HELP! EDD Notice of Overpayment/6 week penalty/ $312 total amount due (file, receive)

[brybry00]

Here’s the gist of it:

I received a “ Notice of Potential Overpayment” dated 1/08/19. Indicating that I did not report wages for:
11/4/18-11/10/18: employer reported $94.90 I reported $0.00 benefits paid: $240.00 Amt overpaid:$69.00
11/11/18-11/17/18: employer reported $330.75 I reported $94.90 benefits paid:$171.00 Amt overpaid:$171.00
So: 69.00 + 171.00=240.00 plus 30% penalty total amt due $312.00

Currently this is my 3rd week certifying for benefits & it displays “false penalty statement,” and the most recent EDD message states, “NO BENEFITS ARE PAYABLE BECAUSE THE WEEK ENDING 09/14/19 HAS BEEN APPLIED TO YOUR DISQUALIFICATION.” I called and spoke to an EDD rep who said that I have been penalized for 6 weeks for unreported wages. I was informed that I’ve currently served 3 of the 6 weeks. She mentioned that I could file an appeal if it was unintentional and on the form request for benefits to continue while my appeal is being reviewed.

My question is, would it even be worth it at this point due to the length of time( untimely filed appeal). It’s been about 8 months since the initial notice.

Some backstory:
I started work on 11/8/18(orientation/training) and when I certified for benefits I did not report it for week 11/4/18-11/10/18 bc I strictly based it off the date I received the check on 11/14/18. Hence, the reason why I reported earnings on the following week certification period. I was extremely clueless, it was a stupid mistake and it was the first time receiving unemployment. So should I just pay the balance & leave the appeal process alone?

[Chyvan]

You're out of work and back on UI so I assume you have lots of time.

Go ahead and give it a try.

Originally Posted by brybry00

My question is, would it even be worth it at this point due to the length of time( untimely filed appeal). It’s been about 8 months since the initial notice.

This will be your biggest hurdle.

Originally Posted by brybry00

Some backstory:
I started work on 11/8/18(orientation/training) and when I certified for benefits I did not report it for week 11/4/18-11/10/18 bc I strictly based it off the date I received the check on 11/14/18. Hence, the reason why I reported earnings on the following week certification period. I was extremely clueless, it was a stupid mistake and it was the first time receiving unemployment. So should I just pay the balance & leave the appeal process alone?

Because your reporting is correct, just a week off, you can sell this story. To bolster it further, you can say, "when I was doing base period calculations, the date on the pay check controlled which quarter the wages went into and not the fact that I worked the time in the prior quarter."

A CA ALJ would eat that up because its true: date paid for wage reporting for determining benefits, and it's when the work was performed for the claim form. No wonder people mess this up.

[brybry00]

Awesome! Thank you, you’re extremely knowledgeable. As for the appeal form (1000M) should I request a hearing or actually explain why I disagree in the space provided? Lastly, what advice do you have in regards to the 8 months it took for me to do something about the notice? I know the 8 months is a bad look which can easily result in a dismissal. I literally have no good cause for my carelessness, I have reasons but none plausible enough for failure to take action. Again thank you, I really appreciate your responses...very prompt and helpful.

[Rabrrita]

The mistake you made is very common. A case could also be made that this was a training orientation and employment paperwork you didn't initially know was going to be paid. You did report it when paid so there really was no intent to conceal the payment or defraud the state. However, the bigger issue is you may never get a chance to make a case due to being denied an appeal based on timeliness. You receive the notice along with your appeal rights over EIGHT Months ago. We would be yelling and screaming for you to fight tooth and nail if an employer attempted to appeal Eight Months after receiving a notice, so don't be surprised if the State/EDD ends up successfully torpedoes your appeal. Doesn't mean you don't try. Hopefully when you spoke to EDD you didn't admit to them you had received the notice back in January.

[Chyvan]

Originally Posted by brybry00

As for the appeal form (1000M) should I request a hearing or actually explain why I disagree in the space provided?

Being "wrong" is enough of a reason to get a hearing. Just stop there.

You have to have good cause for the hearing.

Originally Posted by brybry00

Lastly, what advice do you have in regards to the 8 months it took for me to do something about the notice?

Did you move? Maybe you know that you got it 8 months ago now because they are recovering the benefits, but maybe really what happened 8 months is ago as that you never got "proper" notice of the overpayment and could have done something about it.