Fraud. Overpayment is due to fraud when the individual knowingly gave false information or withheld information in order to receive benefits. Non-fraud. Overpayment for non-fraud occurs because of some other error, not the fault of the person receiving benefits.
Check the employment information you gave. Often, discrepancies between the information you provided and the information provided by your employer will trigger a notice of overpayment. [2] X Research source Another trigger is your claim that you were “laid off” if you were actually fired for cause. A “lay off” occurs when an employer needs to reduce headcount because of adverse economic conditions. Workers are fired when, through their own fault, they do not fulfill the duties of the job. Unemployment benefits are available for those who were laid off but not for those fired. [3] X Research source
Individuals who received overpayment due to fraud, however, are required to pay back the overpayment and will also be assessed a penalty. The penalty is 30% of the overpayment amount. You also may be disqualified from receiving unemployment insurance benefits for five to 23 weeks. [5] X Research source
For example, if the EDD alleges that you were overpaid due to fraud, then your file may contain notes that further explain what information the agency thinks is fraudulent. With this information, you can prepare yourself to explain the allegedly fraudulent information. Contact the EDD to request a paper copy of your file. You can visit the Ask EDD website and select “Unemployment Insurance Benefits” under Category. Then select “Other” under the sub-category and then “Print Out Claim” under Select a Topic. It should take 10 business days to receive your records. [7] X Research source
To find a legal aid organization near you, visit this website and enter your zip code. You might also want to find an attorney who offers “unbundled” legal services. Under this arrangement, the attorney will perform discrete tasks (such as review your notice from the EDD or provide advice) often for a flat fee.
To request an appeal, fill out the “Appeal Form” found here. You need to provide basic personal information, such as your name, address, and contact information. You also must state why you disagree with the decision. [8] X Research source It is best to keep your explanation brief. You don’t want to say anything that could be used against you later. You may alternatively draft an appeal letter. The letter should contain your contact information, Social Security Number, and a brief statement explaining why you disagree with the EDD. [9] X Research source
the overpayment was not due to fraud, misrepresentation, or willful omission the overpayment was received without any fault on your part it would be unfair for the EDD to force you to repay it.
If you do not believe that you were overpaid, then you could bring financial documents reflecting the amount of benefits you were paid. If you are accused of fraud, then you can bring in evidence supporting the information provided to the EDD. A termination letter could show that you were, in fact, “laid off. ” Pay stubs could also establish your rate of pay before being laid off. If it would be unfair for the EDD to force you to repay the benefits, then you should prepare detailed information about your financial obligations. Bring in utility bills, rent/mortgage payments, and other obligations to illustrate your expenses. Argue that you need the benefits otherwise you cannot pay your basic living expenses. [10] X Research source Sometimes the only evidence is your own testimony. For example, the EDD may claim you committed fraud by failing to report earnings or a disability, or that you claimed to have been “laid off” when you were actually fired. You will need to argue at the hearing that your misstatements were the result of mere oversight and not willful. [11] X Research source
Precedent can be very helpful. You can search by topic. For example, if the EDD is accusing you of fraud, then you can search under “Types of Index: Subject” for “Fraud. ” You can then read the relevant decisions. If any decision addresses an issue relevant to your case, then you should print it off and bring it with you to the hearing. You may also claim that you submitted false information negligently but not willfully. Accordingly, you might wish to look at the decisions under “Negligence” and see if the facts of your situation match the facts of the case. If so, you can bring this case to the attention of the judge at your hearing.
A hearing is not a full trial. It is more informal. You should ask questions if you do not understand anything.
If your employer attends, then they will have an opportunity to ask you questions related to the unemployment insurance claim. If you have witnesses with relevant information, you should inform the ALJ of that fact and ask if they can speak on your behalf.
If you want to appeal, do not wait. You will have only 30 days to submit an additional appeal.
You can make payment by phone. Call 1-888-272-9829. Choose option 3 and then enter jurisdiction code 1577. Follow the instructions. Pay using a debit or credit card. You can also pay online. Click on this website and select “State Payments. ” Enter jurisdiction code 1577 and then select “California Employment Development Dept. ” and then “Benefit Overpayment. ” Pay with debit or credit card. You may also pay by mail. Send a personal check, cashier check, or money order. Make the check payable to EDD and write the Social Security Number on the check. Mail payments to: Employment Development Department, Attn: Cashier Benefit Recovery, P. O. Box 826806, Sacramento, CA 94206-0001.
