UI / DE 1444LWA

SAMPLE, this page for reference only.

EDD Employment Development Department State of California Logo

 
EDD OFFICE NAME
P.O. BOX
CITY, CA ZIP CODE
 

NOTICE OF OVERPAYMENT OF LOST WAGES ASSISTANCE (LWA)

CLAIMANT’S NAME
CLAIMANT’S ADDRESS
CITY, CA ZIP CODE
EDD Telephone Numbers:
English:
1-800-300-5616
Spanish:
1-800-326-8937
Cantonese:
1-800-547-3506
Mandarin:
1-866-303-0706
Vietnamese:
1-800-547-2058
TTY (Non-voice):
1-800-815-9387
 
RE: XX
SO: XX
PGM: LWA
FOR OFFICE
USE ONLY		 BENEFIT
YEAR BEGAN		 TOTAL
AMOUNT DUE		 OVERPAYMENT
AMOUNT		 PENALTY
AMOUNT		 WAIVED
AMOUNT		 DATE
MAILED
000000000000 MM/DD/YY ‎$  0.00 ‎$  0 ‎$  0.00 ‎$  00 MM/DD/YY

AN OVERPAYMENT OF ‎$ 000.00 HAS BEEN CHARGED TO YOUR ACCOUNT IN CONNECTION WITH A CLAIM FOR LOST WAGES ASSISTANCE (LWA).

YOU WERE PAID LWA FOR THE WEEK ENDING DATES LISTED BELOW. YOU WERE NOT ELIGIBLE TO RECEIVE AT LEAST ‎$1 OF UNEMPLOYMENT INSURANCE (UI) BENEFITS. SEE THE NOTICE OF DETERMINATION, (DE 1080) SENT ON (MM/DD/YYYY) & NOTICE OF DETERMINATION FOR LOST WAGES ASSISTANCE (LWA) PROGRAM, (DE 6330LWA-D) SENT ON (MM/DD/YYYY).
(STAFFORD ACT SECTION(S) ‎408 [E] [2] U.S.C. 5174 [E] [2])
THE WEEK ENDING DATE(S) BELOW DO NOT FALL WITHIN THE ALLOWABLE LWA PERIOD. SEE NOTICE OF DETERMINATION (DE 1080) SENT ON (MM/DD/YYYY) & NOTICE OF DETERMINATION FOR LOST WAGES ASSISTANCE (LWA) PROGRAM, (DE 6330LWA-D) SENT ON (MM/DD/YYYY).
(STAFFORD ACT SECTION(S) ‎408 [E] [2] U.S.C. 5174 [E] [2])
WE HAVE DETERMINED THAT YOU WILLFULLY GAVE US FALSE INFORMATION OR WITHHELD MATERIAL INFORMATION FOR THE PURPOSE OF OBTAINING BENEFITS. THIS PREVENTED US FROM MAKING A CORRECT DECISION ABOUT YOUR ELIGIBILITY. THE NOTICE OF DETERMINATION FOR LOST WAGES ASSISTANCE (LWA) PROGRAM, (DE 6330LWA-D) SENT ON (MM/DD/YYYY) EXPLAINS WHY YOU WERE CHARGED A FALSE STATEMENT PENALTY.
(STAFFORD ACT SECTION(S) ‎408 [E] [2] U.S.C. 5174 [E] [2])

WAIVER: YOU ARE NOT ELIGLBLE TO HAVE THIS OVERPAYMENT WAIVED BECAUSE WE DETERMINED THAT THE OVERPAYMENT WAS DUE TO FRAUD, OR THAT RECOVERY OF THE OVERPAYMENT IS NOT AGAINST EQUITY AND GOOD CONSCIENCE.

WE HAVE DETERMINED THAT YOU KNEW OR SHOULD HAVE KNOWN YOU WERE NOT ELIGIBLE FOR BENEFITS, NEGLIGENTLY REPORTED INCORRECT INFORMATION, OR NEGLIGENTLY FAILED TO REPORT INFORMATION. THE NOTICE OF DETERMINATION FOR LOST WAGES ASSISTANCE (LWA) PROGRAM (DE 6330LWA-D) SENT ON (MM/DD/YYYY) EXPLAINS WHY YOU WERE AT FAULT.

WAIVER: YOU ARE NOT ELIGLBLE TO HAVE THIS OVERPAYMENT WAIVED BECAUSE WE DETERMINED THAT THE OVERPAYMENT WAS DUE TO FAULT, OR THAT RECOVERY OF THE OVERPAYMENT IS NOT AGAINST EQUITY AND GOOD CONSCIENCE.

YOU ARE RECEVING THIS NOTICE BECAUSE YOU RECEIVED UNEMPLOYMENT BENEFITS TO WHICH YOU ARE NOT ENTITILED AND FEDERAL LAW REQUIRES THAT YOU BE NOTIFIED OF AN OVERPAYMENT. HOWEVER, YOU DO NOT NEED TO REPAY THESE BENEFITS BECAUSE THESE PAYMENTS WERE ISSUED INCORRECTLY THROUGH NO FAULT OF YOUR OWN, AND REPAYMENT WOULD BE CONTRARY TO EQUITY AND GOOD CONSCIENCE.

THE OVERPAYMENT IS FOR THE WEEKS ENDING:

MM/DD/YY‎ $ 0
MM/DD/YY‎ $ 0
MM/DD/YY‎ $ 0

YOU ARE NOT LIABLE TO REPAY THIS OVERPAYMENT BECAUSE IT HAS BEEN DETERMINED YOU MEET WAIVER CRITERIA ESTABLISHED BY DEPARTMENT REGULATIONS.

DE 1444LWA (4-23) (INTRANET)

SAMPLE, this page for reference only.

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:

  1. 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)
  2. MAIL THE DE 1000M OR YOUR LETTER TO THE ADDRESS ON THE FIRST PAGE OF THIS NOTICE.
  3. 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.

DE 1444LWA (4-23) (INTRANET)