YOU ARE NOT LIABLE TO REPAY THIS OVERPAYMENT BECAUSE IT HAS BEEN DETERMINED YOU MEET WAIVER CRITERIA ESTABLISHED BY DEPARTMENT REGULATIONS.
ADDITIONAL OVERPAYMENTS MAY BE ESTABLISHED SEPARATELY FOR OTHER FEDERAL UNEMPLOYMENT PROGRAMS FOR THE SAME WEEKS LISTED ON THIS FORM IF YOU WERE PAID BENEFITS BEFORE THE DISQUALIFICATION ISSUE WAS ASSESSED. OTHER FEDERAL PROGRAMS INCLUDE: PANDEMIC UNEMPLOYMENT ASSISTANCE (PUA), PANDEMIC ADDITIONAL COMPENSATION (PAC), ALSO KNOWN AS FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION (FPUC), LOST WAGES ASSISTANCE (LWA), AND MIXED EARNER UNEMPLOYMENT COMPENSATION (MEUC).
YOUR OVERPAYMENT INCLUDES A 30% PENALTY. SECTION 1375.1 OF THE UNEMPLOYMENT INSURANCE (UI) CODE STATES THAT IF YOU GAVE FALSE INFORMATION OR WITHHELD INFORMATION TO RECEIVE BENEFITS, WE MUST ADD A 30% PENALTY TO THE OVERPAYMENT AND YOU MAY BE DISQUALIFIED FOR FUTURE BENEFITS.
YOU MUST REPAY THIS OVERPAYMENT OR WE MAY DEDUCT THE MONEY FROM YOUR FUTURE UNEMPLOYMENT, DISABILITY OR PAID FAMILY LEAVE BENEFITS, STATE OR FEDERAL TAX REFUNDS, UNCLAIMED PROPERTY, OR LOTTERY WINNINGS. WE MAY ALSO FILE A CLAIM AGAINST YOU AND CHARGE YOU FOR COURT COSTS AND INTEREST.
YOU CAN PAY ONLINE OR MAKE YOUR CHECK OR MONEY ORDER PAYABLE TO EMPLOYMENT DEVELOPMENT DEPARTMENT. IF PAYING BY CHECK OR MONEY ORDER, INCLUDE YOUR SOCIAL SECURITY NUMBER AND SEND IT TO THE FIELD OFFICE AT THE ADDRESS ON THE FIRST PAGE OF THIS NOTICE. IF YOU DO NOT REPAY YOUR OVERPAYMENT OR DO NOT FILE AN APPEAL WITHIN 30 DAYS, WE WILL SEND YOU A BENEFIT OVERPAYMENT COLLECTION NOTICE (DE 8344) WITH ADDITIONAL INSTRUCTIONS ON HOW TO PAY BACK THE OVERPAYMENT. IF YOU ARE UNABLE TO PAY IN FULL, REPAYMENT ARRANGEMENTS MAY BE MADE BY CALLING BENEFIT OVERPAYMENT COLLECTIONS AT 1-800-676-5737.
APPEAL RIGHTS
YOU HAVE THE RIGHT TO FILE AN APPEAL IF YOU DO NOT AGREE WITH THIS DECISION.
TO APPEAL, YOU MUST DO ALL OF THE FOLLOWING:
- COMPLETE THE ENCLOSED APPEAL FORM (DE 1000M) OR WRITE A LETTER STATING THAT YOU WANT TO APPEAL AND EXPLAIN THE REASON WHY YOU DO NOT AGREE WITH THE DECISION. WRITE YOUR SOCIAL SECURITY NUMBER ON EACH DOCUMENT YOU SUBMIT.
(TITLE 22, CALIFORNIA CODE OF REGULATIONS, SECTION 5008).
- MAIL THE DE 1000M OR YOUR LETTER TO THE ADDRESS ON THE FIRST PAGE OF THIS NOTICE.
- FILE YOUR APPEAL NO LATER THAN MM/DD/YY. YOU CAN APPEAL AFTER 30 DAYS IF YOU INCLUDE A REASON STATING GOOD CAUSE FOR THE DELAY. IF AN ADMINISTRATIVE LAW JUDGE DETERMINES YOU DID NOT HAVE GOOD CAUSE, THE APPEAL WILL BE DISMISSED.
FOR MORE INFORMATION ABOUT APPEALS, VISIT WWW.EDD.CA.GOV/UNEMPLOYMENT/APPEALS.HTM.
APPEAL PROCESS
WHEN YOUR APPEAL IS RECEIVED, WE WILL REVIEW YOUR CASE. IF THE DECISION REMAINS THE SAME, WE WILL SEND YOUR APPEAL TO THE OFFICE OF APPEALS.
THE OFFICE OF APPEALS WILL SEND YOU A LETTER WITH THE DATE, PLACE, AND TIME OF YOUR HEARING, AND INFORMATION EXPLAINING APPEAL HEARING PROCEDURES. AT THE HEARING, THE JUDGE WILL LISTEN TO YOU, EXAMINE THE FACTS, AND ISSUE A DECISION. YOU MAY HAVE A REPRESENTATIVE OR SOMEONE ELSE HELP YOU DURING THE HEARING.
CONTINUING CERTIFICATION
IF YOU RECEIVE CONTINUED CLAIM FORMS WHILE WAITING FOR THE JUDGE’S DECISION, YOU MUST CONTINUE TO CERTIFY FOR BENEFITS ON TIME.
IN SOME CASES, YOU WILL NOT RECEIVE CONTINUED CLAIM FORMS UNTIL THE JUDGE ISSUES A DECISION. IF THE JUDGE DECIDES YOU ARE ELIGIBLE FOR BENEFITS, WE WILL THEN ISSUE CONTINUED CLAIM FORMS.
BENEFITS CAN ONLY BE PAID FOR WEEKS YOU HAVE CERTIFIED FOR AND IF YOU ARE ELIGIBLE TO RECEIVE PAYMENTS.
OTHER SERVICES
VISIT WWW.EDD.CA.GOV FOR INFORMATION ABOUT JOB REFERRALS, DISABILITY INSURANCE (DI), OTHER EDD SERVICES, AND SERVICES OFFERED BY OTHER AGENCIES.