EDD overpayments can involve Unemployment Insurance (UI), Disability Insurance (DI), or Paid Family Leave (PFL). First identify the program, then the reason for the overpayment and whether EDD alleges fraud. Those are separate parts of the determination.
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Unemployment Overpayments
A UI overpayment may follow incorrect wage reporting or a later decision that you were ineligible for particular weeks. Compare the assessed weeks with your work records, certifications, and eligibility correspondence. Our certification guide explains reporting work and wages.
Disability and PFL Overpayments
DI and PFL disputes can concern income, leave or disability dates, and whether eligibility continued during the paid period. Match the reason in the notice to the relevant wage, medical, bonding, caregiving, or military-assist records. Do not assume that an overpayment in one program follows every rule of another.
Fraud and Non-Fraud Findings
A fraud finding concerns intentional false information or withholding of information. An incorrect payment or missing document does not, by itself, establish intent. Check what EDD actually determined rather than assigning a fraud label from a short example.
EDD’s overpayment and penalty guidance explains the classifications and consequences. A non-fraud finding does not automatically eliminate repayment; review whether waiver rules apply.
Requests for Information and Waivers
A Notice of Potential Overpayment asks for information. EDD states a 15-day response period for UI and 14 days for DI or PFL. Follow the notice’s instructions.
EDD’s current waiver process uses a Personal Financial Statement (DE 1446), and the agency says you cannot request a waiver if it did not send that statement. The financial review is separate from disputing the underlying finding. Our overpayment waiver guide explains the distinction without treating an old income table as a current threshold.
Appeals and Collection
EDD’s overpayment instructions state that an appeal is due within 30 days of the mailed date on the notice. Explain any delay in a late appeal; an Administrative Law Judge considers good cause. Follow the particular notice’s form and mailing instructions.
A collection notice addresses a debt that remains due. Repayment arrangements and benefit offsets do not themselves reverse the determination. Our overpayment response guide explains how to organize the notices and your next steps.
Help With an Overpayment Determination
Reviewing the notice means checking the facts, identifying the issue in dispute, and gathering the records that support your position. An attorney can work through that evidence with you and prepare an appeal.
At Pershing Square Law Firm, we work with California EDD claimants on determinations and hearings. If you would like help reviewing your notice, our benefit overpayment appeal team would be glad to assist.
