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Just an update on waiver deadlines - in 2025, ESD extended the response window for overpayment appeals and waiver requests to 35 days (it used to be 30). Make sure you're tracking the exact date on the notice. Also, if you mail any forms, use certified mail so you have proof of when you submitted everything. ESD has been known to claim they never received documents.
I wanted to follow up with one more important detail - your daughter should also request a formal appeal of the overpayment determination within the 35-day window, not just the waiver. This preserves all her rights while you work on the waiver request. The appeal form (called a "Request for Review") can be submitted online through her eServices account or by mail. Also, yes, most forms can now be uploaded directly through the eServices portal. Go to her account, look for "Upload a Document" and select the appropriate form type from the dropdown menu. You'll still want to keep screenshots or confirmation numbers as proof of submission.
Regarding your earlier question about texts to friends/family as evidence - yes, these can be helpful if they were written contemporaneously with the events. They show you were reporting these issues at the time they occurred, not fabricating them later. Make sure to redact any personal information about your friends/family if you submit these.\n\nAlso, for hostile work environment cases, it's crucial to demonstrate that you brought concerns to management when possible. If you have any documentation showing you reported problems to a supervisor or HR, these will significantly strengthen your case. If you didn't formally report issues, be prepared to explain why (fear of retaliation, no HR department, supervisor was the problem, etc.).
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!
To add some clarity: When ESD places you in default status after missing a hearing, it means the judge made a decision based only on the evidence in your file, without your testimony. Since you didn't receive benefits and subsequently found employment, there are two distinct considerations: 1. For this specific claim: You don't need to worry about overpayments since you never received money. You should formally withdraw your claim by sending a message through eServices stating you found employment on X date and are withdrawing all pending appeals/claims. 2. For future claims: The default judgment creates a determination in your record. If you ever need to file for unemployment again, you may want to request a copy of that determination so you understand if there were any disqualifying issues noted that might affect future claims. This is really more about record-keeping than any immediate concern.
One thing to remember is that there's a statute of limitations on these matters too. After a certain period (typically 3 years), ESD can no longer pursue most claims against you. Since you never received benefits, this is more of a technicality, but worth knowing for peace of mind.
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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