Edd Overpayment Defense Strategy
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EDD OVERPAYMENT DEFENSE
Hello Tammy. To better assist you with your EDD overpayment defense, could you please provide more details about your situation? For example, why does the EDD claim you were overpaid, and have you received any notices or documents from them?
I WORKED AS A EMPLOYEE FOR CA. Butte County IHSS In home support services as a
I am a Provider of IHSS services as a caregiver, my mother Jeanie Smith was a Recipient
Hi Tammy,
Thank you for providing more details. To assist you with your EDD overpayment defense, could you please clarify the following:
- How did you receive the notice of overpayment?
- What reasons were given for the overpayment?
This information will help us understand your situation better and provide relevant guidance.
Thank you for providing more details. To assist you with your EDD overpayment defense, could you please clarify the following:
- How did you receive the notice of overpayment?
- What reasons were given for the overpayment?
This information will help us understand your situation better and provide relevant guidance.
Between */*/* - */*/* Working for IHSS with the same Recipient Jeanie Smith as a in home caregiver which she was my mother my Income estimated during the dates noted were $*,*.* gross EDD DEDUCTIONS $*,*.*. In */* It was announced COVID PANDEMIC had started infecting thousands and people were dying by the thousands within a few months later. EDD changed policies due to covid and people that would not normally qualify for edd benefits were now allowed to claim self employment /gig jobs /hobby income etc for PUA benefits. I did not lose my work from home regular employment but I recycled as a hobby and that income was effected but it was in no relation to my employment Hobby is a choice to a spare time recreation which was recycling for me in return for using spare time to help the panet and get some fresh air and exercise the state rewarded the act of recycling with cash for gathering and bringing to recycle center for petty money It was not employment but EDDmade a exception during covid to claim as income I did not report my job income because it was no relation to Hobby. My Reciept my mom that i cared for through IHSS had been dianoised with terminal cancer so she was getting worst on the EDD form to certify every * weeks i marked i was not available to work or look for work. EDD had already sent $* for hobby pua lost of income my mother had gotten worse and also got covid when i marked wasnt available i shouldve immediatly been disqualified but edd broke their own policy and procol and continued to send checks . JEANIE SMITH my mom passed away on */*/* . I filed for benefits for working from * till */*/* edd denied my claim because they said i wasnt employed during *-*/*/*. In eddoerpayment they said i didnt qualify because i didnt report my job employment . The edd benefits were not for loss of job but hobby i misunderstood . I have appealed their overpayment decision to the point passed LAW JUDGE DECISION I am at the second teir level i have 6 months from August *, * to request a writ of mandate and request all fees court and filing be wavied due to I am a section * pertisipant and have limited income can only physically work pt with no savings or possessions but i feel that the facts that need to be considered is that i worked long hard years with very little assistance emotional stress and earned every dollar with sweat and tears having to see and live with effect of mother going through deteration of her mind and body dementia is no joke neither is cancer then covid added to it in the end $*,*. was paid to edd out of my gross income this was never mentioned in overpayment #* also EDD made a false statement on the edd over payment transcript that I never explained why i wasnt able and available for work #*
Hi Tammy,
I understand your situation is complex and challenging. For your EDD overpayment defense, you should consider the following:
- **Document Everything:** Ensure all your communication with EDD and supporting documents are organized.
- **Explain Misunderstanding:** Clearly explain that your PUA benefits were based on hobby income and not regular employment.
- **Highlight Hardships:** Emphasize your caregiving duties and personal hardships as mitigating circumstances.
- **Request Fee Waivers:** Given your financial situation, request court and filing fee waivers.
Would you like more information on how to request a writ of mandate in California?
I understand your situation is complex and challenging. For your EDD overpayment defense, you should consider the following:
- **Document Everything:** Ensure all your communication with EDD and supporting documents are organized.
- **Explain Misunderstanding:** Clearly explain that your PUA benefits were based on hobby income and not regular employment.
- **Highlight Hardships:** Emphasize your caregiving duties and personal hardships as mitigating circumstances.
- **Request Fee Waivers:** Given your financial situation, request court and filing fee waivers.
Would you like more information on how to request a writ of mandate in California?
