Can't afford ESD overpayment - how to complete hardship waiver form?
I just got an overpayment notice from ESD saying I owe $4,200!! I have no idea how this happened since I thought I filed everything correctly. They're saying I wasn't eligible for some weeks I claimed last year. I literally cannot afford to pay this back - I'm a single parent and barely making ends meet as it is. I heard there's a hardship waiver form but I'm completely lost on how to fill it out or where to even find it. Has anyone gone through this process? I'm panicking because they mentioned something about collections if I don't respond within 30 days. Any advice would be SO appreciated!
18 comments
CosmicCaptain
Yes, you can request an overpayment waiver based on financial hardship. The form is called the "Overpayment Waiver Application" and you can find it on the ESD website under Forms, or directly request it through your eServices account. When filling it out, you'll need to: 1. Provide detailed financial information (income, expenses, assets) 2. Explain why repayment would cause financial hardship 3. Include supporting documentation (bank statements, bills, etc.) Make sure to submit it within the 30-day timeframe. While waiting for a decision, you can also set up a minimal payment plan to show good faith. This doesn't guarantee approval but helps your case.
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Emma Davis
•Thank you so much! Do you know if I need to include ALL of my bank statements or just current ones? And should I be setting up that payment plan through eServices or do I need to call someone? I'm worried they'll take the full amount if I contact them.
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Malik Johnson
i had this happen 2 me last yr except mine was $5800!!! the system is so broken, they make u jump thru hoops. dont bother with the online stuff, its impossible to figure out. just keep calling them until u get thru
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Emma Davis
•Ugh, I've been trying to call for 3 days straight and can't get through! Did you eventually get your overpayment waived? How long did it take?
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Isabella Ferreira
This happened to me earlier this year. The hardship waiver saved me when I couldn't afford to pay back my overpayment. You need to be EXTREMELY detailed about your financial situation - they scrutinize everything. Make sure to include: - All monthly expenses (rent/mortgage, utilities, food, childcare, medical, transportation) - ALL sources of income - Any public assistance you receive - Family size and dependents - Any special circumstances (medical issues, disabilities, etc.) I also wrote a personal letter explaining my situation and why I couldn't pay. My waiver was approved after about 6 weeks. Don't give up!
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Emma Davis
•Thanks for the detailed advice! Did you have to submit the waiver by mail or could you upload it through eServices? Also, did they stop collection activities while they were reviewing your application?
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Ravi Sharma
Getting through to ESD by phone is practically impossible these days. I'd strongly recommend using Claimyr (claimyr.com) - it's a service that helps you get through to an ESD agent without waiting for hours. I was skeptical at first but it saved me so much frustration when dealing with my overpayment situation. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent I got was able to explain exactly which documents I needed for the hardship waiver and even put notes in my account about my pending waiver application.
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Freya Thomsen
•is that service legit??? seems sketchy to use a third party when dealing with unemployment stuff
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Omar Zaki
The hardship waiver can definitely help in your situation, but be aware that the approval criteria are quite strict. ESD will evaluate if repayment would cause "substantial financial hardship" based on your total financial picture. They'll want to see that your basic living expenses exceed or nearly exhaust your income. An important tip: If they initially deny your waiver, you have the right to appeal that decision! Many people give up after the first denial, but appeals are often successful if you provide additional documentation or clarify your financial situation. One thing to note - if they determine the overpayment was due to fraud (which doesn't sound like your case), the waiver option isn't available. But for non-fraud overpayments, you definitely have a chance at getting it waived.
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Emma Davis
•This is really helpful info, thank you! They didn't mention fraud in the letter so I think I'm in the non-fraud category. How detailed do the expense breakdowns need to be? Like should I be listing every subscription service or just main categories?
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AstroAce
just be careful cause even if u file the waver they can still take ur tax refund!!! happened to my brother even tho he had the waiver pending. total bs how they treat ppl
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Omar Zaki
•That's correct about tax refunds unfortunately. To prevent this, you need to specifically request that they pause collection activities while your waiver is being processed. Get this confirmation in writing if possible. If they've already intercepted a tax refund and your waiver is later approved, you can request a refund of the intercepted amount, but it's a separate process.
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CosmicCaptain
Make sure to keep detailed records of all your communications with ESD about this matter. Document when you called, who you spoke with, and what was discussed. If you submit your waiver online, take screenshots of the confirmation page. If by mail, send it certified with return receipt. Also, if you're truly in a dire financial situation, mention in your application that you're willing to provide additional documentation if needed rather than having your application rejected outright. This shows you're acting in good faith. Finally, while your waiver is pending, you might want to request a payment plan with a very small monthly payment that you can afford ($25-50/month). This shows good faith effort while not causing additional financial strain.
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Emma Davis
•Thank you for this advice! I'll definitely keep detailed records. Do you know if it's better to fax the form or mail it? I've heard some people saying their mailed documents got lost.
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Isabella Ferreira
Update us when you get this resolved! So many people are dealing with overpayments right now, it would really help to know how the process went for you. Sending positive thoughts - I know how stressful this can be.
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Emma Davis
•I definitely will update! It's so stressful not knowing if I'll be on the hook for money I absolutely don't have. Thanks for the support - means a lot right now.
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Freya Thomsen
i think alot of people r getting these overpayment notices lately... saw like 3 other posts about it this week. seems like ESD is doing some kinda audit or something??
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Omar Zaki
•You're right - ESD recently implemented a new audit system that's flagging claims from the past 2 years. They're particularly looking at eligibility issues that might have been overlooked initially. It's creating a huge backlog of overpayment cases, which is why their phone lines are constantly jammed and why waiver processing is taking longer than usual.
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