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One thing to consider: if the overpayment notice says it's due to unreported earnings, get an official earnings record from every employer you had during your claim period. You can also request your official wage records from ESD themselves as evidence. If there's a discrepancy between what you reported and what employers reported to ESD, that could explain the issue. Also, check whether they're claiming this was a fraudulent overpayment or non-fraudulent. The difference is important for penalties and repayment options. If they're alleging fraud, you'll want to take that very seriously.
Update: I was finally able to get through to ESD this morning. Turns out they somehow duplicated my entire claim history and counted it TWICE, plus they're claiming I didn't report income from a job I never even had! The agent said it looks like a system error combined with possible identity mix-up with someone with a similar name. She's escalating it to a supervisor but said I should still prepare for the hearing just in case it's not resolved by then. Thank you all for your help and advice!
That's actually great news! Make sure you get the agent's ID number or name, and ask them to note all of this in your file. Request that they send you written confirmation of what they found. Having documentation of this conversation could be extremely helpful at your hearing if it's not resolved beforehand.
yeah they ended up paying me everything but it was super stressful waiting! i almost missed a car payment. hope u get yours fixed faster!!
Update: I managed to get through to ESD this morning! Called right at 8:00 AM like someone here suggested and only waited about 20 minutes. The person I spoke with was actually helpful and explained that my adjudications were for: 1. Job separation issue (my employer is claiming I quit) 2. Potential availability issue (because I mentioned possibly taking classes) 3. Wage verification (they need paystubs from a previous job) She expedited my claim due to financial hardship and consolidated the issues under one adjudicator. She said I should hear something within 5-7 business days! Thank you all for your advice - it really helped me understand what was going on and how to address it.
awesome! glad it worked out, hope u get paid soon
Something else to consider - filing deadlines for Supreme Court are SUPER strict. Missing even by one day means automatic loss. Make sure you're counting calendar days not business days. Also remember you need to serve ESD's attorneys too, not just file with court.
Thanks for the reminder! My Court of Appeals decision was issued on February 7th, so I need to file by March 9th. That gives me just over two weeks to get everything together. I'll make sure to build in extra time for any issues that might come up.
One last suggestion - check if any law schools in your area have legal clinics. Sometimes they take on interesting cases like yours as teaching opportunities for law students (supervised by professors). Might be worth a call to see if they'd be interested, especially since multiple attorneys think your case has merit.
That's a brilliant idea! There are a couple of law schools within driving distance. I'll reach out to them tomorrow. Even if they can't take the whole case, maybe they could help me with drafting the petition. Thank you so much for this suggestion!
One thing that helped me was gathering evidence that other employees had similar accommodations granted. Do you know if anyone else at your company ever received the same or similar accommodation that you requested? That could really strengthen your case with ESD by showing the company was being discriminatory specifically to you.
That's a really good point! Now that I think about it, there was someone in another department who got a similar accommodation last year. I'm still in touch with a few former coworkers - I'll ask if they'd be willing to provide statements about this. Thank you for the suggestion!
Based on what you've shared, I think you have a strong case. ESD typically considers these factors in determining if you quit or were effectively discharged: 1. Did you take all reasonable steps to preserve your employment? 2. Was the employer's action or inaction the real cause of separation? 3. Would a reasonable person in your situation with your medical constraints feel compelled to leave? The fact that your doctor specifically stated you should seek other employment if accommodations weren't possible creates a compelling argument that you had no reasonable alternative. Just make sure ESD has this documentation clearly spelled out. 8 weeks is unfortunately not unusual for complex adjudication cases, especially those involving medical issues and potential discrimination.
Thank you for laying this out so clearly. I definitely did try to preserve my employment by providing the accommodation request and giving them the chance to work with me. I guess I just need to keep being patient and make sure they have all the documentation. It's just so frustrating being in financial limbo for 8+ weeks while they decide.
Natasha Volkova
I don't get why everyone complains about ESD so much. I filed my claim last month and got approved in like 3 days with no issues at all. Maybe y'all are just filling things out wrong? Just saying...
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Keisha Williams
•Wow, really helpful comment there. 🙄 Some claims trigger automatic adjudication for things totally outside our control. My separation was a standard layoff with zero complications, forms filled perfectly, and I still waited 4 months. Consider yourself LUCKY rather than superior.
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QuantumQuester
•Good for you. Many of us have perfectly straightforward claims that get stuck for months for reasons never explained to us. I've been filing taxes for 25 years and have filled out plenty of government forms correctly. This isn't a user error issue - it's a broken system issue.
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Yara Nassar
quick update - did they explain what the hold up was about your claim when they called? sometimes knowing helps prevent issues on future claims
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QuantumQuester
•Shockingly, no! The ESD agent who called just said they were following up on the Governor's Office inquiry and would expedite my claim review. Never mentioned what the actual issues were. The approval letter just states my weekly benefit amount and eligibility period, but nothing about what caused the delay. It's maddening.
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