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Isaiah Thompson

Will EDD pay backpay for weeks served under penalty weeks? Confused about benefits

Just found out I have 6 penalty weeks on my claim from a previous overpayment situation that wasn't my fault (employer reported wrong wages). My question is - do we actually get paid for these penalty weeks eventually, like some kind of backpay? Or is it just 6 weeks of certifying with zero dollars? I'm totally confused because my friend said something about getting money after the penalty period is over, but the EDD website is super vague. I need to budget accordingly since I just got laid off from my warehouse job after only 4 months. Any clarification would be really appreciated!

Ruby Garcia

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No, you don't get backpay for penalty weeks. That's the whole point of the penalty - you certify as normal but don't receive benefits for those weeks. Once you've served all 6 penalty weeks, then you'll start receiving your regular weekly benefit amount for each week you certify (assuming you meet all other eligibility requirements). The penalty weeks are essentially weeks where you'd otherwise qualify for payment but don't receive anything as a penalty for the previous issue.

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Ugh, that's what I was afraid of. So I'm basically just going to be certifying for nothing for a month and a half? This feels so unfair since the overpayment wasn't even my fault. Is there any way to appeal these penalty weeks or get them removed?

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in the same boat rn... 8 penalty weeks for me bc of a mistake THEY made but somehow i'm being punished?? edd system is a joke

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You can actually appeal penalty weeks if they were imposed because of an error that wasn't your fault. Did you file an appeal of the original overpayment determination? If EDD made the mistake, you shouldn't be serving penalty weeks at all. I'd recommend checking your notice of determination to see the reason listed for the penalty, then filing an appeal if you haven't already.

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I HAD THIS EXACT PROBLEM!!! They hit me with 10 penalty weeks because of some mix-up with my previous employer. Called them 37 TIMES before finally getting through to someone who could actually help. The agent explained that penalty weeks are weeks where you get ZERO payment - it's not held and given to you later. It's a punishment plain and simple. The whole thing is designed to be confusing on purpose if you ask me. They have these weird rules and never explain them clearly on the website.

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Maya Lewis

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how did u manage to get thru to a real person? every time i call its just 'we are experiencing high call volume' and then it hangs up on me. been trying for 3 days straight

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Isaac Wright

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I was struggling to reach EDD too and found a service called Claimyr that actually got me through to an agent in about 20 minutes. It saved me days of frustration. They basically call EDD for you and when they get through, they connect you with the agent. Worth checking out their website at claimyr.com - they have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Definitely helped me get my penalty week questions answered when I couldn't get through on my own.

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Lucy Taylor

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Your friend probably confused penalty weeks with a regular hold on your claim. Penalty weeks = no money ever. Account hold = delayed money that you eventually get. Easy mistake to make since EDD uses weird terminology for everything!

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That makes so much sense! I bet that's exactly what happened. My friend was probably talking about a hold situation not penalty weeks. Thanks for clarifying!

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To add some additional clarity here, penalty weeks are distinct from disqualification weeks. With penalty weeks, you must continue to certify and meet all eligibility requirements (available for work, searching for work, etc.), but you receive no payment. These weeks count toward your benefit year and reduce your maximum benefit amount. The number of penalty weeks is determined by the nature of the violation - usually 2-15 weeks depending on severity. The fact that you have 6 suggests a moderate issue. If the overpayment truly wasn't your fault (meaning EDD made an administrative error rather than you or your employer providing incorrect information), you should appeal immediately. You have 30 days from the date on your determination notice to file an appeal.

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wait they REDUCE your maximum benefit amount too?? so not only do i not get paid for 8 weeks, they actually take that money away permanently? thats insane

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No, I should clarify - they don't reduce your weekly benefit amount, but those weeks count against your total available weeks in your benefit year. Standard claims provide 26 weeks of benefits - so if you serve 6 penalty weeks, you'd have 20 weeks of payable benefits remaining. Your maximum benefit amount (MBA) is your weekly benefit amount multiplied by the number of available weeks. So yes, effectively you're losing those benefits permanently (they're not held and paid later).

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Maya Lewis

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my cousin had penalty weeks last yr and he said the worst part was having to do all the work search stuff and certify even tho he wasnt getting paid. make sure u still do all that or they can give u more penalty weeks for not certifying properly

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Thanks for the warning! I'll definitely keep certifying and documenting my work search activities. The last thing I need is MORE penalty weeks on top of what I already have.

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Ruby Garcia

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One more thing that might help - make sure you check your UI Online account for any outstanding tasks or messages. Sometimes there are additional steps required to clear penalty weeks, and those notifications can get buried in your inbox or task list. If you believe the penalty was applied in error, you should also gather documentation showing that the incorrect wage reporting was your employer's mistake, not yours. This would be essential for an appeal.

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That's really helpful - I just checked and there actually IS an unread message in my UI Online inbox about the penalty weeks. It references the appeal process too. I'm going to gather all my pay stubs from that job to show the correct wages and file an appeal this week. Hopefully I can get this sorted out!

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Mei Liu

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Good luck with your appeal! Just want to add that when you gather your documentation, make sure to include any written communication you had with your employer about the wage discrepancy. If you have emails or texts showing they acknowledged the error, that can really strengthen your case. Also, if you have your final pay stub from that job, compare it to what EDD shows they reported - sometimes the mistake is obvious when you see them side by side. The appeal process can take a while (like 2-3 months in my experience) but it's definitely worth it if you can prove the error wasn't your fault. You might even be able to get those penalty weeks removed retroactively.

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This is super helpful advice! I didn't even think about looking for written communication with my employer. I actually do have a few texts where my manager admitted they messed up the wage reporting to EDD. I'm definitely going to include those with my appeal. It's frustrating that it might take 2-3 months to resolve, but at least there's hope I can get these penalty weeks removed. Thanks for the detailed guidance - this gives me a much clearer path forward!

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CosmicCruiser

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Just want to jump in here as someone who went through a similar situation last year. I had 4 penalty weeks due to an employer wage reporting error and it was incredibly frustrating. The key thing I learned is that you absolutely need to appeal if the mistake wasn't yours - don't just accept the penalty weeks. I initially thought it wasn't worth the hassle, but after reading posts like this and getting advice from other community members, I decided to fight it. It took about 10 weeks total, but I eventually got the penalty weeks completely removed and received backpay for the weeks I had already served the penalty. The documentation is crucial - I gathered my pay stubs, tax forms, and even a letter from my former employer acknowledging their reporting error. Don't give up on the appeal process even if it seems daunting!

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Justin Chang

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Wow, this is exactly what I needed to hear! I was starting to feel like maybe I should just accept the 6 penalty weeks and move on, but hearing that you actually got backpay for the weeks you already served gives me so much hope. I'm definitely going to push forward with the appeal now. Quick question - when you say you got backpay for weeks you had already served the penalty, does that mean you were certifying during those penalty weeks and then got paid for them later once the appeal was successful? I want to make sure I understand the process correctly before I get my hopes up too much.

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