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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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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: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 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 and other California Employment Law Specialists are ready to help you
Customer: replied 5 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?


Expert:  Joseph replied 5 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 5 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 5 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 5 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 5 years ago.
Customer: replied 5 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 5 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,