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No I haven’t gotten anything I first certified 4-12-2020 and seen the false penalty statement for week 1 and 2. My overpayment was from 2017 if they did send a letter back then I don’t remember. So I have no idea how many penalty weeks I have. Did you receive a letter once you opened your new claim?
You won't be able to collect until those penalty weeks have been served. If it's only 5 weeks that's a blessing but w/o original notification from 2017 IDK how else besides calling them you will be able to find out. Maybe paperwork will come in the mail eventually for this claim which will detail how many weeks your DQed for.
I called edd overpayment center directly and my penalty weeks are 10 iv already served 4 so at least I know what to expect. Thank you .
Glad to hear you got through. 10 is still better than 23.. you served 4.. not too much longer and if you're still UI you will collect all your weeks as long as claim period hasn't expired before weeks run out.
It must have been considered a fraud over payment then if you are getting hit with false statement penalty weeks. How many weeks is it for?
Fraud: If the EDD finds that you intentionally gave false information or withheld information and, as a result, received benefits that you should not have received, the overpayment is considered fraud. Withholding or giving false information to obtain benefits is a serious offense that can result in penalties and criminal prosecution. With a fraud overpayment, you can receive a penalty equal to 30 percent of the overpayment amount. Additionally, you can be disqualified for 5 to 23 weeks. You must repay fraud overpayments and penalties.
Non-Fraud: If you received benefits you were not eligible for and the overpayment was not your fault, the overpayment is considered non-fraud. You will receive a notice telling you if the overpayment must be repaid.
If you do not repay your overpayment quickly, the EDD can deduct the money from your future UI or State Disability Insurance benefits. The EDD can also:
Reduce or withhold your federal and state income tax refunds.
Reduce or withhold your state lottery winnings.
Reduce or withhold other money the State owes you.
File a claim against you in court.
Charge you court costs and interest.
Record a lien on your property.
Interesting. So if you unknowingly provide false information and you do not receive a financial benefit it is not considered fraud?
Yep. still an over payment that has to be paid back.
I wasn't clear I guess. For example, you get no payment for the week since you are over your allowable anyway. You put down the wrong number for wages that week. No financial gain no fraud correct? You got no money.
I wasn't clear I guess. For example, you get no payment for the week since you are over your allowable anyway. You put down the wrong number for wages that week. No financial gain no fraud correct? You got no money.
If you unknowingly put it down yes and I think they're more worred about those that underreported LOL..but I can see how sometimes people get confused when work week ends differently than UI week ends and then throw in date of paycheck, along with the vacation/PTO/sick BS and you can see someone might not intentionally be trying to dupe UI.
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