Confused about ESD overpayment waiver - do I pay or get money back?

The waiver is about money that ESD says you owe them (an overpayment). They're essentially offering you a way to request that you DON'T have to pay back that $4,650. The overpayment probably happened because ESD initially approved your benefits but later determined you weren't eligible for some reason, or they paid you too much. \n\nBy applying for the waiver, you're asking them to forgive that debt because repaying it would cause you financial hardship or because it would be against 'equity and good conscience' (meaning it would be unfair to make you repay it).\n\nYou should definitely complete the waiver application if you can't afford to repay the money or if you believe the overpayment wasn't your fault.

Omg thank you! This makes so much more sense now. So they're saying I owe them $4,650 but I can possibly get out of paying it back if I fill out this waiver thing? I don't remember ever getting a notice that I owed money in the first place! Do you know how long I have to complete this waiver? I'm definitely going to do it since I absolutely cannot afford to pay that back right now.

It's a form to ask ESD to forgive an overpayment (money they say you owe them). You need to fill it out and provide evidence of financial hardship or explain why it would be unfair to make you repay. The $4,650 is what they think you owe them. YOU NEED TO ACT FAST!!! They only give you like 30 days from the date on the letter to submit the waiver. If you don't do it, they'll start collection actions, which could include garnishing wages or taking tax refunds!!!

30 DAYS?? The letter is dated June 8th so I need to get on this immediately! What kind of evidence should I include? I'm barely making rent as it is.

I went through this exact situation last month. The overpayment waiver is your chance to ask ESD to forgive the debt they claim you owe them. In my case, they said I was overpaid $3,200 because I supposedly didn't report some income (I did, but whatever).\n\nFor the waiver, I had to fill out their form explaining why repayment would cause financial hardship. I included copies of my bank statements, bills, pay stubs, and a written statement about my situation. They approved my waiver in about 3 weeks.\n\nDon't ignore this! Getting approved for a waiver means you don't have to pay back that $4,650.

Thank you for sharing your experience! That's really helpful. Did you mail in your documents or upload them through the ESD website? I'm not very tech savvy and worried about doing this wrong.

its a form 2 ask them to not make u pay back money they think u got by mistake. had this happen 2 me 2. the 4650 is what they say u owe. u just gotta explain why u cant pay it or why its not fair to make u pay. if u dont do the waiver they can take money from ur paychecks or tax refund

Thanks for explaining! I definitely need to get this waiver done ASAP.

When I had an overpayment issue with ESD, I spent WEEKS trying to get through to someone. Busy signals, disconnects, waiting on hold for hours only to get hung up on. It was ridiculous. I finally used this service called Claimyr (claimyr.com) that got me through to an actual ESD agent in under 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was the only way I could get actual answers about my overpayment waiver situation. Might be worth checking out if you need to talk to someone at ESD directly about your specific situation.

Thank you for the tip! I might try this if I can't figure out the paperwork myself. I really need to talk to someone who can explain exactly what documentation I need to include.

I'm an unemployment advocate and can clarify this for you. An overpayment waiver request is used when:\n\n1. ESD has determined you received benefits you weren't entitled to ($4,650 in your case)\n2. You're requesting that ESD forgive this debt due to financial hardship OR because you received the overpayment through no fault of your own\n\nTo complete the waiver, you'll need to:\n- Fill out all sections of the form completely\n- Provide documentation of your financial situation (bank statements, bills, rent/mortgage, etc.)\n- Explain why repayment would cause financial hardship\n- Submit everything before the deadline (typically 30 days from the date on the notice)\n\nIf approved, you won't have to repay the $4,650. If denied, you can appeal the decision. Don't ignore this - ESD has strong collection powers including wage garnishment and tax refund intercepts.

This is incredibly helpful, thank you! One more question - the form mentions something about

I was in a similar situation last year but never filled out the waiver because I thought it was some kind of scam. BIG MISTAKE!!! They started taking money from my paychecks and it was a nightmare to fix. Don't be like me! Fill out that waiver ASAP!!!

Oh that sounds awful! I'm definitely going to submit this waiver right away. I can't afford any garnishments.

Regarding your question about

Thank you so much for breaking this down! I think this might apply to me because I did report everything correctly. I'll make sure to address both standards in my waiver request.

The ESD overpayment waiver situation is completely broken! I filled out all the paperwork correctly, provided all the evidence they asked for showing I couldn't afford to pay back, and they STILL denied my waiver request for no good reason! Then I had to go through a whole appeal process which took MONTHS. The entire system is designed to confuse people and take advantage of them. Good luck getting a straight answer from anyone there!

I'm sorry that happened to you. That's exactly what I'm worried about. Did you eventually get your waiver approved after the appeal?

Yes, I eventually got it approved after the appeal, but only because I got a pro bono attorney through the Unemployment Law Project to help me. The appeal hearing was intimidating - they had an ESD representative arguing against me! If you can, try to get legal help with this. The whole process is stressful and unnecessarily complicated.

The Unemployment Law Project is an excellent resource! I should have mentioned them earlier. They provide free legal assistance to people with unemployment issues, including overpayment waivers. Definitely worth contacting them for help with your waiver request - they know exactly what ESD is looking for and how to present your case effectively.