One of the most difficult experiences to endure is receiving a Notice of Overpayment from the EDD. If you are unaware of what the overpayment means or why you received it, contact our office for a free phone evaluation. We understand that you might be quite concerned so simply reach out at speak with our attorney who is experienced in EDD overpayments and appeals.
If you have recently received your Notice of Overpayment from the EDD, it is best that you try to contact us prior to submitting your appeal form. Please understand that if you have already missed your appeal deadline, it will be difficult to receive a hearing unless good cause can be shown for a late appeal. If you received your overpayment in the past and have already received notice that it has been sent to collections (tax returns taken) you will need to speak to an attorney who handles debit collection defense.
When you appeal your overpayment notice, the EDD with send your case to the CUIAB who will schedule you an in-person hearing with an Administrative Law Judge (ALJ). The hearing will take place at a CUIAB office location which is usually close to where you reside.
At the hearing, the ALJ will question you about the facts of your case. The results of your hearing will depend on the reason for the overpayment itself. If the overpayment is on the fault of the EDD, and the ALJ determines you met the eligibility requirements the entire time while claiming benefits, you can reverse your entire overpayment. You can literally the entire demand from the EDD thrown out by the EDD if you meet the requirements.
On the other hand, if you did not meet the eligibility requirements and were improperly granted benefits, the EDD can and will ask you to pay the entire amount back. Even better, if they determine that you caused this mistake on your fault intentionally and/or knowingly, you can be severely penalized in addition to the overpayment amount. The EDD simply does not care if you already spent the money. The best they will offer if you cannot afford it is to set up a payment plan. Keep in mind that interest on the amount can add up harshly over time.
What it you met the requirements for part of your claim? If you were at fault and failed to remain eligible for a portion of the time while your received benefits, you can seek a modification of the overpayment amount. The ALJ has the discretion to lower the amount of the overpayment depending on the factual circumstances.
Our EDD overpayment lawyer has achieved tremendous results with respect to appeals for overpayments. Don't make the mistake of failing to act on it. That is the biggest problem we see with people generally. They call us when the case has already been sent to collections and a judgment has been issued by the court. That is not the situation you want to be involved in so call us as soon as possible for a free evaluation.