Can I apply for an ESD overpayment waiver while appealing an OAH decision?

Unfortunately, what you heard is generally correct. When you appeal an OAH decision to the Commissioner's Review Office, ESD typically won't process a waiver application until the appeal process is completely resolved. The rationale is that they don't want to waive a debt that might be overturned anyway. You essentially have two options: 1) Continue with the appeal and wait to apply for a waiver if the appeal fails 2) Withdraw your appeal and apply for the waiver immediately It's a tough choice. If you're confident in your appeal, it might be worth continuing. But if your financial situation is dire and the waiver seems more likely to succeed than the appeal, you might consider the second option. Whatever you decide, make sure to keep documenting your financial hardship situation with actual evidence (bank statements, bills, eviction notices, etc). This will be crucial for a waiver application.

went thru same thing last year!! its total BS that they make u choose between appeal or waiver. i ended up dropping my appeal and applying 4 waiver cuz i was about to be evicted. got approved after like 6 weeks but had to provide tons of financial docs. hope that helps

This situation is frustrating but there's actually a somewhat-hidden third option. You can request that ESD pause collection activities during your appeal based on financial hardship without formally applying for a waiver yet. You'll need to contact the Collections Unit (different from the regular claims center) and provide documentation of your hardship. I've seen this work for clients where they get a temporary pause on collections while keeping their appeal active. Then if the appeal fails, they immediately apply for the waiver with all documentation ready. The direct collections number is extremely hard to reach though. They're even worse than the regular ESD phone line.

I dont think the other commenters are 100% right. My sister-in-law applied for a waiver DURING her appeal last year and got approved for the waiver first! The appeal became moot at that point so she withdrew it. So it IS possible! But I think it depends on which ESD agent handles your case and if they know the rules correctly. Some of them make up rules as they go TBH.

The official ESD policy technically doesn't prohibit simultaneous appeal and waiver applications, but in PRACTICE they almost always refuse to process waivers during appeals. I think this is an administrative convenience for them rather than an actual legal requirement. If I were in your situation, I'd consider these factors: - How strong is your appeal case? Be brutally honest. - How dire is your financial situation? Can you survive the months it takes for Commissioner Review? - What's the basis for your overpayment? Some types are more readily waived than others. Statistically, Commissioner Reviews uphold about 80% of OAH decisions, so the odds aren't great there. If your financial situation is truly dire, the waiver might be your best practical option even if the overpayment decision was unfair. I've helped many people document financial hardship for waivers. They look at: income, assets, expenses, dependents, medical situations, and employment prospects. Start gathering ALL financial documents now.

OMG the ESD system is such a mess!! they say one thing then do another. last time i called i got 3 different answers from 3 different people about the SAME QUESTION!!! 🤬 btw have u considered bankruptcy? if u have other debts 2 it might be worth looking into. my cousin did that and got rid of her ESD overpayment plus credit card debt.

I'm dealing with something similar right now. The waiver paperwork is pretty extensive - took me nearly a week to gather everything they asked for (bank statements, bills, pay stubs, etc). Whatever you decide, start collecting all your financial documents NOW so you're ready. Also important: if you withdraw your appeal to apply for a waiver, get confirmation IN WRITING that your waiver application will be processed. I've heard horror stories of people withdrawing appeals based on verbal promises that weren't kept.

After reading through all these comments, I'd suggest one more thing: check if you qualify for free legal help through the Unemployment Law Project (unemploymentlawproject.org). They can give you personalized advice about your specific situation and might be able to help navigate this appeal vs. waiver dilemma. Also, document EVERYTHING. Keep records of all communications with ESD, take screenshots of your eServices account, and save copies of all documents you submit. If you speak with someone on the phone, write down their name, ID number, date, time, and what they told you. The system is complex and contradictory at times, so having detailed records can make a huge difference if there are disputes later.