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One more important thing: document EVERYTHING. Every time you call ESD, write down the date, time, who you spoke with, and what they told you. If they make any promises about your repayment plan, ask for it in writing or at minimum get a reference number for the call. I've seen cases where claimants negotiated payment plans, only to have them not properly noted in the system. Then they were surprised when different amounts were withheld than what they agreed to. Also, check your ESD online account frequently once payments start. The overpayment balance should decrease with each payment. If you see any discrepancies, contact them immediately.
That's great advice. I'll definitely keep detailed records of everything. Really appreciate all the help everyone's given me here.
Since the overpayment happened in 2023, you should also check if you qualify for an overpayment waiver based on equity and good conscience. The criteria changed slightly in recent years, and ESD now has more flexibility to waive overpayments in certain situations. To request a waiver, you'll need to complete ESD's financial statement form and show that repayment would cause significant financial hardship. Success with waivers varies, but it's worth trying if your overpayment wasn't due to fraud or misrepresentation. At minimum, I'd recommend asking for the lowest possible repayment rate based on your financial situation. Having some income while job searching is better than none.
They NEVER approve those waivers!!! I filled out all the paperwork showing I could barely afford food and they still denied me. The whole system is rigged against us!!
They do approve waivers, but the standards are strict. Generally, they look for cases where: 1) The overpayment wasn't your fault, 2) You received the money in good faith, and 3) Repayment would cause extreme financial hardship. Success rates are higher for administrative errors versus claimant mistakes.
I work in HR and deal with unemployment issues regularly. This is definitely an identification mix-up in the ESD system. I've seen many cases where ESD has confused claimants with similar names or SSNs. I'd recommend doing all of the following: 1. Continue trying to reach a live agent (others have suggested methods) 2. Submit a formal appeal through the OAH (Office of Administrative Hearings) - this is different from the eServices appeals you've submitted 3. Go to your local WorkSource office in person - sometimes they can help escalate these issues 4. Contact your state representative as someone suggested 5. Continue filing weekly claims despite the denial Most importantly, document EVERYTHING. Note the dates/times of all calls, take screenshots of all online submissions, and keep copies of all documents you submit. This creates a paper trail showing your due diligence that can help get any waiting week penalties waived once the issue is resolved.
Thank you for these detailed suggestions! I didn't know about the OAH formal appeal process - is there a specific form I need to fill out for that? And do you think it's worth visiting WorkSource in person even if they're not directly connected to the UI department?
Yes, you can find the OAH appeal form on the ESD website under "Appeals". It's different from the eServices appeal process. You'll submit this to the Office of Administrative Hearings directly. As for WorkSource, while they're technically separate from the UI department, many WorkSource offices have ESD staff on site who have internal connections and can sometimes escalate cases or provide direct contact information for UI specialists. It's worth a try, especially if you're getting nowhere with phone calls. Just be sure to bring all your documentation with you.
UPDATE: I finally got through to a real person at ESD! I used the Claimyr service that someone suggested above, and it worked great. Got a call back in about 2 hours. The agent confirmed it was indeed a case of mistaken identity - they had somehow merged my records with someone else's who had the same last name but different first name and SSN! They've escalated my case to a claims specialist who will call me within 48 hours to process the correction. I'm still going to submit that OAH appeal as backup, but it looks like things are finally moving in the right direction. Thanks everyone for your help and suggestions!
Just wanted to update you - I helped someone last month with a similar situation, and we discovered that if you mark your waiver application as "financial hardship" AND "equity and good conscience" (there should be checkboxes for both), it increases your chances of approval. Also, be persistent about calling. If you use that Claimyr service I mentioned, ask specifically for a tier 2 agent who can look at both your adjudication and your waiver status.
I just checked and I only marked "financial hardship" - didn't even see the other option! Is there any way to update that now? And yes, I'm definitely going to try calling again tomorrow.
Update that by calling them. "Equity and good conscience" applies well to your situation since you never received notification of the overpayment. That's actually a due process issue they take seriously. Also, regarding the "eligibility issues" - that's typically code for one of three things: 1) they think you didn't report some income, 2) they question your availability for work during those weeks, or 3) there was an employer protest that was processed late. Any of these sound possible?
Thanks for explaining that! I'm guessing it might be #2 - I was taking an online certification course during part of that time, but I reported it and was still applying for jobs. Maybe they decided after the fact that the course made me unavailable? I'll definitely mention the "equity and good conscience" aspect when I call.
To answer your follow-up question: When filing weekly claims while waiting for standby approval, you should still report your job search activities until the standby is officially approved. Once approved, you'll see a message in your account indicating you're on standby status and exempt from job search requirements. Standby approval typically takes 1-3 weeks in my experience, but can take longer during busy periods. You can check your account for the status or call ESD directly if you don't see any updates after about two weeks.
That makes sense. I'll start doing my job search activities until I see the standby approval on my account. Really appreciate all the help everyone!
TechNinja
I'm wondering if this is related to that system update they announced last month? They sent an email about upgrading some parts of eServices but I don't remember the exact dates. Maybe we're seeing the aftermath of a botched update rollout.
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Raj Gupta
Yes, you're right. They're in the middle of a phased system modernization project that was announced in their April 2025 claimant newsletter. Phase 2 was scheduled for implementation throughout May and June, with weekend maintenance windows. The claim filing issues some people are experiencing are likely related to this transition period.
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