Online Payment OptionsEDD overpayments often come as a surprise, especially in non-fraud situations. A notice does not automatically mean you must immediately repay the entire amount. Depending on the circumstances, you may have options to appeal the determination, negotiate repayment terms, or even qualify for EDD overpayment forgiveness.
An experienced attorney can help you understand your rights, protect your interests, and pursue the most favorable resolution available.
Understanding Overpayments
People overpay for their benefits when the EDD believes that a claimant isn’t entitled to benefits they have already received. Consequently, when the department identifies an overpayment, it demands repayment. This can sidetrack claimants, as repayments may come with penalties.
Overpayments happen for various reasons, including a department error while issuing benefits. However, fraudulently claimed benefits also lead to overpayments.
If claimants don’t work out a repayment plan or appeal the notice of overpayment, the EDD will go toward debt collection.
Why do overpayments happen?
Overpayments are not always caused by intentional misconduct. Often the recipient acted in good faith and believed the amount was correct.
Common reasons include:
- Misreported income.
- Incorrect information provided by employers.
- Eligibility disputes.
- Administrative mistakes.
- Delays in processing updated information.
- Changes to benefit calculations.
Because every case is unique, determining the cause of the overpayment is often the first step toward identifying the best course of action.
Fraud vs. Non-Fraud Overpayments
The EDD classifies overpayments as either fraud or non-fraud.
Fraud Overpayment
If the EDD determines that you intentionally provided false information or withheld material facts, the overpayment will be classified as a fraud overpayment. As a result, you may be required to pay an additional 30 percent penalty on top of the overpayment amount. Moreover, you could be disqualified from receiving future benefits for up to 23 weeks. Given these potential consequences, seeking legal advice early in the process is often critical.
Non-Fraud Overpayment
If the overpayment was not your fault, it’s considered a non-fraud overpayment. You will receive a notice telling you to repay the overpayment or if we need more information to determine if you were overpaid.
Repayment Options
After claimants receive a notice of overpayment, they should contact the EDD to discuss repayment options or appeal the notice (to prove that they owe nothing). Without a plan, the EDD will collect money through different methods. These methods include:
- Wage garnishment,
- Interception of tax returns
- Levy on bank accounts
- Lien on personal/ real property
- Deduction from unemployment or disability benefits
- Withholding lottery winnings
Repay Your Overpayment
You must have your Benefit Overpayment Collection Notice (DE 8344JUDR) to use most repayment options. It has your claimant ID and letter ID, which you must provide during the payment process for:
- EDD Benefit Overpayment Services Online (no fee).
- Automated Clearing House (ACH) debit (no fee).
EDD will mail you the Benefit Overpayment Collection Notice 30 days after:
- EDD mail the Notice of Overpayment.
- EDD mail the Notice of Denial of Benefits and Overpayment.
Important: Before you get the Benefit Overpayment Collection Notice you can repay your overpayment by:
- Check – Review your Notice of Overpayment for instructions.
- Credit or debit card through ACI Payments, Inc. (fee applies).
Note: You will need the amount owed for payment by check, debit or credit card, which can be found on your Notice of Overpayment or Benefit Overpayment Collection Notice.
Payment Options
Telephone Payments
Pay by Mail
Penalties
If you do not repay your overpayment on time, the money can be deducted from future unemployment, disability, or PFL benefits. We can also:
- Withhold your federal and state income tax refunds.
- Withhold your state lottery winnings.
- Withhold other money the state owes you.
- File a claim against you in court.
- Charge you court costs and interest.
- Record a lien on your property.
Appealing the Overpayment Determination
If you disagree with our decision to deny your benefits or require you to pay back overpaid benefits, you have the right to appeal. If you appeal, an Administrative Law Judge (ALJ) will review your case.
You must submit your appeal in writing within 30 days of the mailing date on your Notice of Determination and/or Ruling (DE 1080CZ) or Notice of Overpayment (DE 1444CT). You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the deadline. An ALJ will review your reasons for missing the appeal deadline. If the ALJ decides that you had good cause for missing the appeal deadline, the ALJ will continue to review your appeal.
To appeal, download the Appeal Form (DE 1000M) or use the copy included with your Notice of Determination or Notice of Overpayment. If you do not have access to an appeal form, you may still submit a letter to appeal. Afterward, you should mail the appeal form or letter to the address listed at the top of your Notice of Determination. Additionally, if you need the mailing address or a copy of your Notice of Determination or Notice of Overpayment, you may contact Unemployment Customer Service at 1-800-300-5616 or send a message through your UI Online account. or visit an America’s Job Center of California (AJCC) location.
Requesting a Waiver
Under certain circumstances, repayment obligations may be waived.
Generally, waivers may be considered when:
- The overpayment was not caused by fraud.
- The claimant acted in good faith.
- Repayment would create financial hardship.
- Recovery would be unfair or inequitable.
Waivers of EDD overpayments are not widely known about. An attorney can determine whether a waiver request is appropriate and help prepare the supporting documentation needed to strengthen the application.
Labeling EDD Overpayments
The classification assigned to an overpayment can significantly affect the outcome of a case.
Administrative Errors
Sometimes overpayments result from agency mistakes or delayed processing rather than claimant conduct. These situations often provide stronger grounds for appeals or waiver requests.
Eligibility Disputes
An overpayment may stem from disagreements regarding:
- Employment status.
- Availability for work.
- Earnings reporting.
- Separation from employment.
- Medical eligibility.
Because eligibility rules can be complex, legal guidance may help identify weaknesses in the agency’s determination.
Fraud Allegations
Fraud findings are among the most serious classifications.
Potential consequences may include:
- Financial penalties.
- Additional assessments.
- Benefit disqualifications.
- Increased repayment obligations.
- Possible criminal investigations.
Since fraud allegations involve substantial risks, professional representation can be essential.
Let an Attorney Help You
An attorney can help with EDD overpayment forgiveness by appealing the notice of overpayment. In non-fraud cases, claimants should explain why the EDD should reassess their case. This is the time to find errors on the department or employer’s side. Claimants should not carry penalties for something they did not do.
Our note on EDD eligibility requirements covers what determines a claim in the first place. If you would like a notice reviewed before you respond, our benefit overpayment appeal team can talk through the options.
Having an unemployment overpayment lawyer can make the difference. Our experienced team is here to help you. If you would like a notice reviewed before you respond, we can talk through the options.
