Human Resource Blog

OVERPAYMENT

If EDD takes back ther overpayment by not paying any benefits for ten weeks why do I now have a one week waiting period? I think I have waited long enough.

In California, the Employee Development Department or EDD provides short term disability benefits. In addition, they provide a variety of services to assist disabled workers in finding employment.

Under EDD, an employee with a temporary disability must wait one week before benefits begin.

It seems from this question that the employee was overpayed disability benefits – perhaps because she did not report income (perhaps from a full-time or part-time job) while collecting disability at the same time. The EDD apparently reduced future benefits, to repay the state for this amount. Apparently, the overpayment was equal to 10 full weeks of EDD disability benefits.

The employee should count herself as very lucky. If the overpayment was due to information she supplied to EDD, that is fraud and she could have gone to jail. Having to serve another one-week waiting period before benefits resume seems like a pretty mild penalty.

Nevertheless, it is possible to appeal EDD decisions.