Will EDD take money from my new claim to pay off previous overpayment?
So I found myself in a tough spot recently and had to file a new unemployment claim because I lost my warehouse job last month. Here's the thing - I have an outstanding overpayment from my claim back in 2023 (about $2,800 that I still haven't been able to pay back). I'm worried about what happens if I get approved for this new claim. Will EDD automatically take my weekly benefits to pay off my old debt? Has anyone dealt with this situation before? I really need this money for rent and groceries right now, and I'm afraid I won't see a penny if I get approved. Do they take the whole amount or just a percentage?
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Amelia Cartwright
Yes, they absolutely will take money from your new claim to pay off the old overpayment. This happened to me last year. EDD took 25% of each weekly payment to go toward my old overpayment. So if your benefit amount is $450, you'd only receive $337.50 each week, with $112.50 going toward your debt. You can call and try to negotiate a lower percentage if you can prove financial hardship, but good luck getting through to anyone!
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Chris King
•This is correct, but I want to add that in certain situations, they CAN take 100% of your benefits if your prior overpayment was due to fraud rather than a non-fraud reason. You should have received a Notice of Overpayment that specifies which type yours is. Non-fraud overpayments typically result in the 25% reduction the previous commenter mentioned. I'd recommend checking your UI Online account documents section to confirm which type you have.
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Rachel Clark
they took 100% of mine for 3 weeks til i called and complained. total nightmare getting thru. spent like 6 hrs on hold over 2 days before they picked up
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Zachary Hughes
•I've found that using Claimyr has been a game-changer for getting through to EDD. I was in a similar situation with an overpayment issue and couldn't get through for days. Their service connected me to an EDD representative in under 30 minutes. You can see how it works in their video demo: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and their website is claimyr.com. Definitely worth it when you're dealing with something time-sensitive like benefit offsets.
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Mia Alvarez
u can also file for an overpayment waiver if u can prove financial hardship. google "DE 1446W" form. theres a chance they might waive the whole thing if ur really struggling!!
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Carter Holmes
•This is partially correct, but I want to clarify that overpayment waivers are primarily for non-fraud overpayments where repayment would cause extraordinary hardship. The criteria are actually quite strict. The DE 1446W form is the right form, but approval is not guaranteed. In the meantime, you'll still have the offset applied to your new benefits until a decision is made on your waiver request, which can take 2-3 months to process currently. Also, keep in mind that you must file the waiver within 30 days of receiving your overpayment notice, though EDD may consider late requests with good cause.
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Amelia Cartwright
Also remember that you need to still certify every two weeks on time even if they're taking money for the overpayment. Missing certifications will just create more problems!
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Sophia Long
I had this exact problem in 2024!! They ended up taking 25% of each payment but I called (took FOREVER to get through) and explained my situation with rent and kids and stuff and they reduced it to 15% for 6 months. So it's worth trying to negotiate but prepare for hell getting through to someone who can actually help. Make sure you have all your financial documents ready to prove hardship when you call.
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Royal_GM_Mark
•That's really helpful to know they might be flexible with the percentage. I've got medical bills too so maybe they'd consider reducing it. I'll try calling tomorrow morning.
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