When California’s Employment Development Department (EDD) decides that you received benefits you were not eligible for, it is a good idea to appeal as soon as possible. But people make mistakes, and life can get in the way and delay you from appealing. If you are in such a situation and want to know how far back you can appeal an EDD overpayment decision, continue reading.
When You Should Appeal
When the EDD decides that you received unemployment, disability, or paid family leave benefits you weren’t eligible for, it will send you a notice. It will tell you how much you owe, explain the weeks you received overpayments, and guide you on how to appeal.
As for the question of how far back you can appeal an EDD overpayment decision, the answer varies. Usually, you should file the appeal within 30 days of your notice’s mailing date. If you miss this deadline, the EDD may reject your appeal. However, if you are appealing unemployment overpayments, you or your EDD overpayment lawyer may be able to prove to the California Unemployment Insurance Appeals Board (CUIAB) that you have a good reason for appealing late.
How You Can Make Your Appeal
When you make your appeal, you should be able to use a form included with your notice or download one from the EDD website. If you misplace the form, you can even write a letter to the EDD explaining why you believe the decision is incorrect.
You can also hire a lawyer to help you in this process. An attorney can help you prepare your documents for your appeal and advise you on what areas of your case you should be focusing on the most.
What Happens Next
After you have made your appeal, the CUIAB may send you a notice saying that it has approved it and that you do not have to worry about paying any sum. However, if it denies the appeal, you will continue getting notices until you complete the payment.
Contact Pershing Square Law Firm today if you need guidance in completing your overpayment appeal. Our attorneys can help you prepare your case and create a plan to ensure your victory.
