One important detail nobody mentioned: when your husband files, make sure he lists his last day of WORK as his last day of employment, NOT the end date of his severance period. This is a common mistake that can cause problems. Also, if you run into issues with his claim (which is common with severance situations), be prepared for long wait times when calling ESD. I waited 3+ hours multiple times trying to resolve my severance-related adjudication.

my brother had similar situation but his severance was actually called "garden leave" where he got paid but wasn't supposed to work anywhere else during that time... ESD counted that as employment and he couldn't get benefits until after... so terminology really matters!

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.

One more thing that might help - request a detailed breakdown of exactly WHICH weeks they're claiming overpayment for. The notice should have this info, but sometimes it's not clear. Once you know the specific weeks, check if you can access your old weekly claim certifications in your ESD account history. The system usually keeps these records, though they might be archived. Also, if you file an appeal, you'll automatically get scheduled for a hearing with the Office of Administrative Hearings (OAH). This is actually good because it gives you a chance to explain your situation to a judge who isn't part of ESD.

One more tip: If your appeal is denied, you can still request a waiver of the overpayment based on financial hardship. There's a specific form for this on the ESD website. They'll look at your current income and expenses to determine if repaying would cause significant hardship. I've seen many pandemic-era overpayments waived this way, especially for people who are still struggling financially.

Don't forget that working part-time might qualify you for partial unemployment too!! I work part time and get a small UI payment each week. It's not much but every bit helps!

Another thing to consider is that sometimes working part-time can help extend your benefit year. Since you won't be drawing your full WBA each week when you have part-time earnings, your total benefit amount will last longer. Just make sure that your part-time work doesn't interfere with your availability for full-time work, as that's a requirement for receiving UI benefits. You need to be able and available for suitable full-time work and actively seeking it.

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!