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  1. #1
    Join Date
    Sep 2013
    Posts
    2

    Default Won an Appeal, but Benefits Reduced by Overpayment Not Included in the Decision

    My question involves unemployment benefits for the state of: california
    well i had an overpayment issue,caused by a 1253(a) and 1257(a),had my hearing and won on all cases,but edd did not put one of the overpayment pages in the case file.All overpayments were connected to the notice of determination dated 8-1-13,the ALJ reversed everything but this one page was not included,now edd wont pay me because they say the one overpayment does not have a ALJ decision,the two other pages of overpayments were cleared but the one that would of been between the other two has not,no way to appeal it because it is connected to the original appeal date of notice of determination,anyone that looked at the case could easily see that there should be no overpayment,what should i do now i have talked to them,they blame the ALJ i called the ALJ they blame edd and told me to contact them again to have it waived but edd will not comply,so how do i go about fixing this, 2 months no payments so far and today i got the threatning letter to pay it or else,anyone have any suggestions? thank you

    update

    well edd took all my backpay and offset it to pay back the overpayments i had reversed at my hearing,basicly told to write a letter and pray that it gets resolved as i have no option to appeal the last overpayment they left out of the hearing,i asked for a new notice of determination ,which they can not provide due to there is no reason for an overpayment anymore on my claim since it was reversed,its like they are saying oh well we screwed you and there is nothing you can do about it now,called the ALJ again today and he was irate with what edd did to me,so now all i can do is hope that someone with half a brain takes a look at my letter.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Won an Appeal, but Benefits Reduced by Overpayment Not Included in the Decision

    If the issue is that the ALJ made an error by omitting from the written order certain payments that were raised on appeal and that he meant to include, move to have the order corrected.

    When you say "to pay back the overpayments i had reversed at my hearing" are you saying that they completely ignored the order, or are we talking about the payment that was omitted from the order?

  3. #3
    Join Date
    Sep 2013
    Posts
    2

    Default Re: Won an Appeal, but Benefits Reduced by Overpayment Not Included in the Decision

    i started with 7600 in overpayments,they were 3 pages but edd only sent 2 of them to the ALJ,he reversed 4600 in overpayments that showed up in the case file,but edd left that one out copletely,when i was supposed to get my back pay they offset it to pay 7600 in overpayments still on my account,now i have 6700 still in overpayments,they may not have cleared yet but my main problem is the page of overpayments they didn't include in the case file,when i asked if i could appeal that one page they said to appeal the notice of determination letter date,well that is the date i originally appealed,the ALJ told me that this is edd fault since they are the ones that send over the case files for the hearing,i am confused to how they could of released my backpay only to take it for overpayments that were reversed as was the cause of the overpayments,if the overpayments were 3000(the missing page) it would of made more sense since there was no decision made for that page,but looks like they have not removed those yet.After talking to a appeals rep they said this may have been caused by the new system upgrade as my hearing date was 9-3-13,they told me to write a letter explaining everything and that they should spot the mistake.

    thank you for the reply

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