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I worked for ESD as a claims specialist until 2024, and I can tell you that overpayment issues often happen because of reporting mismatches between what you reported and what your employer reported. Sometimes it's as simple as the dates being off by a day or two. When you call (if you can get through), ask the agent to explain EXACTLY what weeks and amounts they believe you failed to report. Compare that with your records. In about 30% of cases I handled, there was a simple explanation that resolved the issue without a formal appeal.
FINAL UPDATE: I used Claimyr this morning and actually got through to ESD! The agent explained that there was a discrepancy between what I reported and what my employer reported for those 3 weeks. Turns out my employer had reported my hours using the wrong pay period dates. The agent put a temporary hold on collections while they investigate, and I'll be submitting my paystubs and bank statements as evidence. I'm still filing my taxes but feeling much better about the situation. Thanks to everyone for your help and advice!
One more important tip - when you file the appeal, you'll get an acknowledgment letter that includes instructions for submitting evidence. Follow these exactly! You typically need to submit your evidence at least one week before the hearing date. Also, during the hearing itself, stay calm and stick to the facts. The judge only wants to know the specific circumstances of your separation from employment. In your case, that's simple - you were laid off due to lack of work, and the employer incorrectly reported it as misconduct. I've seen many appeals get unnecessarily complicated because people get emotional or go off on tangents about unrelated workplace issues during their hearing. The more straightforward you keep it, the better your chances.
Final advice: While going through this process, start job searching right away. Document all your job search activities each week (minimum 3 per week). Even if you're appealing a denial, you need to be doing and documenting your job searches to qualify for benefits when/if you're approved. The WorkSource website has good resources for tracking these activities correctly.
Yes, interviews definitely count as job search activities! Applications, interviews, attending job fairs, and even certain WorkSource workshops all qualify. For your medical appointments - you can request a temporary exemption from job search requirements due to illness by indicating this on your weekly claim. You may need to provide documentation, but ESD can approve temporary exemptions when you have valid reasons like medical treatment.
just make sure when u fill out that form you really emphasize how this would cause severe financial hardship!!! they look for specific language like 'unable to afford basic necessities' and 'would deplete all savings' and stuff like that. also if you have any medical issues or disabilities mention those too!!
I really appreciate everyone's help on this! I've submitted both the appeal (just made the 30-day deadline) and the waiver request form with all my financial documentation. I emphasized that I'm on a fixed retirement income, included my monthly expenses, and explained that the overpayment would make it impossible to afford my housing and medications. I also clearly stated that the error was due to ESD putting me on the wrong benefit type, not any mistake on my part. I'll update this thread when I hear back from them. Fingers crossed for a positive outcome!
Excellent! You've done everything right. Now it's a waiting game, which can unfortunately take 4-8 weeks for processing. If you don't hear anything after 30 days, I'd recommend following up through your eServices account message center or using Claimyr to speak with an agent directly for a status update. Best of luck!
Emma Swift
When I started my job last year my sister-in-law who works in HR told me that I should file for that partial week but then I forgot and it was too late lol. Make sure you do it within the filing window or you'll lose out like I did!
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Max Knight
•ya i messed this up too once. u only have like the sunday-saturday window after the week ends to file or ur out of luck
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Alexis Renard
Thanks everyone for the helpful advice! I went ahead and filed my weekly claim, reported my work start date, hours, and earnings. The system accepted it without any issues. Since I only made about $320 for those two days (and my WBA is $790), it looks like I'll get a partial payment. The confirmation page showed an estimated payment of $710, which makes sense based on the formula someone explained. Really appreciate all the help!
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Camila Jordan
•Great! And don't forget that once you've been at your new job for a full week, you don't need to formally "close" your claim - just stop filing weekly claims and ESD will automatically close it after a few weeks. Keep the information for your claim handy though, in case you need to reopen it within the benefit year.
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