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I hate to say this but you might need to talk to a lawyer who specializes in unemployment issues. I know it's expensive, but when you're facing $22k in repayments, it might be worth it. The Legal Aid office sometimes offers free consultations for these cases.
That's a good point. I'm going to try these other suggestions first, but if I can't make progress, I'll look into legal aid. Thanks for the advice.
If you go the appeal route, make sure to clearly explain how you calculated your weekly income from your biweekly payments. The key issue will be whether you properly reported your work hours and earnings each week, even if the actual payment was biweekly. For example, if you earned $1600 biweekly for 80 hours of work, ESD would expect you to report $800 for each week (40 hours). If you reported the full $1600 only on the weeks you received payment, that would trigger an overpayment determination because it would appear you weren't reporting income for the alternate weeks. The good news is that if this was an honest misunderstanding about reporting requirements rather than intentional fraud, you have a much better chance of getting the overpayment reduced or the penalties waived.
That explains a lot. I think this is exactly what happened - I reported income when I actually received my paychecks rather than splitting it weekly. No one ever explained that I needed to calculate it differently. I never intended to misreport anything. Thank you for explaining this!
kinda off topic but make sure u update ur address with esd ASAP! they sent me important paperwork to my old place and when i didnt respond they shut off my benefits for like 3 weeks
UPDATE: I got through to someone at OAH! Used that Claimyr service someone mentioned and it actually worked to get me connected to ESD, who then transferred me directly to OAH. The hearing coordinator confirmed my appeal was actually resolved months ago when the adjudicator approved my benefits, but the hearing was never formally canceled in their system. She's removing it from the calendar and sending me email confirmation. Such a relief! Thanks everyone for your help today - I was seriously panicking!
Excellent news! This is actually a common administrative oversight. Make sure to keep that email confirmation in case any questions arise in the future. Glad it worked out!
my cousin won his appeal and it took like 2 months total but he got all back pay so at least theres that to look forward to if you win.
Yes! I got backpay too after winning my appeal. It was such a relief to finally get that money after waiting so long. The interest from my credit cards during the wait was painful though 😬
BTW if ur appeal is denied do NOT give up!! You can file a petition for review with the commissioner's office. I won at that level after losing my hearing. It takes even LONGER but worth it if ur claim is legit.
This is correct. The appeal process has multiple levels: 1. Initial appeal hearing with Administrative Law Judge (ALJ) 2. Petition for Review to Commissioner's Review Office 3. Appeal to Superior Court Each level has strict deadlines, typically 30 days from the date of the decision. Most cases are resolved at the ALJ level, but it's good to know you have options if needed.
Hey, I just noticed something in your original post - you mentioned this is a 12-week program? Make sure you're aware that after 5 weeks on unemployment, your job search requirements change and you have to be willing to accept work outside your usual occupation or at lower pay (like 90% of previous wages for weeks 5-8, then 80% after that). So if retail jobs that require weekend work become "suitable employment" for you after a few weeks, that gardening program could actually make you unavailable for suitable work by ESD's definition.
That's an excellent point about the expanded job search requirements after 5 weeks. The definition of "suitable work" does broaden over time, which could potentially include positions requiring weekend availability depending on your work history and local job market. This is exactly why documenting your situation with ESD is important - to establish that you understood the requirements and remained in compliance throughout your claim.
Thank you all for the helpful advice! I'm going to try contacting ESD directly to document this situation. Better to be upfront now than deal with problems later. I'll make it clear that I'm primarily looking for work in my field (which is typically M-F) but that I'm willing to accept suitable work even if it means quitting the gardening program. Sounds like being transparent is the safest approach.
Smart decision. Getting everything documented now will save you headaches later. When you do reach out to ESD, make sure to take notes on who you spoke with, the date/time, and what they told you. That documentation can be really valuable if questions come up later about your claim.
Mohamed Anderson
Ugggghhhh the ESD system is BROKEN BEYOND REPAIR. I went through this exact nightmare scenario in January. Waiting week status for TWENTY-THREE DAYS with zero explanation! When I finally got through to someone they said "oh we needed to verify something with your employer" - THEN WHY DIDN'T YOU TELL ME THAT THREE WEEKS AGO???? The whole system is designed to frustrate people into giving up. They WANT you to abandon your claim. Don't let them win! Keep calling, keep messaging, and document EVERYTHING in case you need to appeal.
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Daniel White
•While I understand your frustration, I don't think the system is intentionally designed to make people give up. ESD is dealing with thousands of claims with limited staff. The verification processes are important to prevent fraud. That said, they absolutely should improve their communication and let claimants know when something specific is holding up their claim.
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Rhett Bowman
UPDATE: I finally got through to someone! Used the Claimyr service mentioned below and got connected to an ESD agent in about 15 minutes. Turns out there was an employer verification issue - my former company hadn't responded to ESD's request for information. The agent submitted an override since it had been more than 10 days with no employer response. She said my payment should process in 48-72 hours. Such a relief! Thanks everyone for your help and suggestions!
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Selena Bautista
•yay!!!! so glad it worked out!!! 🎉🎉🎉
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Tasia Synder
•That's a common issue - employers have a limited time to respond to ESD inquiries, and if they don't, ESD is supposed to proceed with the claim. Glad you got it resolved! Make sure you continue filing your weekly claims on time while you wait for that payment to process.
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