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Here's what most people miss when appealing overpayments: You need to be VERY specific about which weeks you're disputing. Don't just say "I think the whole thing is wrong." Go through week by week, showing exactly what you reported vs what ESD claims. Also, be super clear about whether you're disputing the fact that there was an overpayment at all, or if you're requesting a waiver based on financial hardship. Those are two totally different processes! If you truly can't afford to pay it back, you can request a waiver even if the overpayment itself was valid.
Update: I spoke with an ESD agent yesterday who confirmed I should include ALL hours I was required to be at the workplace, including the unpaid time between clients. I've submitted my application with the corrected hours (adding all those 30-min breaks) and it puts me well above the 680 hour threshold! The agent said they might contact my former employer to verify, but as long as I can prove it was mandatory time (I found our employee handbook that states we must remain on premises between appointments), I should be good. Thanks everyone for your help!
One more thing to keep in mind - if your employer disputes the hours, don't panic. ESD will schedule a fact-finding interview where both sides can present their evidence. Just make sure to attend the interview and clearly explain the workplace policy. Having that employee handbook is perfect evidence. Also, if you have any emails or text messages about staying on premises between clients, save those too. Documentation is your best friend in these situations.
While you're waiting for your appeal confirmation, I recommend preparing your evidence. Gather anything that proves you were laid off: termination letter, emails, texts with your boss, contact info for coworkers who were also laid off, etc. The more documentation you have showing it wasn't voluntary, the better your chances. Also write down a timeline of events while it's fresh in your memory.
I had this exact same sitatuion last quarter!!! Actually what happened was my appeal confirmation got sent to my old address even though I updated everything in the system. Maybe check with your old address if you moved recently? Just a thought.
did u check ur spam folder 4 any emails from esd? sometimes they email u if theres a problem with the payment
Update us when it arrives! Always helpful to know how long these things actually take. Based on what I've seen in this forum over the past few months, 3-4 business days seems to be the average for backpay amounts over $5000.
Nia Thompson
Also my hearing was done by phone, not in person. Make sure ur phone number is updated in the system and that you answer ALL calls during your scheduled hearing time even if the number looks weird. I almost missed mine cuz it came from a weird area code I didn't recognize!
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Chloe Martin
•That's good to know - I'll make sure my phone info is updated. Did they email you any documents before the hearing or was everything by mail?
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Anastasia Sokolov
While you're waiting for your hearing date, use this time to thoroughly prepare. Review the ESD Claimant Handbook section on appeals (pages 39-42), gather all documentation about your separation from employment, and consider if you need witnesses. OAH hearings are formal proceedings where both you and ESD will present your case to an Administrative Law Judge, so preparation makes a significant difference in outcomes. When you do receive your hearing notice, it will include important information about your rights, how to submit evidence, and deadlines for doing so. Read every page carefully.
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Chloe Martin
•Thank you - I didn't even think about the Claimant Handbook. I'll review those sections tonight. Do you think I need to get a lawyer for this?
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