An overpayment of benefits occurs when the Employment Development Department (EDD) wants you to pay back the benefits that you collected. But these usually come with penalties and interest and are subject to false statement weeks. Before you comply and make these payments to the EDD, make sure you speak with our counsel at Pershing Square Law Firm first. As experienced EDD overpayment lawyers in California, we’re very familiar with this issue and how the EDD may actually be wrong while you’re in the right.
A significant number of the overpayments and penalties that the EDD issues each year are unjustified. But the process of appealing overpayments, especially old ones, can be complicated, especially if you try to do it on your own and don’t have any previous legal experience. Additionally, the appeals process often requires attention to specific details and special preparation.
It is advisable to hire one of our trained and experienced unemployment overpayment lawyers to help you take on the headaches of the appeals process. We’re ready to challenge the overpayment so that you can avoid having to pay any amount that could be mitigated. We can help ensure that the money that’s rightfully yours stays in your bank account where it belongs.
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As experienced EDD overpayment lawyers, we encountered a large variety of overpayment cases. Owing money to the EDD can be disruptive, and at times devastating to your personal life. It can lead to a court judgment against you that would seriously hurt your credit score for years, you may be subject to aggressive collection efforts by the EDD, such as interception of your tax return checks, wage garnishments and a levy on your bank account. You may also become unable to collect benefits when you need them the most. Worse yet, the annual interest is staggering, so failing to appeal may leave you with a high-interest debt with no option other than repayment.
You were paid wages while you collected unemployment or disability benefits.
The EDD discovered new facts and found you ineligible after they had already started paying you benefits.
The EDD found you were not able and/or available to work full-time after it had already paid you unemployment benefits.
The EDD learned about a worker’s compensation claim or private insurance claim after you they had already paid some or all of your disability claim.
The EDD sent you to an Independent Medical Examination and their doctor decided you were healthy enough to return to work.
The EDD paid you benefits and your last employer is appealing your eligibility for unemployment benefits.
EDD believes you willfully provided false information to get paid benefits you were not entitled to.
The EDD retroactively changed your Weekly Benefit Amount to a lower computation.
We are trusted by the thousands of Californians whom we have served over the years.
In most cases, we will only earn our fee if you win. In others we will offer an affordable flat-fee payable in payments.
Our law firm understands that hiring a lawyer can be challenging or even intimidating, but we are confident in our ability to help. That’s why we have created the Fee Guarantee.
Our Fee Guarantee is a promise to obtain relief in your case. This means that if we do not obtain any relief in your case, you will not have to pay our fee.
With the Fee Guarantee, you will have peace of mind that your attorneys are going to do their best to protect and promote your interests. You will know that any money you put towards the fee will be protected and fully reimbursed if we fail to obtain relief, providing you with:
The Fee Guarantee is offered to all clients, except for the following:
• EDD Tax Audit cases: Audit cases are cases we represent businesses that undergo an EDD audit for unpaid payroll taxes. The Fee Guarantee does not apply to such cases.
• Writ of Mandate cases: Writ of Mandate cases are cases in which our office appeals a denial by the Appeals Board to the Superior Court. These are often complicated and protracted cases. The Fee Guarantee does not apply to them.
• Cases deemed ‘high risk’: If an attorney deems a case as ‘high risk’ in the free consultation, we may either turn down the representation or offer representation under advisement that it is ‘high risk’. If the client chooses to proceed, we will not offer the Fee Guarantee.