How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5068
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

notice of overpayment by EDD 01/12/11.

Resolved Question:

 On 01/12/11  I received a notice of overpayment by EDD for a three month period in 2010. I immediately sent a letter or appeal (I have a copy). I  then had a phone interview (with a brusk and rude I may add) EDD rep. They put me on a 16 week penalty which I served.  Then I resumed receiving benefits. Then last Friday ( a year and three months later!)  I recieved notice that I owe EDD $7000 for that overpayment (amount plus %30 penalty). The letter accused me of fraud (the original notice did as well).  
I am an actor and receive residual payments which I must report. I was very sloppy in my accounting in the period of concern (end of 2010) which I admitted to back in 2011 when I had my phone interview with the EDD rep, however the residual amounts I failed to correctly report are WAY less than what they are saying they overpaid me.  I want to appeal (again!)  and I want to request copies of what they say are my residual earnings during that time. I also want copies of the claim forms I submitted during the period in question. Do I have a right to request this information in my letter of appeal? What should I say in my letter?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, you could request what they claim to be your residual earnings during that time, as well as copies of the claim forms that you submitted during the period in question.

You should simply state that you would like this information for your records and to assist you in presenting your case.

Since they are accusing you of fraud and accessing an additional 30 percent penalty of the amount of the alleged overpayment, you can state that this information is necessary for you to dispute the charge made against you.

You should state that you realize that while you were negligent in accounting for the money that you received in residuals during that time, but that you never intended to misinform EDD and were unaware of the payments that you were receiving at that time.
Joseph, Lawyer
Satisfied Customers: 5068
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
This is so helpful. Thank you. One more thing:

They had originally contacted me in Jan 2011 and at that time I sent a letter of appeal. I don't really understand why I wasn't offered a hearing at that point? Instead, I was given a phone interview with an EDD rep and assigned a penalty in the form of non-payment of my earned claims for 16 weeks.

Now, a year and three months later I receive that actual amount of overpayment etc. I understand that I have to write a letter of appeal (plus request the info about earnings etc.) but what i don't understand is why I wasn't offered a hearing a year and three months ago after my first letter of appeal. Are they allowed to do this?

Best,
Jamie

Expert:  Joseph replied 2 years ago.
Yes, unfortunately, since EDD didn't think that you needed a hearing at that time, they scheduled a phone interview for you with the EDD rep.

Had that not resolved the situation at that time, then you would have been granted a hearing before an Administrative Law Judge, either by telephone or in person.
Customer: replied 2 years ago.
"Had that not resolved the situation at that time, then you would have been granted a hearing before an Administrative Law Judge, either by telephone or in person."

What does this mean? I thought they HAD resolved the matter. They assessed the penalty and I thought that was it. To me that was indication that they HAD resolved the problem.
Expert:  Joseph replied 2 years ago.
Yes, that would be the indication as well.

Are you sure that you haven't received the notice of overpayment relating to a different time that you received benefits other than the time that you were already accessed a penalty?
Customer: replied 2 years ago.
The letter I received on friday (mail date 3-27-12) references a "Notice of Determination Dated 1-21-11".

Unfortunately I no longer have that letter of determination as I threw all that paperwork away after I thought I the matter finished (after I had served the penalty etc.)

I do have email records of from FEb 2012 asking when I could expect a decision with a reply that it was pending. Then after that I received a letter about the 16 week penalty and I thought that meant that that was the decision in total.

Yesterday however I read the EDD booklet regarding appeals etc and learned that the WAITING period penalty is SEPARATE from monies due for overpayment (the overpayment amount plus %30). What I don't understand is how they were able to wait so long to send me a bill for that overpayment.



Customer: replied 2 years ago.
Joseph?
Customer: replied 2 years ago.
I just looked over my records, and yes, the time period in question now vis a vis the overpayments is the same as was disputed in January 2011.
Customer: replied 2 years ago.
And here is the letter of appeal I plan to send tomorrow: 04-2-12 XXX-XX-XXXX To Whom It May Concern: On Thursday March 29, 2012, I was shocked to receive a letter informing me that an overpayment of $7052.50 has been charged to my account. I am APPEALING this decision. In early January 2011, I received notice that EDD was concerned about overpayments in 2010. On January 4th 2011 I had a telephone interview with an EDD rep. Soon after I received a notice (I believe it was Jan 21st) that I was being accused of “willfully” underreporting my residual earnings. At that time I immediately wrote a detailed letter of appeal, which I have attached to this letter. I was notified that I would be serving a 16-week penalty during which I would continue to send in claim forms (with residuals subtracted) however would receive no monies. I served this 16-week penalty and then began receiving payments again. Since it has been a year and three months, since I have received communication from EDD regarding this issue I naturally thought this matter had been resolved. I feel blindsided here. Again, I am most certainly appealing this decision and I request a hearing ASAP. Additionally, so I can effectively prepare my case, I request copies of the earnings statements on which EDD is basing their accusations as well as all claim forms I submitted during the period in question. Respectfully,

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.