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If you don't file an appeal, they will wan their money back. The only successful appeal of an overpayment when it's a unfavorable initial determination occurs when the State made a mistake or if any of the old pandemic benefits allowed for a waive of overpayment.
If your appeal this determination and it goes against you, you can now appeal the overpayment. Although it's still an uphill climb, you'll have more sympathetic ears at that stage.
Quick note, you are dealing with CALIFORNIA, the #1 state for favorable claimant appeals.
Once again, the appeal is only a simple two sentence statement:
"The Determination dated XX/XX/XXXX is wrong.
I want an Appeal Hearing schedule."
That's your entire appeal statement. (of course you include the claimant and notice info)
Will do! FYI I called EDD again today and asked about my claim/repayment possibility…
The operator once again stated the case notes list my claim as “non-fraud” and I would not have to repay, and would not be receiving a Notice of Potential Overpayment in the future.
I asked if I would have to submit an Overpayment Waiver.. he replied no, because in cases like mine, there is an “in-house” process involved where they automatically waive large $$ pandemic claims, citing the US DOL guidance ”repayment would be contrary to equity and good conscience.”
I am still going to appeal my determination… but this is the second operator that has told me this… any idea why???
Will do! FYI I called EDD again today and asked about my claim/repayment possibility…
The operator once again stated the case notes list my claim as “non-fraud” and I would not have to repay, and would not be receiving a Notice of Potential Overpayment in the future.
I asked if I would have to submit an Overpayment Waiver.. he replied no, because in cases like mine, there is an “in-house” process involved where they automatically waive large $$ pandemic claims, citing the US DOL guidance ”repayment would be contrary to equity and good conscience.”
I am still going to appeal my determination… but this is the second operator that has told me this… any idea why???
Ahhh, you have a claim that EDD has applied a pandemic waiver reasoning. True be told, those claims have long expired and most pandemic waivers have sunset. But, this is the "state error" I mentioned as a reason to get a waiver appeal should they later come back after the money.
Do the appeal of the determination if for no other reason than to take a chance your former employer may lose.
In California, all parties to any confidential conversation must give their consent to be recorded.
No, I did not, I guess I can call back and have an operator give me the same info, and before we speak I ask if they consent to be recorded.. that would be weird lol but I'll give it a shot...
Would this really even help me in the future though if they come after the $?
Do the appeal of the determination if for no other reason than to take a chance your former employer may lose.
Yea, I'll still appeal, if i lose the appeal it wouldn't really effect me if I have an "in-house" waiver, I guess, right? FYI my claim balance on my online dashboard is $0, and not an negative balance.
In California, all parties to any confidential conversation must give their consent to be recorded.
No, I did not, I guess I can call back and have an operator give me the same info, and before we speak I ask if they consent to be recorded.. that would be weird lol but I'll give it a shot...
Better weird than flustered when the written documentation says otherwise and nobody cares what you say you were told over the phone. Or ask them if they can send you anything in writing as to what they are telling you. There must be some memorandum or policy or law or something they are getting it from.
Ahhh, you have a claim that EDD has applied a pandemic waiver reasoning. True be told, those claims have long expired and most pandemic waivers have sunset. But, this is the "state error" I mentioned as a reason to get a waiver appeal should they later come back after the money.
Do the appeal of the determination if for no other reason than to take a chance your former employer may lose.
Reps for helping all the people you help in this section. I'm glad this OP keeps coming back verses logging in but never commenting again, so you're clueless if advice helped.
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