Unemployment can be a very frustrating time as you search for a job. But when the Employment Development Department (EDD) decides you received overpayments in your benefits, it can add to that aggravation. Fortunately, you can appeal that decision. 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.
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.
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.
If you are looking for an attorney for unemployment overpayment to assist you in the appeal process, contact Pershing Square Law Firm. Our experienced lawyers can help you challenge these decisions and eliminate or mitigate overpayments.
