system so broken??!! its like they WANT to make everything as difficult as possible!! i swear they intentionally make mistakes so they can charge overpayments and hope people dont appeal. disgusting.
0 coins
Sophia Carson
•I understand the frustration, but in fairness, the vast majority of overpayment notices are legitimate. The system is definitely flawed, but it helps to focus on addressing the specific issue rather than assuming bad intent. The appeals process exists because they recognize that mistakes happen!
0 coins
Lily Young
•yeah right. you must work for EDD. they denied my roommate THREE TIMES for "not providing documents" that she literally uploaded to their system. THEN sent her an overpayment notice. the entire system is corrupt and everyone knows it.
0 coins
Kennedy Morrison
When I appealed my overpayment last summer, the hearing officer was actually really fair. I was super nervous but they just wanted to hear my side of the story. Just make sure you're organized and can explain clearly why you think you were eligible. I found that being calm and factual (rather than emotional) worked best. Oh and one more thing - they might offer you a settlement for a lower amount instead of going through the whole appeal. Consider it carefully before accepting or rejecting.
0 coins
Ana Erdoğan
•Thanks for sharing your experience - it's reassuring to hear the hearing officer was fair. Did you prepare specific documents or just explain your situation verbally?
0 coins
Kennedy Morrison
•Both! I had my termination letter, copies of my EDD applications showing I answered truthfully, and a timeline I created showing important dates. But I also practiced explaining my situation clearly. The hearing only lasted about 25 minutes.
0 coins
Jessica Suarez
Can you tell us what exactly the notice says about why you weren't eligible? The specific reason matters a lot for the appeal strategy. Is it saying you weren't available for work, or that you were fired for misconduct, or something else? The approach to defending yourself varies depending on what they're claiming.
0 coins
Ana Erdoğan
•It says my "reason for separation from employer does not qualify for benefits" - but I was laid off due to lack of work! The company downsized my entire department. I have the layoff letter that specifically states this. It's completely baffling why they're saying I didn't qualify.
0 coins
Jessica Suarez
•That's actually great news! If you have documentation showing a clear layoff due to lack of work, you have a very strong case. Make sure to include a copy of that layoff letter with your appeal form. That kind of concrete evidence is exactly what the judge will be looking for. Save the original but send a copy with your appeal.
0 coins
Jay Lincoln
wait so if ur appealing do u still have to make payments during the appeal process?? that seems really unfair
0 coins
Brooklyn Foley
•Great question. Technically, EDD can begin collection activities even while your appeal is pending. However, you can request a "stay of collection" by including this request with your appeal. They don't have to grant it, but they often will pause collection until the appeal is decided. Just make sure to specifically request this in writing when you file your appeal.
0 coins