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Did you switch jobs during your claim period or have multiple employers? That's often the cause of these mysterious overpayment notices. ESD's system sometimes fails to properly connect all your employment records, especially if you worked for multiple places or had gig work. Make sure your appeal specifically addresses this possibility if it applies to your situation.
One important thing to note: if your appeal is successful, you'll want to request a formal "waiver of overpayment" form from ESD. Even if they agree the overpayment was their error, they sometimes still expect repayment unless you specifically request a waiver. Don't skip this step! The form basically asks you to explain why repayment would cause financial hardship. Also, continue filing your weekly claims if you're still on unemployment - an overpayment notice doesn't automatically disqualify you from current benefits.
I finally got through to ESD this morning! Turns out they think I was working full-time at both bars simultaneously, which wasn't the case at all. I was working part-time at each, totaling less than 30 hours weekly. The agent sent me the appeal form and told me exactly which pay periods they're questioning. Going to submit all my documentation tomorrow. Thank you everyone for the help and keeping me from panicking!
i had the OPPOSITE problem with ESD last year lol. i WASNT in school & they somehow marked me AS attending school & disqualified me. took 6 calls & 2 months to fix. double check all your weekly claims to make sure you answered the school question correctly each week?
I definitely double-checked my answers before submitting each week. I answered "yes" to the school question and explained that I was taking evening classes that wouldn't interfere with full-time work. Maybe that's where things went wrong? Should I have answered "no" since the classes don't affect my work availability?
Actually, that might be part of the problem. When you answer "yes" to attending school, the system often flags your claim for review because it assumes you might not be available for work. This is why many people recommend applying for Training Benefits approval before starting classes. For now, I recommend: 1. File your appeal right away (30-day deadline!) 2. Try to reach an ESD agent (using Claimyr or persistent calling) 3. Keep filing weekly claims, but be consistent with your answers 4. Gather documentation showing your availability despite school And don't get discouraged - many people successfully overturn these kinds of disqualifications when they can prove the school schedule doesn't interfere with work availability.
This is all excellent advice. One more thing: when you file your appeal, specifically request back payment for all those weeks you were filing. If your appeal is successful, ESD should pay you for all properly filed weeks retroactively. Just make sure you don't miss any weekly filings while waiting for the appeal decision.
Based on everything you've shared, you're in a pretty strong position for the appeal. Having the written layoff notice is extremely valuable evidence. The fact that the employer is now changing their story to claim it was for tardiness, when they documented it as a layoff due to reduced work, severely undermines their credibility. One other thing to prepare for: ESD may try to say you have to repay while the appeal is pending. You can request a "waiver of collection" due to financial hardship while your appeal is in process. This stops them from taking actions like garnishing wages or tax refunds until after the hearing decision. Please come back and let us know how the hearing goes!
Yes, absolutely request to record the hearing! OAH records it anyway, but having your own copy is helpful. Also, take detailed notes during the employer's testimony - they often contradict themselves, which you can point out during your response. One last tip: use the exact terminology from the ESD handbook when possible. For example, don't just say "I was laid off" but instead say "I was separated from employment due to lack of work, which is not misconduct connected with the work." Using their language shows you understand the standards they're applying.
My uncle works for ESD and he told me they always use the first 4 of the last 5 completed quarters. It's just how the system works. Also, make sure you're doing your job search activities every week (3 per week) or they'll deny your benefits.
One more important thing to understand: After your claim is processed and investigated, you'll receive a "Monetary Determination" letter that shows exactly which wages were counted from which quarters, and how your weekly benefit amount was calculated. This usually takes 2-3 weeks. If you notice any wages missing from the determination that should be in your base year (7/1/22-6/30/23), you can request a redetermination. But they won't include wages outside your base year unless you don't qualify at all under the standard base year calculation. Just make sure to keep filing your weekly claims while waiting for the final determination. Your first payment won't process until the investigation is complete, but you'll get paid retroactively for all weeks you've properly claimed.
ApolloJackson
I HATE how they do this to people!!!! 10 WEEKS is CRIMINAL when rent is due NOW. The whole system is designed to wear us down so we give up. I had a determination that took 2 months and it was just because my former employer contested it with totally FALSE information. Even after I was approved, they held my payments for "verification" for another 3 weeks!!!! Don't get your hopes up with these people. They're totally incompetent and don't care if we end up homeless while they take their sweet time.
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Sophia Rodriguez
•Ugh that sounds awful! Did you eventually get all your back payments? I'm owed over $5,200 at this point if I get approved.
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Olivia Martinez
I can clarify a few things about what you're seeing in your account: 1. A determination dated today means a decision has been finalized on your claim 2. The "waiting week" status for your first week is significant - this is only established for claims that are approved (denied claims don't set up a waiting week) 3. The "processing" status on subsequent weeks suggests the system is preparing to issue payment It's very likely you've been approved based on these indicators. The determination letters typically appear in your online account within 24 hours of the decision date. ESD does indeed run most of their system updates overnight between approximately 11pm-3am. Once your claim is approved, the payment process typically takes 2-3 business days. Continue filing your weekly claims during this period.
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Sophia Rodriguez
•Thank you so much for this detailed explanation! I checked this morning and my letter is there - I GOT APPROVED!!! All my weeks now show "paid" status. Words can't express my relief right now. Thank you everyone for your help and support through this nightmare!
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