THEN EDD stated on transcript that I WASNT AVAILABLE FOR WORK BECAUSE I WAS TOO INVOLVED WITH MY SELF EMPLOYMENT OF RECYCLING{ THEY LIED TO TRY TO DISCREDIT ME INTENTIONALLY(when in fact i never made that statement they assumed it wasnt a valid testimony because i never quoted that and wasnt possible because ALL RECYCLE STATIONS HAD BEEN CLOSED DOWN DUE TO PANDEMIC #* When in fact i was at home taking care of my dying mother only living realtive i have on her death bed and was not claiming so that edd would not send any more checks but they ignoed my claim of not available sent check anyway the denied my claim after mother passed and saifd it was because i wasnt employed between *- */*/* which was inncorrect i was employed by ihss as caregiver for Jeanie Smith my mom from */*/* - */*/* #* EDD wrongfully denied my benefit that was taken from my income of estimated deduction of $*,*.* over 11 years income of $*,*.* and they are suing me for $*,* plus interest $* . #* how am i the theif . #* it seems I AM OWED alot more than $*,*. So as my advisor I need help with putting all this information in a legal conviencing contex because it is reality that was not addressed in the entire case against me and needs to be inmy defense and have edd show some accountability not dening my claim and using the excuse i wasnt employed during the time they staed was the reason also they falsly accused /assumed and made false statement in transcript to intentionally to try and discredit me which that alone should be reason enough to dismiss my case of overpayment and award me some comphensation for the $*.* that was taken and edd needs to acknowlege that this is a unfair advantage that needs to be voted on by amercians that are overpaying and getting bearly anything in return #* i am on a tight time limit to get this request for writ of mandate and request for fee and court cost waived and edd overpamted dismissal due to new info on writ also hardship that is already current in place for defendant.
Hi Tammy,
I understand your situation is very challenging. Here are the key points you should include in your writ of mandate:
- **Employment History:** Clearly state your employment with IHSS from */*/* to */*/*.
- **Misunderstanding of Income Reporting:** Explain the misunderstanding about reporting hobby income versus regular employment income.
- **Caregiving Duties:** Highlight that you were unavailable due to caregiving duties for your terminally ill mother.
- **COVID-* Impact:** Mention how the pandemic affected your circumstances and EDD's policy changes.
- **Financial Hardship:** Emphasize your current financial hardship, including being a Section * participant.
- **Fee Waiver Request:** Request the court to waive all fees due to your financial situation.
Would you like specific information on how to draft and file the writ of mandate in California?
I understand your situation is very challenging. Here are the key points you should include in your writ of mandate:
- **Employment History:** Clearly state your employment with IHSS from */*/* to */*/*.
- **Misunderstanding of Income Reporting:** Explain the misunderstanding about reporting hobby income versus regular employment income.
- **Caregiving Duties:** Highlight that you were unavailable due to caregiving duties for your terminally ill mother.
- **COVID-* Impact:** Mention how the pandemic affected your circumstances and EDD's policy changes.
- **Financial Hardship:** Emphasize your current financial hardship, including being a Section * participant.
- **Fee Waiver Request:** Request the court to waive all fees due to your financial situation.
Would you like specific information on how to draft and file the writ of mandate in California?
yes please everything
Hi Tammy,
Here's how to draft and file a writ of mandate in California:
Here's how to draft and file a writ of mandate in California:
Drafting the Writ of Mandate:
*. **Title and Introduction:**
- Case name and number.
- Your name and contact information.
- "Petition for Writ of Mandate."
*. **Employment History:**
- State your employment with IHSS from */*/* to */*/*.
*. **Misunderstanding of Income Reporting:**
- Explain how you misunderstood reporting hobby income versus regular employment income.
*. **Caregiving Duties:**
- Highlight that you were unavailable due to caregiving duties for your terminally ill mother.
*. **COVID-* Impact:**
- Describe how the pandemic affected your circumstances and EDD's policy changes.
*. **Financial Hardship:**
- Emphasize your current financial hardship, including being a Section * participant.
*. **Fee Waiver Request:**
- Request the court to waive all fees due to your financial situation.
*. **Title and Introduction:**
- Case name and number.
- Your name and contact information.
- "Petition for Writ of Mandate."
*. **Employment History:**
- State your employment with IHSS from */*/* to */*/*.
*. **Misunderstanding of Income Reporting:**
- Explain how you misunderstood reporting hobby income versus regular employment income.
*. **Caregiving Duties:**
- Highlight that you were unavailable due to caregiving duties for your terminally ill mother.
