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One more thing - after the hearing you'll get a written decision in the mail. If for some reason it doesn't go your way, you have 30 days to appeal to the Commissioner's Review Office. Don't miss that deadline either! But hopefully with all your documentation proving you were laid off, you'll be fine.
my cosuins frend had a hearing last month and said they asked about her job search activities too so make sure u got ur job search log updated before the hearing just incase they ask!
That's actually a different type of hearing. The "job search review" is separate from eligibility hearings about separation issues. Based on OP's description, their hearing is specifically about whether they quit or were laid off. But keeping your job search log updated is always good advice regardless!
Your experience mirrors mine almost exactly! I also won my overpayment appeal last month after a 14-month battle. The most frustrating part was that during the hearing, it became obvious that the ESD representative hadn't even fully reviewed my file before denying my waiver request. The judge actually commented on this during the hearing. One thing that really helped my case was having detailed records of every single interaction with ESD - phone calls (dates, times, names of representatives), copies of all correspondence, and screenshots of my weekly claim certifications showing I had reported everything correctly. For anyone facing an overpayment notice, document EVERYTHING from the very beginning. Even if you think something isn't important, save it. You never know what might end up being the key piece of evidence that saves you thousands of dollars.
That's exactly what happened in my hearing too! The ESD rep kept fumbling through papers and clearly didn't understand my case history. At one point, they even referenced information from someone else's file! The judge had to correct them multiple times. It was both validating and infuriating to realize how carelessly they had handled something that caused me so much stress and anxiety.
Anyone else notice how ESD is suddenly finding all these "overpayments" right when the state budget is tight? Seems mighty convenient they're trying to claw back money from thousands of people who followed their instructions during the pandemic. I've talked to so many people dealing with this exact same issue! I'm glad you won your case but it's CRIMINAL that you had to fight for 2 YEARS and deal with health problems because of their incompetence. They should be paying YOU for all the stress and time wasted fighting their mistake!
One more tip about the appeal hearing - make sure you clearly understand which specific weeks ESD is questioning. Sometimes they'll only contest certain weeks but not others. You should receive documents before the hearing explaining their exact reasoning for the overpayment determination. Read this VERY carefully and prepare your evidence to directly address their specific concerns. Judges appreciate when you're organized and directly addressing the issues at hand rather than making general statements about your eligibility.
Thank you so much for this advice. The notice mentions weeks ending March 15 through April 5, 2025. I'm going to organize all my job search logs and application confirmations for those specific weeks. Do you think I should also get statements from places I applied to confirming I submitted applications?
Just to add to what others have said - if you do end up having to repay, know that you can negotiate the monthly payment amount based on your financial situation. I ended up with a small overpayment last year ($750) and initially they wanted $150/month, but after I explained my situation, they reduced it to $50/month. Don't agree to a payment you can't afford.
Update: I finally got through to ESD this morning! Called right at 8:00 AM like someone suggested. Turns out the overpayment was because I accidentally reported working 15 hours one week in 2020 when my employer reported 19 hours. The agent was actually really helpful and I'm going to send in some old pay stubs I found to contest it. They put a hold on collections while I gather my documentation. Thanks everyone for the advice!
Glad you got through! One more tip - make copies of EVERYTHING you send them and keep a log of every conversation (date, time, agent name if possible). I learned the hard way that sometimes things get "lost" in their system and you need proof of what you've submitted and when.
Raul Neal
Just an update for everyone - I checked the ESD website and they've now posted an alert about the payment delay issue. They're stating all payments should be deposited by Friday at the latest. They're also advising claimants NOT to file duplicate weekly claims as this will further complicate things.
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Paloma Clark
•Thank you! Just checked my account and the money finally arrived about an hour ago. Such a relief!
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Heather Tyson
see told ya it would work out lol
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