Results 1 to 4 of 4

Hybrid View

  1. #1

    Unhappy EDD Overpayment

    My question involves unemployment benefits for the state of: California
    I received a letter last year stating that I was over paid Ui benifits. of like $900 for a claim in jan 2009. at the time i was on regular ui benifits. but also working part time. i have since done workshare at times. i went to apply for work share and found out i have a 13weeks penalty also. they said i can still appeal it, even though I've almost paid off the over payment. so i would only be appealing the penalty. the over payment happened because at my job i don't always make a certain amount per hour, sometimes it more. I tried to assess it the best i could but apparently messed it up. ON accident though, I did not intend to fraud EDD. I'm afraid there might be other claim periods with similar overpayments that EDD did not catch. Should i appeal it? or will EDD further check up on other claim period, possibly resulting in more overpayments?. PLease help/ thamks

  2. #2
    Join Date
    Sep 2011
    Posts
    437

    Default Re: EDD Overpayment

    If you know you were overpaid and owed the State the money, why would you appeal it? You need to do your very best to report your weekly wages to EDD accurately.

    Your UC benefits are going to be audited periodically by the State - as is everyone else's if what the employee reported for wages conflicts with what the employer reported. There is no avoiding that and appealing the current overpayment decision will change nothing. Be careful - if you are routinely under reporting your income, the UC Division is going to be on alert to watch your claims. You don't want them coming after you for fraud.

  3. #3

    Default Re: EDD Overpayment

    Thank you for your reply, it has been 2-3 years since I was filling out the continued claim form while working. Now I'm either fully laid off for the winter or on Workshare. I didn't intentionally fill it out incorrectly, but when I got the notice of over payment I thought it may have been plausible that I accidently did so. I'm just worried, I did so on other occasions. I know ignorance isnt an excuse but I at least know exactly what I'm making now. I'm not going to appeal the penalty. I'm saddened that it appears as I did it on purpose though

  4. #4
    Join Date
    Sep 2011
    Posts
    437

    Default Re: EDD Overpayment

    People do accidentally report their wages incorrectly. I expect the UC Division is well aware of this but there is also a sizeable group of people who actively engage in unemployment fraud, i.e. purposefully underreport their wages or continue/open UC claims while they're fully employed. When the UC division initially sees a discrepancy, they can't tell the difference between an honest error and someone engaging in fraud.

    Mainly what the UC Division cares about is getting the money back. My caution was just so that you don't continue to make accidents when reporting your wages. If there is a pattern of that, the UC Division could conclude it's fraud and not just an honest mistake.

    1. Sponsored Links
       

Similar Threads

  1. Overpayment of Unemployment
    By winslow in forum Worker's Compensation
    Replies: 1
    Last Post: 11-27-2010, 06:03 PM
  2. Unemployment Benefits: EDD Overpayment for Temporary Job
    By DR106 in forum Employment and Labor
    Replies: 5
    Last Post: 08-05-2010, 11:55 AM
  3. Consumer Law Issues: Pension Overpayment
    By question4 in forum Consumer Law
    Replies: 1
    Last Post: 05-11-2010, 04:59 PM
  4. Overpayment Restitution
    By twlawhelp in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-26-2009, 08:18 PM
  5. Retail Fraud / Shoplifting: Refund Overpayment
    By Overpayment of Refund in forum Criminal Charges
    Replies: 2
    Last Post: 08-21-2007, 01:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources