What To Include in Your Benefits Overpayment Appeal

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I was very happy with my experience with Pershing Square Law Center and I highly recommend them! From start to finish, the experience has been excellent. I’m writing this review before receiving the judgment for my EDD appeal case, but I already feel incredibly grateful for my lawyer Charlie’s representation. I know without a doubt that I would have had no chance without him. I was able to speak with Charlie three times before the hearing, and he called me immediately afterward to go over everything. You can tell he is passionate about his work, genuinely a good human being with a good heart and a deep aptitude for what he does. When I first called Pershing Square Law Center, I was assisted right away, and they made it clear that I would be represented on contingency and that I would be not charged a fee directly. The intake process was friendly, concise, and included a brief conversation with the attorney. The intake staff member who handled my call was cordial, clear, and very helpful in completing intake documents. After the intake, I was pleasantly surprised and truly impressed by the responsiveness of the entire team, especially from Alison and Genecis. Every email and voicemail I sent with questions before my EDD hearing was answered clearly and professionally, usually within 24 hours and never later than 48. A unique aspect of my case is that it involved an overpayment appeal rather than a denial of benefits. This meant the potential contingency payout for Pershing Square Law Center was very small. Despite that, the team remained consistently responsive, and at no point did I feel that Charlie and the staff at Pershing Square Law Center treated my case as less important than a case with a larger potential for a payout. While writing this, I noticed some negative reviews. I can only speculate that those may come from people with highly emotional expectations of being guaranteed a big payday. My experience has been nothing but excellent, ethical, and professional from beginning to end. I Thank you, Pershing Square Law Center!
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Michael Turner
8 days ago
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Amazing law firm they helped me win my appeal they even called a week later to ask if I needed help with anything else. The follow showed me what an amazing law firm they are and that they actually care about the clients. I would give 10 stars if I could thanks again
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Vahan
33 days ago
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I was originally denied my EDD disability benefits in California, but Pershing Square Law Firm, PC stepped in and filed an appeal. They got my temporary disability benefits approved within 30 days. Every member of the firm I spoke to was very professional, and the team was responsive, kind and really knew the process. I highly recommend them if you’re facing a denial.
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Omar H
39 days ago
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Well, I have to say that if I could give a 100 million stars, I would Assaf really did create a miracle? I appreciate all the work. Thank you to the whole law firm. And most of all, thank you
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Tamara Utterback
39 days ago
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They are the best always fighting for you they’re never stop doing it I am very proud and satisfied with my lawyer they won my case thanks for eveer guys good team
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Dio
44 days ago
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I highly recommend and appreciate this firm. I had an EDD conundrum very very time consuming and had alot of moving parts. I had no idea what to do when it all started. Everyone's case is different but trust the process. Charlie will fight for you. Charlie and Alison were communicating with me throughout this journey. Thank you Charlie 😊
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LaTonya Stewart
63 days ago
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I wanna start by saying how satisfied and happy I am to have found Pershing law firm They were able to help me get my EDD case resolved results were amazing. Their staff was super friendly, helpful and diligent in their work 10 out of 10 would recommend if you are in need of help with the Edd this firm is who you need
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wilburg cornejo
89 days ago
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Absolutely will recommend Charlie Minchenberg. Won my case even though I was incarcerated. 100 percent reccomend this law firm as well Charlie.
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Christian Rubalcava
105 days ago
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I like to thank the Team at Pershing square, Dafne, Assaf, and Daniel for helping me through 2 cases. I owe Assaf a big thanks for winning the PUA case for me years ago and this time Daniel for his excellent guidance with my EDD case. Especially a case that’s classified as voluntary quit ( one of the harder cases to fight). To all the people complaining about how little the attorney does during the hearing you shouldn’t, because in these cases, all the judge really cares about is your testimony and your opponents testimony if there are any, it is not criminal defense stuff. Daniel did a tremendous job helping me prepare and I was nailing the judges questions. At last, thank you guys so much again. This is the end of my dealings with EDD for my lifetime and to all of you reading this, they are absolutely the best reliable attorneys to hire if it is a tough case.
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The New Right
152 days ago
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There truly are not enough words to express how grateful I am to Pershing Square Law Firm, especially Charlie, Alexis, and their entire team. They helped me through an incredibly stressful EDD overpayment appeal case that had been weighing heavily on me and my family for a long time. From the very beginning, they treated me with kindness, patience, professionalism, and genuine care. At a time when I felt anxious, overwhelmed, and uncertain about the future, they gave me reassurance, guidance, and confidence throughout the entire process. They never made me feel like just another case. They listened to my situation, believed in me, and fought hard on my behalf every step of the way. Charlie represented me with incredible professionalism and dedication, and Alexis was always responsive, supportive, and compassionate whenever I had questions or concerns. Their communication and commitment truly made one of the hardest situations in my life feel manageable. Thanks to their hard work and persistence, we were able to achieve a positive outcome in my case, which brought an enormous sense of relief to me and my family. Looking back now, the retainer fee was absolutely worth it for the peace of mind, support, and outcome they helped me achieve. If anyone is dealing with an EDD overpayment or appeal issue and wants a team that genuinely cares about their clients, I wholeheartedly recommend Pershing Square Law Firm. I am beyond thankful for everything they did for me. Thank you again to Charlie, Alexis, and the entire team from the bottom of my heart.
Ai N profile picture
Ai N
153 days ago

