If EDD says you were overpaid, read the notice before deciding how to respond. A request for information, an overpayment determination, and a collection notice serve different purposes. Check the document’s title, date, benefit weeks, amount, and instructions.
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Match the Notice to Your Records
Gather your certifications, wage statements, payment records, and earlier EDD correspondence. Compare the weeks EDD questioned with when you worked, earned wages, or otherwise met the eligibility requirements. Keep a complete copy of the notice and the envelope if it arrived by mail.
Respond to a Potential Overpayment
EDD’s overpayment notice guidance states that a potential UI overpayment response is due within 15 days; for DI or PFL, it states 14 days. Follow the document’s instructions and retain proof of delivery. Explain discrepancies with supporting records.
Decide Whether To Appeal
If EDD issues an overpayment determination and you disagree, identify the findings you dispute. The agency’s instructions state an appeal period of 30 days from the mailed date. A late appeal must explain the delay, and an Administrative Law Judge considers good cause.
Our overpayment appeal guide explains preparing an appeal and evidence. Do not assume that discussing payment extends the appeal deadline.
Review Any Waiver Documents
A waiver addresses repayment under the applicable requirements. It is separate from whether EDD correctly assessed the benefits. If EDD sends a Personal Financial Statement (DE 1446), complete the requested financial information accurately. The agency says you cannot request a waiver if it did not send that statement.
Our overpayment waiver guide explains the process. Confirm the income table applicable to your notice rather than relying on an older threshold.
Manage a Debt That Remains Due
Read the collection notice for repayment details and the identifiers needed to access payment services. EDD may offset future benefits or use other collection methods. Review the payment options offered for your debt; an installment arrangement does not itself cancel it.
Keep records of payments and deductions so you can compare them with later balance statements. For help assessing a disputed finding, our guide to involving an overpayment attorney explains what representation can cover.
Help With an Overpayment Notice
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.
