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The entire ESD system is DELIBERATELY DESIGNED to be confusing and trip people up so they can deny benefits!!! I went through this exact situation last year and ended up getting disqualified because I didn't know I still needed to do job searches when filing by phone. No one told me! The automated system doesn't tell you! They sent me a letter MONTHS later saying I owed $4,800 in overpayments because I failed a job search review. The system is RIGGED against claimants. They don't want to pay benefits so they make the process as complicated as possible hoping people will make mistakes.
When I had to file by phone once during a power outage, I actually used my neighbor's internet the next day to log into my eServices account and add my job search activities after I'd already filed by phone. There's a section where you can view and edit your job search activities separate from filing your weekly claim. Not sure if that's still possible in 2025, but might be worth checking once your internet is back!
my neighbors cousins was in adjudiction for 3 months!!! but that was back in 2023 so maybe its faster now. but yeah the systems still a mess from what i can tell
Quick update on timeframes based on recent cases I've seen: Current ESD adjudication is averaging 5-7 weeks for standard issues. Senator intervention is helping, but their offices are getting flooded with requests which is diluting the effectiveness somewhat. One thing to verify: check that your identification verification is complete and shows "verified" in your account. That's often an invisible blocker that keeps claims stuck.
Not the same situation exactly but my roomate had an overpayment they were trying to collect. He requested a waiver because of financial hardship and they approved it pretty fast. Maybe try both approaches - the fraud victim route AND a financial hardship waiver if your son really cant afford to repay?
One more critical piece of advice: When submitting the identity theft documentation to OSI, make absolutely sure your son checks the box to request a "Section 4(c) Waiver" on the fraud documentation form. This specific waiver is for victims of unemployment fraud and can completely remove the overpayment from his record. Also, while this is being resolved, your son should still apply for unemployment if he needs it when his seasonal work ends. During the application, he should disclose the pending fraud case in the comments section. This creates a record that he's being transparent while still asserting his right to legitimate benefits. The waiver has a high approval rate for documented incarceration cases because it's physically impossible for the person to have filed those claims. Make sure to include visitor logs or other documentation that proves he had no access to devices that could have filed claims.
To clarify for everyone: These refunds are part of ESD's implementation of the blanket waiver program that was authorized during COVID. ESD is still processing these even in 2025 due to the massive backlog. Regarding taxes: 1. If you deducted the original repayment on your taxes as an itemized deduction → You likely need to report the refund as income (tax benefit rule) 2. If you used the standard deduction → You generally DON'T need to report the refund as income 3. If your itemized deductions that year didn't actually reduce your tax liability → You might not need to report it as income ESD should have included Publication 525 information with your refund check. It specifically addresses the tax implications of benefit repayments and subsequent refunds. If you're unsure, consult a tax professional with your specific situation.
wait so are they doing this automatically for everyone or do we need to apply somewhere? i paid back like $5k in 2021 and nobody told me anything about waivers
They're processing them automatically, but they're going through cases very slowly. The blanket waivers were approved for non-fraud overpayments during the pandemic period, but ESD's implementation has been extremely inconsistent. If you repaid an overpayment from the COVID period (roughly March 2020 through September 2021), it's worth calling ESD to check if your case qualifies for the waiver program. Be prepared for a long wait though - their phone lines are still overwhelmed.
DeShawn Washington
Just to add some clarification about what's actually happening: When claims get stuck, it's often because they're flagged for manual review but haven't been assigned to an adjudicator due to backlog. What the Governor's office does is essentially flag your claim for priority handling, moving it to the front of the queue. It's not that they're suddenly approving claims that weren't valid - they're just ensuring someone actually looks at your claim sooner rather than later. This is why it's important that your claim is legitimate and all documentation is already uploaded. They won't approve anything that doesn't qualify, but they will make sure it gets reviewed promptly.
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Lena Kowalski
•That makes a lot of sense. I definitely had all my documentation ready and had done everything right. It just seemed like my claim was sitting in a digital pile somewhere that nobody was looking at. Thanks for explaining how the process works!
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Giovanni Rossi
My BFF works at ESD (don't want to say which office lol) and she says they're still super understaffed since covid. Like they lost a ton of experienced people and the new folks are still learning the system. That's why so many claims get stuck - the complicated ones need experienced staff to review them but there aren't enough to go around. She actually suggested the governor's office trick to me before when my neighbor was having issues!
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Sofía Rodríguez
•So they KNOW the system is broken but instead of fixing it they just tell people to call the governor?? That's even worse! If they know they're understaffed they should HIRE MORE PEOPLE with all the money they're saving by delaying our claims!
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