If the EDD decides you were overpaid, you can appeal that decision. The appeal turns on codes, regulations and procedure, which is what makes it hard to approach without legal training. All of the legal references to codes, regulations, and procedures tend to be overwhelming. This information aims to ease a little of that tension by briefly summarizing the appeals process. Most of the information provided is related to unemployment insurance appeals. Learn below what to include in your benefits overpayment appeal.

How the Process Begins

At the start of this process, the EDD will send you a notice of potential overpayment. This is because it needs more information to decide whether overpayments occurred. You will need to respond to the department’s notice within 15 days.

If the EDD believes the overpayment was not your fault or was not fraud, they will send you a personal financial statement to return. That may allow you to receive an overpayment waiver that will prevent you from having to repay funds.

Issuance of the Overpayment Notice

The process begins when the California Employment Development Department provides the guideline for Benefit Overpayment Services determines that you received benefits you were not entitled to. This could result from various factors, including income misreporting, eligibility changes, or conflicting employer records.

Once identified, the agency issues a formal Notice of Overpayment, which specifies the amount owed, the reason for the determination, and whether the overpayment is classified as fraudulent or non-fraudulent.

Understanding the Type of Overpayment

It’s important to distinguish between fraud and non-fraud overpayments. Fraud determinations typically involve penalties and extended disqualification periods, while non-fraud cases may offer more flexibility, including the possibility of waivers.

The distinction matters, because it affects both the argument you make and the consequences of the appeal.

Legal Framework Behind the Process

The overpayment system operates under California unemployment insurance laws, which are designed to maintain program integrity while protecting claimant rights. These regulations ensure that individuals are notified of determinations and given a fair opportunity to respond.

For a broader understanding, see our guide A Quick Guide to the EDD Unemployment Appeal Process, where similar employment-related disputes are analyzed in detail.

How You Can Appeal

When applicants qualify for the waiver, the EDD will send them a notice listing the amount they don’t have to pay. But if they do not qualify, the EDD will send a notice of overpayment listing why it denied the waiver. If you wish to appeal, you must submit it within 30 days of the mailed date on the notice.

One thing you need to include in your benefits overpayment appeal is an appeal form that the EDD sent with your notice. You can also find the form on the EDD’s website. You may also submit a letter that says you want to appeal the decision and why and include your name, address, and social security number.

Filing Your Appeal

To initiate your benefits overpayment appeal, you must submit a formal request, usually using the designated appeal form or a written letter. Your submission should include your identifying information, the reason for your appeal, and any supporting documents.

Be sure to clearly reference the determination you are challenging and attach copies (not originals) of your evidence.

Where and How to Submit

Appeals are typically submitted by mail or fax to the address listed on your notice. While the process may seem administrative, it is in fact a legal proceeding, and your submission becomes part of the official record reviewed during the appeal.

You can find detailed instructions and official guidance directly through the California Employment Development Department, which outlines how to properly file and track your appeal.

Preparing for the Hearing

Once your appeal is accepted, your case may be scheduled for a hearing before an administrative law judge. This is your opportunity to present evidence, testify, and respond to any questions regarding your claim.

Preparation is key. Organize your documents, outline your arguments, and be ready to explain your position clearly and confidently. You may also have the option to bring witnesses or legal representation, depending on the complexity of your case.

What May Happen Afterward

After you send your appeal, the California Unemployment Insurance Appeals Board may mail you a notice approving your appeal. But if not, it will send you a denial notice, and you will receive more notifications saying you owe money for the overpayment.

After the hearing, the judge will issue a written decision. There are several possible outcomes:

  • Appeal Granted: The overpayment is reversed, and you are no longer required to repay the amount.
  • Appeal Denied: The original determination stands, and repayment is required.
  • Partial Decision: Some portion of the overpayment may be upheld while other parts are dismissed.

Each outcome will include a detailed explanation of the reasoning behind the decision.

Repayment or Waiver Options

If your appeal is denied, you may still have options. In certain cases, particularly non-fraud overpayments, you can request a waiver, arguing that repayment would cause financial hardship or that the overpayment was not your fault.

Understanding these options is essential, especially if the repayment amount is significant.

Further Appeals and Legal Remedies

If you disagree with the outcome, you may have the right to pursue further appeals through higher administrative bodies or even the court system. While this step involves additional legal complexity, it provides another opportunity to challenge the decision.

The process becomes more formal and more procedurally demanding at this stage. If you are unsure what your appeal should contain, or how to approach a further appeal, speaking with an overpayment appeal attorney can help you understand your options.

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