Brief Adjudicative Proceeding vs Telephone Hearing for ESD overpayment - which is better?

I DID THE BRIEF ADJUDICATIVE THING LAST MONTH!!!! It was actually way better than my phone hearing experience. With the telephone hearing, I felt rushed and the judge kept cutting me off when I tried to explain my situation. With the Brief Adjudicative Proceeding, I was able to submit ALL my evidence ahead of time and write out my FULL explanation without being interrupted. I won my case too - they cancelled the $3,800 overpayment ESD was trying to get from me. Just make sure you submit EVERYTHING you have - paystubs, emails, screenshots of your weekly claim submissions, EVERYTHING!

i did telephone hearings twice and lost both times. esd just wants their money no matter what proof you have. good luck but dont get your hopes up

I've assisted several clients with both formats, and the Brief Adjudicative Proceeding (BAP) can be advantageous in overpayment cases where documentation is your strongest evidence. Here's why: 1. BAPs are decided based entirely on written evidence and statements 2. You have more time to organize and explain your position 3. You don't face real-time questioning that might fluster you 4. The review officer often has more time to carefully review your documents However, telephone hearings can be better if: - Your case relies heavily on verbal testimony - You need to question ESD representatives directly - You're good at explaining complex situations verbally For your situation, since you have documentation showing you reported hours correctly, the BAP might actually be preferable. Make sure you submit a clear written statement explaining exactly what happened chronologically, with all supporting documents clearly labeled and referenced in your statement.

Whatever u do make sure u keep copies of EVERYTHING u send them cuz ESD conveniently "loses" documents all the time. happened 2 me twice!

Have you tried calling ESD directly to discuss your overpayment situation? Sometimes getting through to a knowledgeable agent can resolve these issues before going through the formal appeal process. I was in a similar situation with a $4,700 overpayment notice, and after finally reaching someone who actually reviewed my case, they reduced it significantly. I couldn't get through using the regular phone lines (kept getting disconnected after waiting for hours), but I used Claimyr (claimyr.com) to connect with an ESD agent within 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Might be worth trying before your BAP date if you haven't already spoken with someone who can really review your case details.

I did both types of hearings for the same case (long story). The Brief Adjudicative Proceeding was definitely less stressful for me because I get really nervous on the phone and forget things. With the BAP I could take my time writing everything out and organizing my evidence. But it does take longer to get a decision - took almost 3 weeks for me to hear back. The telephone hearing gave me a decision at the end of the call, which was nice even though I lost that round. One piece of advice: if you go with the BAP, write out a timeline of everything that happened. Like literally "On January 5, 2025, I filed my weekly claim reporting 12 hours as shown in Exhibit A. On January 12, 2025, I received confirmation of this claim as shown in Exhibit B." Makes it super clear and easy for them to follow.

Has anyone mentioned the burden of proof yet? In BAP hearings (and regular appeals too), the burden is on ESD to prove you were overpaid, not on you to prove you weren't. Make sure to emphasize that in your written statement if you go the BAP route. Don't just defend yourself - directly challenge whether they've met their burden of proof with actual evidence (not just their system assumptions).

UPDATE - I just wanted to share that I got my BAP decision today and ESD has COMPLETELY dropped the overpayment!!! All that stress for nothing! The review officer specifically said my documentation clearly showed I reported everything correctly. So glad I went with the BAP instead of another phone hearing!