Need recommendations for EDD appeals attorney after being denied for false statement penalty
Hey everyone, I'm in a really tough spot. EDD just denied my unemployment claim due to what they're calling a 'false statement disqualification' - apparently there was some discrepancy between what I reported for work hours and what my employer reported. Now I'm facing a 5-week penalty period AND they want me to pay back $4,800! I'm freaking out because I know I was honest on all my certifications. I tried calling EDD 17 times yesterday but either got the 'too many callers' message or was disconnected. I've filed an appeal, but I'm thinking I need to hire an attorney who specializes in EDD cases. Has anyone here worked with a lawyer who actually helped win their EDD appeal? What was your experience like and what did it cost? I'm desperate for some guidance since I can't afford to lose this battle.
14 comments
Zara Ahmed
I went through something similar last year and hired Westfall & Associates. They specialize in EDD appeals and really knew their stuff about false statement disqualifications. My case involved a misunderstanding about some freelance work I did while receiving benefits. The attorney cost $750 for the entire appeal process, and it was worth every penny because we won. The key was they helped me gather very specific documentation that proved I didn't intentionally misreport anything. Make sure you request your claim file from EDD ASAP - you'll need to see exactly what evidence they're using against you. Also, don't miss your appeal deadline - it's usually 30 days from the disqualification notice date.
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Sean O'Donnell
•Thank you so much for this recommendation! Did Westfall & Associates handle everything or did you have to appear at the hearing too? I'm going to call them tomorrow. And thanks for the tip about requesting my claim file - I wouldn't have thought to do that.
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Luca Esposito
WHY waste money on a lawyer??? EDD system is BROKEN but you can fight it yourself! I got hit with a 11-week penalty for supposedly not reporting a job interview (which is RIDICULOUS because I DID report it). I appealed myself and WON. The ALJ (Administrative Law Judge) at the hearing could tell the EDD was being unreasonable. Just make sure you have ALL your evidence organized and practice what you want to say. The whole lawyer thing is a SCAM in my opinion!!! The appeal process is designed for regular people to use without attorneys!!!
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Nia Thompson
•not everyone can represent themself tho...i tried doing my own appeal and got so nervous during the hearing that i couldnt even remember dates or explain things clearly. ended up losing and wish id hired someone. depends on how complicated ur case is
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Mateo Rodriguez
I'd recommend contacting your local Legal Aid office before hiring a private attorney. Many offer free assistance with EDD appeals if you qualify financially. They helped me win my appeal last year when I was disqualified for supposedly turning down suitable work (which I hadn't). On the false statement issue - the key is proving whether the mistake was intentional or not. If you can show it was an honest error or misunderstanding, you have a good chance of getting the penalty weeks removed. Be prepared to explain exactly why the discrepancy happened between your reporting and your employer's reporting. Keep all your pay stubs, work schedules, and any communications with your employer about your hours. Those will be crucial evidence at your hearing.
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GalaxyGuardian
•Legal Aid is great advice! I called them for help with my EDD overpayment case last month but they had a 3-week waiting list just for the initial appointment. So definitely call them ASAP if you're going that route!!!
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Aisha Abdullah
i no this isnt what u asked but have u tried using claimyr to get through to edd? before u drop $$ on a lawyer maybe try talking to edd directly. i used it last month when i had a similar issue and got through to a tier 2 specialist in like 20 mins after trying for days on my own. they have a video that shows how it works https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km the rep i talked to explained that sometimes these false statement things can be resolved without a formal appeal if u can get someone on the phone who can review ur case. might be worth a shot before paying lawyer fees. the site is claimyr.com
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Sean O'Donnell
•I've never heard of this service before! I'm definitely going to try this before shelling out hundreds on an attorney. If I can just get someone at EDD to review my case, maybe they'll see it was just a misunderstanding. Thanks for sharing this!
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Ethan Wilson
I used Law Firm of Roquemore, Pringle and Moore for my appeal when I was hit with a false statement penalty for supposedly not reporting some vacation pay (that I definitely did report!). They charged a flat fee of $1,200, which seemed high but I was desperate. The results were mixed. We won the appeal and got the penalty weeks removed, but I still had to repay about half the overpayment amount. The attorney told me that's actually a good outcome since false statement cases are hard to win completely. One thing I learned: these appeals take FOREVER. Mine took almost 4 months from filing the appeal to having the hearing. Then another 3 weeks to get the decision. So prepare for a long wait.
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Luca Esposito
•$1,200?!? That's RIDICULOUS for what's basically a 2-hour hearing! This is exactly what I'm talking about - these lawyers are making a killing off people who are already struggling financially. The EDD appeals manual is FREE online and explains everything you need to know!
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Nia Thompson
my friend had sucess with california rural legal assistance. they took her case for free cuz she was low income. but they only help people in certain counties so depends where u live
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Yuki Tanaka
•There's also the Workers' Rights Clinic through certain law schools that sometimes helps with EDD cases. I volunteered there during law school and we helped lots of people with unemployment appeals. Worth checking if there's one near you.
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Sean O'Donnell
Update: I tried that Claimyr service someone mentioned and actually got through to EDD today! The rep looked at my case and explained that my employer reported I worked 28 hours one week when I only reported 22 hours. I double-checked my records and realized I accidentally entered the wrong week's hours (I was working variable shifts at the time). The good news is since I can prove it was an honest mistake with my work schedules, she said I have a good chance of winning the appeal and getting the false statement penalty removed. I might still need to repay the overpayment for that week, but that's way better than the full $4,800 plus penalties! I'm going to try Legal Aid first as suggested, but if they can't take my case due to backlog, I'll reach out to one of the attorneys recommended here. Thanks everyone for your help!
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Zara Ahmed
•That's great news! And exactly why it's so important to get an actual person to review your case. False statement penalties are supposed to be for intentional fraud, not honest mistakes. Make sure you bring printed copies of your work schedules to the hearing as evidence. Good luck with your appeal!
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