*. **COVID-* Impact:**
- Describe how the pandemic affected your circumstances and EDD's policy changes.
*. **Financial Hardship:**
- Emphasize your current financial hardship, including being a Section * participant.
*. **Fee Waiver Request:**
- Request the court to waive all fees due to your financial situation.
Filing the Writ:
*. **Complete Judicial Council Forms:**
- Fill out mandatory forms, such as the "Request to Waive Court Fees" form FW-
*. **Complete Judicial Council Forms:**
- Fill out mandatory forms, such as the "Request to Waive Court Fees" form FW-
financial statement what are form number on all needed forms
Hi Tammy,
For your writ of mandate and fee waiver request, you'll need the following forms:
- **Request to Waive Court Fees (FW-*)**
- **Order on Court Fee Waiver (FW-*)**
- **Petition for Writ of Mandate (varies by court)**
Would you like more details on how to fill out these forms?
For your writ of mandate and fee waiver request, you'll need the following forms:
- **Request to Waive Court Fees (FW-*)**
- **Order on Court Fee Waiver (FW-*)**
- **Petition for Writ of Mandate (varies by court)**
Would you like more details on how to fill out these forms?
edd overpayment court REQUEST PETITION FOR WRIT OF MANDATE WHO CAN I GET TO HELP ME GET THIS FILLED AND FILLED TO,ORRROW IN BUTTE COUNTY OTHER THAN NORTHERN LEGAL SERVUCES THEY ARE BOOKED ALREADY WHAT ARE MY OTHER FREE OPTIONS IN CHICO CA.?
Hi Tammy,
Here are some other free legal resources in Chico, CA that might be able to help you:
- **Legal Services of Northern California (Chico Office)**
- Phone: (*) *-*
- Website: www.lsnc.net
- **Butte County Public Law Library**
- Phone: (*) *-*
- Website: www.buttecounty.net/publiclawlibrary
These organizations may provide the assistance you need for your writ of mandate and fee waiver request.
Here are some other free legal resources in Chico, CA that might be able to help you:
- **Legal Services of Northern California (Chico Office)**
- Phone: (*) *-*
- Website: www.lsnc.net
- **Butte County Public Law Library**
- Phone: (*) *-*
- Website: www.buttecounty.net/publiclawlibrary
These organizations may provide the assistance you need for your writ of mandate and fee waiver request.
HOW DO I FILL OUT FORM AND WHAT IS THE RIGHT WORDING TO EXPLAIN ALL THE DETAILS WITH LESS WORDING THAT WILL BEEFIT MY CASE LEGALLY ?
Hi Tammy,
To fill out the forms and explain your details clearly and concisely, follow these steps:
*. **Request to Waive Court Fees (FW-*):**
- **Item *:** Your personal information.
- **Item *:** Indicate you are the petitioner.
- **Item *:** Check the appropriate financial hardship reasons.
- **Items *-*:** Provide income, expenses, and assets details.
- **Sign and date the form.**
*. **Order on Court Fee Waiver (FW-*):**
- Leave this form blank; the court will complete it.
*. **Petition for Writ of Mandate:**
- **Title and Introduction:**
- "Petition for Writ of Mandate."
- Your name and case number.
- **Employment History:**
- Briefly state employment with IHSS from */*/* to */*/*.
- **Misunderstanding of Income Reporting:**
- Clearly explain the misunderstanding about hobby income vs. regular employment income.
- **Caregiving Duties:**
- Highlight caregiving duties for your terminally ill mother.
- **
To fill out the forms and explain your details clearly and concisely, follow these steps:
*. **Request to Waive Court Fees (FW-*):**
- **Item *:** Your personal information.
- **Item *:** Indicate you are the petitioner.
- **Item *:** Check the appropriate financial hardship reasons.
- **Items *-*:** Provide income, expenses, and assets details.
- **Sign and date the form.**
*. **Order on Court Fee Waiver (FW-*):**
- Leave this form blank; the court will complete it.
*. **Petition for Writ of Mandate:**
- **Title and Introduction:**
- "Petition for Writ of Mandate."
- Your name and case number.
- **Employment History:**
- Briefly state employment with IHSS from */*/* to */*/*.
- **Misunderstanding of Income Reporting:**
- Clearly explain the misunderstanding about hobby income vs. regular employment income.
- **Caregiving Duties:**
- Highlight caregiving duties for your terminally ill mother.
- **