


Ask the community...
Has anyone mentioned the burden of proof yet? In BAP hearings (and regular appeals too), the burden is on ESD to prove you were overpaid, not on you to prove you weren't. Make sure to emphasize that in your written statement if you go the BAP route. Don't just defend yourself - directly challenge whether they've met their burden of proof with actual evidence (not just their system assumptions).
Excellent point about burden of proof. This is often overlooked and can be a powerful argument in overpayment cases. ESD must have specific evidence of misreporting, not just inference based on their internal calculations.
UPDATE - I just wanted to share that I got my BAP decision today and ESD has COMPLETELY dropped the overpayment!!! All that stress for nothing! The review officer specifically said my documentation clearly showed I reported everything correctly. So glad I went with the BAP instead of another phone hearing!
Regarding Claimyr - yes, it actually works. I was skeptical at first too, but after trying to get through to ESD for 3 days with no luck, I decided to try it. Got connected to an agent who could actually see my claim details and gave me specific information about why it was pending and what I needed to do next. Definitely better than guessing or waiting for letters that may never come. The peace of mind was worth it for me.
The agent I spoke with was able to see exactly what was causing the hold up and added notes to my claim. In my case, they saw my employer hadn't responded yet and put in a follow-up request. They couldn't instantly approve my claim or anything, but they could escalate it and provide me with actual information instead of generic responses. That specific knowledge helped me know what to do next.
has anyone else notice how the ESD website is always "down for maintenance" at the EXACT times u need to file ur weekly claim?? happened to me AGAIN last night when i tried to file right at midnight. seems suspicious...
Their system maintenance is scheduled for midnight to 4am on Sundays. It's on their website under System Availability. Best practice is to file your weekly claim during business hours on Sunday or Monday to avoid these maintenance windows.
FINAL UPDATE: My claim finally switched from pending to paid today! All 7 weeks of backpay are scheduled to hit my account tomorrow. Such a relief! If anyone else is stuck in pending limbo, definitely try the governor's office route - it took about 10 days total from when they got involved, but it worked when nothing else did.
congrats! bet that backpay is gonna feel good lol
Just wanted to update you - I went through something very similar last year. I was fired after only 6 weeks for missing 2 days due to a family emergency. I applied for benefits, was initially denied, but won on appeal. The hearing officer specifically mentioned that the employer failed to show any misconduct on my part and that they hadn't provided any documented warnings. The entire process took about 7 weeks from application to getting my first payment after winning the appeal. So don't give up if you get an initial denial!
Freya Collins
my adjuducation took 12 weeks in 2024 it was TERRIBLE i had to use all my savings and max out credit card! the whole system is broken!!!! when i finally got someone on phone they approved me in 5 minutes like why did it take 12 weeks then????????
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Brianna Muhammad
•This is why it's so important to reach an actual human at ESD. Sometimes claims get stuck in digital limbo and just need someone to look at them. Did you get backpay for all those weeks you were waiting?
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Laura Lopez
Update: I finally got through to ESD this morning after trying for 2 hours. The agent said my claim looks good but is waiting for employer response. They have until Feb 28th to respond, and if they don't, ESD will make a determination based on my documentation alone. She flagged my claim with financial hardship since I explained my situation. Fingers crossed this moves things along!
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Victoria Brown
•That's great news! The financial hardship flag should help speed things up. Once they make a determination, the pending payments usually process within 48 hours. Hang in there!
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