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so how'd it go??? was it ok??
It went fine! You were all right - just a quick 15 minute call where the judge explained the hearing process, confirmed my subpoena requests (approved 2 out of 3), and made sure we all had the same documents. My employer was there but barely said anything. Now I feel much better prepared for the actual hearing next week! Thanks everyone for calming me down yesterday!
Good luck with your actual hearing! Quick tip - write down all your key points beforehand so you don't forget anything important when you get nervous. And remember to address all your comments to the judge, not directly to your former employer, even if they say something you want to respond to. The judge really appreciated when I maintained that formality.
That's excellent advice, thank you! I'm definitely going to prepare a list of talking points. And good reminder about addressing the judge - I probably would have fallen into arguing directly with my ex-boss which wouldn't look good.
Has anyone noticed how these "calendar week" rules are NEVER clearly explained when you're filing?! The questions just ask if you were "available for work" without explaining what they mean by that! And then they hit you with these technical overpayments months later! It's like they WANT people to make mistakes so they can collect overpayments!
My cousin had this exact problem last year. He was on a hunting trip that went from Thursday-Monday (only 5 days) but got hit with a two-week overpayment. What worked for him was bringing printed calendar evidence to his appeal hearing showing the actual days he was gone. The judge ended up reducing it to just the actual days he was unavailable instead of full weeks. Bring as much documentation as you can to your hearing!
That's encouraging to hear! I have my travel itinerary that clearly shows the dates, so I'll definitely bring that to the hearing. Did your cousin represent himself or get a lawyer?
im confused...what is a waiver? i got an overpayment notice for $1200 last month. can i just apply for a waiver instead of paying it?
Yes, you can apply for an overpayment waiver if you believe the overpayment wasn't your fault OR if paying it back would cause financial hardship. Go to your eServices account, look for the "Submit Overpayment Waiver Request" option. You'll need to explain why you're requesting the waiver and possibly provide financial information. But be prepared to wait - as you can see from this thread, ESD can take a very long time to process these requests.
wait guys i have a question - i got a waiver approved but never got any money back.... did i miss something???
If you never made any payments toward the overpayment before your waiver was approved, there wouldn't be anything to refund. But if you did make payments (either directly or through benefit reductions), you should have received a refund. Check your eServices account for any notices about the waiver decision, and look for information about refund eligibility. If you believe you should have received a refund but didn't, you'll need to contact ESD directly to inquire about it.
One thing no one mentioned - if you worked AT ALL during your benefit year (even part-time), you might qualify for a new claim. Worth checking into. The base period for a new claim would be different from your original one.
Based on your comment about working for 2 months last summer, you should definitely apply for a new claim. The worst they can say is no, but you might qualify for at least some benefits. Make sure to have all your employment information ready when you apply, including employer name, address, dates worked, and earnings.
Sayid Hassan
I want to clarify something important: When an employer doesn't respond, ESD is supposed to make a determination based on the claimant's statement and any other available information. However, they still need to complete their investigation process, which includes verifying your identity, wage information, and reason for separation. If you're approaching the 30-day mark in adjudication, you can request an escalation. Call and specifically ask for your claim to be escalated due to financial hardship. Use those exact words. Also, while you're waiting, make sure you're meeting all requirements for when your claim is (hopefully) approved: 1. File your weekly claims consistently 2. Complete and document 3 job search activities each week 3. Register with WorkSource if you haven't already 4. Check your ESD account and email daily for any communications If you do get denied and need to appeal, you have 30 days from the date of the determination to file your appeal with the Office of Administrative Hearings (OAH).
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Arnav Bengali
•Thank you for all this detailed information. I'll ask for an escalation due to financial hardship next time I call. I've been doing everything else on your list, so hopefully that will help when they finally review my claim. It's just the waiting that's killing me right now.
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Rachel Tao
have u checked ur spam folder? sometimes esd sends emails asking for more info and they go to spam. i missed one and it delayed my claim for weeks!!
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Arnav Bengali
•Good point! Just checked my spam folder and there's nothing from ESD there, but I'll keep checking daily just in case.
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