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While living in CA I was unemployed twice between 2008 and 2011. During my claim that lasted from 12/2009 to 5/2010, I joined an Americorp Program that paid a weekly stipend of $125.00. I contacted the EDD about this but never got a clear answer. The money wasn't considered "income" by the the state and to make a long story short I neglected to report this on my claim form.
I started a new claim in October 2011. Shortly after I received a Notice of Potential Overpayment letter for the subsequent time I had received a claim. I proceeded with my appeal letter, I got statements from Amiercorp supporting my case, I admitted to omitting the payments but I emphasized it was out of misunderstanding and not an act of deceit (which is the truth btw).
I spoke with an EDD agent on the phone who helped me process my appeal and also let me fax my paperwork directly to them. He took some notes on my statement too, which seemed to be encouraging. Like he was using internal EDD bureaucrat speak to help me make my case. But...
I have never heard from them since. It's been almost 6 months...
Obviously this makes me uneasy, always wondering when of if they are going to cancel my UI. I prepared a savings of the $1900.00 that I may have to repay but I'm more worried about being cut off and prosecution.
I haven't had any interruptions in my current claim yet. Since it took them over a year to send me the overpayment letter, will I wait just as long to hear from them again on what they decide? I've since moved to a new state, is that a factor? Has anyone else gone through this? Any help would be greatly appreciated!
If you ever move back to CA, they will know about it and send you an overpayment notice, then. There was another case cited on this board on a 2006 claim. When claimant moved back to CA in 2011, he received a notice of overpayment which he appealed and, interestingly enough, CA ended up owing him $11,000 because the earlier denial of benefits was overturned.
If you ever move back to CA, they will know about it and send you an overpayment notice, then. There was another case cited on this board on a 2006 claim. When claimant moved back to CA in 2011, he received a notice of overpayment which he appealed and, interestingly enough, CA ended up owing him $11,000 because the earlier denial of benefits was overturned.
Webcert allowed me to file today. But not knowing what's going to happen is disrupting everything for me now.
I don't think I can wait until EDD decides to come after me. Nor do I think that's wise. I'm going to try to contact them. I've heard nothing back from them since I sent in my appeal letter so I have no idea if it ever even went to the Appeals board. Could EDD just have dropped the whole thing? It doesn't make sense to me that they would stop the Overpayment charge if they did want to pursue it but still keep paying me benefits.
I think I made a pretty good case in my appeal and I think it would help, if I had a hearing, that I contacted them to settle this.
I would love to hear from anyone who's had to go through an Overpayment appeal or hearing with EDD. It would be a great help to know, weather you won or lost, what to expect. Especially if you were out of state. Did you have to repay? Did you pay the penalty too? Did they cut off your UI? Did you get a lawyer? How much did it cost?
I used their message system in the past but now I can't seem to find it, unless it is this "Ask EDD" which only give FAQ answers and doesn't let me send a message. Does anyone know how to decrypt this to get to and a message? I would hate to use a whole day fighting through thier phone system, if I could ever get through, but I will if that's my only option.
So incredibly, I got a hold of an Agent at EDD on the phone in less than 3min, on a Monday? Wow!
So she told me that my extension was processed and that I should receive my first payment this week (pretty much right on time.)
I then asked about my Overpayment appeal. She looked in her notes and found the initial "Notice Potential Overpayment" letter sent, but said there was nothing after that. No Overpayment info or appeal which she said was not normal. There was only so much she could do from her end and she said that I needed to contact the "Centralized Overpayment" department which she said was a separate division.
So I then called and got a series of voice prompts that went in circles. I then heard a prompt that said, "Agents are unavailable to answer questions about appeals. If you need to speak to an agent, please call ####(the main EDD line)."
So EDD tells me to contact the CO Div and CO Div tells me to contact the EDD? Classic bureaucratic BS.
I'm still receiving payments on my current claim so I can sigh for now but I hate having this hanging over my head!
I wonder if I could just send them the money they said I owed and if that would end it?
Note the operative word "Potential". As far as CA is concerned, no overpayment exists in their system at this time. If CA has no record beyond the initial "Notice Potential Overpayment", any money you send now will confuse them and could very well get "lost" causing you further frustration.
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EEK! Thanks...
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