Can I still get paid on my weekly ESD claim with an existing overpayment balance?

Yes you can keep filing but they'll probably take most of it to pay back what you owe. When I had an overpayment last year they took 50% of each payment until it was paid off. You should call and ask about a payment plan too, sometimes they can lower the amount they take each week.

To give you the correct information: Yes, you can still file weekly claims with an overpayment on your account. According to ESD rules, they will withhold 50% of your weekly benefit amount to recover the overpayment, unless you have a fraud overpayment (which doesn't sound like your case). So if your weekly benefit amount is $500, you would receive $250 each week while the other $250 goes toward your overpayment balance. If the 50% recovery rate would cause you significant financial hardship, you can request a reduction in the recovery rate. You'll need to call ESD and ask about the "Overpayment Recovery Waiver" process and be prepared to provide financial documentation showing hardship.

thats not always true tho. my roommate had an overpayment and they took 100% until it was paid off. depends if they marked it as fraud or not. did ur letter say anything about fraud or misrepresentation??

The previous responses have good information. If your overpayment is non-fraud (doesn't specifically say fraud or willful misrepresentation on the letter), then ESD typically takes 50% of your benefits until the overpayment is recovered. If it's classified as fraud, they can take 100%. If this creates a financial hardship, you have options: 1. Request a hardship reduction in the recovery rate (can go as low as 10% in extreme cases) 2. Request a payment plan for the overpayment 3. In some cases, request a waiver if repayment would be "against equity and good conscience" Make sure to continue filing your weekly claims while you address this issue. Not filing could affect your eligibility for current benefits.

For a hardship reduction, you'll typically need to provide: 1. Your monthly income and expenses (rent/mortgage, utilities, food, medical, etc.) 2. Recent bank statements 3. Documentation of your essential expenses (lease agreement, medical bills, etc.) 4. Any special circumstances (medical conditions, dependents, etc.) Be prepared to explain why the standard 50% recovery rate would cause significant hardship. You'll need to submit this information in writing, usually with a form ESD provides after you request the hardship consideration.

THEY WILL TAKE ALL YOUR MONEY UNTIL ITS PAID!!!!! Happened to me and I was HOMELESS for 3 months!!! ESD doesn't care about people!!!!

When i had an overpayment i called them and explained my situation and they were actually really understanding. I was only paying like $50 a week toward the overpayment. Def worth calling to explain your financial situation.

I'm actually dealing with the EXACT same thing right now! My overpayment was $3,200 from last year when I accidentally reported my hours wrong for a part-time job. I just restarted unemployment last month and they're taking exactly 50% each week. I called and asked about a hardship reduction and they sent me a form to fill out. Still waiting to hear back but the agent said they can reduce it to as low as 10% if you show significant hardship. Definitely worth asking!

I submitted the form about 10 days ago. The ESD agent told me it could take up to 30 days for a decision, but in the meantime they're still taking the full 50%. Hoping to hear something soon because it's really tight financially right now!

also make sure ur still doing all ur job search activities every week even while this overpayment thing is happening. my cousin forgot to do his job searches for two weeks while dealing with an overpayment issue and they disqualified him completely, had to appeal and everything it was a huge mess