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Just to follow up, I did get backpaid for all the weeks once they resolved my issue. Once they fixed the problem, the money was in my account within 48 hours. Make sure they actually fix whatever's causing the hold though - I've heard of people getting told "it's processing" only to wait another 2 weeks with no change.
That's good to know about the backpay. I'm going to try the Claimyr service you recommended tomorrow morning. I'm hoping they can tell me exactly what's causing the hold and fix it right away.
UPDATE: I finally got through to ESD this morning using that Claimyr service! The agent was actually super helpful and found the problem right away. Apparently my previous employer reported different dates of employment than what I put on my application (just by a few days). This triggered an automatic review flag. The agent said she updated my claim notes and expedited the review. She said I should see movement on my claim within 3-5 business days. Fingers crossed! Thanks everyone for your help and advice.
ESD is the worst!!! i won my appeal in march and STILL havent gotten all my backpay!!! they sent me part of it after 3 weeks but are "still processing" the rest. every time i call they tell me something different. hope u have better luck than me!!!!
Does anyone know if having a debit card versus direct deposit makes a difference in how quickly you get paid after an appeal? I'm wondering if I should switch my payment method before my decision comes through.
In my experience, direct deposit is usually 1-2 days faster than the debit card. When they issue payment, direct deposit typically arrives the next business day, while the debit card can take 2-3 business days to be loaded. If you're going to switch, do it now rather than after you get your decision to avoid any further delays.
Something else to consider - make sure you're presenting evidence about the SPECIFIC weeks ESD is claiming were misreported. I've seen people bring lots of evidence but for the wrong time periods, which doesn't help your case. The overpayment notice should list exactly which weeks are in question. Also, during the hearing, be very clear and concise with your explanations. The judges hear many cases each day, so being organized makes a big difference. And don't get emotional or ramble about how unfair ESD is - just stick to the facts about hours worked and reported.
One last bit of advice - during the phone hearing, the judge will likely ask your husband's employer to explain their records first. TAKE NOTES about what they say! Often, employers make vague statements or can't explain discrepancies when questioned directly by the judge. When it's your turn to speak, you can then address any inconsistencies in their testimony. Be very specific: "The employer claims my husband worked 8 hours on January 15th, but as shown in Exhibit C, he was actually at a doctor's appointment that day..." The burden of proof is technically on ESD/the employer to prove you received benefits incorrectly. Your job is to create reasonable doubt about their evidence.
Quick update on my previous comment - I just remembered that if the overpayment you paid exceeds $10,000, the refund needs additional approval steps and typically takes longer (more like 60-75 days). Since you mentioned paying back $21,500, your refund will likely fall into this category and require additional review.
Anyone else notice that ESD seems to approve waivers AFTER people have already paid everything back? I've talked to 4 different people who all had the same experience - paid thousands, then suddenly got approved for a waiver they requested months/years earlier. Seems suspiciously convenient for ESD's budget...
Zoe Alexopoulos
My sister just went through this with her PFMLA claim. She ended up having to use some saved PTO to supplement her leave because the benefit amount was so much lower than expected. It really does feel like the system is designed to confuse people and pay out less. The same thing happened when I was on unemployment in 2024 - they used my 2023 wages even though I had a raise right before being laid off.
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StarStrider
•I think I'll have to do the same thing with my PTO. Good to know I'm not alone in being confused by this! Thanks for sharing your experience.
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StarStrider
Thanks everyone for all the explanations. Still feels unfair but at least I understand why it's happening now. I've checked with my HR and they don't offer any supplemental benefits, so I'll use some of my PTO to help cover the gap. Really appreciate all the insights!
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