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If you do not repay your overpayment, the EDD will take the overpayment from your future unemployment, disability, or PFL benefits. This is called a benefit offset. For non-fraud overpayments, the EDD will offset 25 percent of your weekly benefit payments.

If you do not sign an agreement, the EDD has only 1 year to file a lawsuit against you to collect repayment through more severe methods. If you do sign a repayment agreement, the EDD has 4 years from the signing of that agreement to file a lawsuit against you for repayment.

When you claimed benefits for the week(s) ending (date), you did not report your correct earnings. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

The DWP can agree to waiver (write off) the overpayment. However this will usually only be done in exceptional circumstances where recovery action will result in severe welfare issues for you or your family. The DWP will also look into the circumstances of the overpayment.

To overcome a fraud allegation, you must demonstrate each of the following: the overpayment was not due to fraud, misrepresentation, or willful omission. the overpayment was received without any fault on your part. it would be unfair for the EDD to force you to repay it.

You have the right to appeal an overpayment determination. You must submit your appeal within 30 days of the mailed date on the Notice of Overpayment or the Notice of Denial of Benefits and Overpayment. You can download the Appeal Form (DE 1000M) (PDF) or use the copy included with the overpayment notice.

In cases where a claimant was overpaid through no fault of their own (and without fraud), EDD will offer opportunities to have the overpayment waived by showing financial hardship. Further details about that process will continue to post on the EDD website. In addition, claimants always have a right to appeal.

If you are disqualified from receiving benefits, you have the right to appeal within 30 days of the mailing date on your Notice of Determination. Visit Unemployment Insurance Appeals for more information on the process.

If we determine the potential overpayment was not your fault or was not due to fraud, you may qualify for an overpayment waiver. We will send you a Personal Financial Statement (DE 1446) with the Notice of Potential Overpayment.