ESD Overpayment Waiver Application - No Response for 2 Months
I applied for an overpayment waiver with ESD back in January after getting hit with a $5,800 bill for benefits they say I shouldn't have received during my layoff from construction work. It's now March and I haven't heard ANYTHING back. The online portal just shows 'pending review' and doesn't give any timeline. I've called at least 15 times but can never get through to anyone who can actually tell me what's happening with my application. Has anyone successfully gotten a response to their waiver application? How long did it take? I'm starting to panic because they sent another letter saying they might garnish my wages if I don't set up a payment plan, but I thought applying for the waiver would pause collections?
18 comments
Katherine Hunter
I applied for a waiver back in November for a $3200 overpayment and just got a response LAST WEEK. So about 4 months total waiting time. And guess what? They only approved a partial waiver of $1800, saying I still owe $1400 because of some earnings calculation they didn't explain well. The whole system is broken!! Don't expect anything quick from them.
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Emma Morales
•4 MONTHS?? That's insane! Did they pause collections while you were waiting at least? I'm worried they'll start garnishing before they even review my application.
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Lucas Parker
The overpayment waiver process typically takes 8-12 weeks for processing, but with current backlogs, many are experiencing longer wait times. A few important points: 1. The waiver application should pause collections, but you need to confirm this by checking your online account or getting written confirmation 2. Document all your call attempts with dates and times 3. Make sure your waiver application included all required financial hardship documentation - missing documents can delay the process 4. If they threaten garnishment while your waiver is pending, you can request a hearing with the Office of Administrative Hearings (OAH) which will further pause collections until resolved
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Emma Morales
•Thanks for this info. I definitely included all my financial docs showing hardship. How do I request this hearing if they move forward with garnishment? The letter doesn't explain that process clearly.
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Donna Cline
i got my overpayment waverd but took like 5 months bro. they sent me letters saying i needed to pay while i was waiting to. kept calling but no answer ever. system is trash lol
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Harper Collins
•Was your waiver approved for the full amount? I'm still waiting on mine (2 months now) and wondering what my chances are. I got hit with a $4,300 overpayment because they say I didn't report some self-employment income correctly, but I swear I did!
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Kelsey Hawkins
Have you tried using Claimyr to reach an actual ESD agent? I was in a similar situation with a $4,200 overpayment waiver that was stuck in limbo for weeks. I discovered this service called Claimyr (claimyr.com) that got me through to an actual agent in about 20 minutes when I'd been trying unsuccessfully for days. The agent was able to check the status of my waiver and tell me exactly what was causing the delay - turns out they needed additional documentation they never told me about. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Definitely worth it to actually talk to someone who can help.
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Emma Morales
•I've never heard of this service before. Did they actually help resolve your issue or just tell you the status? I'm desperate enough to try anything at this point since ESD's phone system just keeps disconnecting me.
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Kelsey Hawkins
@BigFinley94 Using Claimyr just gets you connected to a real ESD agent faster. The agent I spoke with looked up my case and saw it was missing some documentation they needed (which they never bothered to tell me about). I was able to upload it that same day and my waiver was processed within 3 weeks after that. The ESD agent also put notes in my file about the collection attempts while my waiver was pending, which helped stop those notices.
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Katherine Hunter
•I'm always skeptical of these types of services but at this point anything that gets a human on the phone might be worth it. The ESD phone system is literally the worst I've ever dealt with in my LIFE.
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Dylan Fisher
My sister had an overpayment waiver situation last year and she said what really worked was contacting her state representative's office. They have staff who can intervene with ESD directly. Took about 2 weeks after her representative's office got involved for her to get a decision (full waiver in her case). Might be worth trying that route too before paying for services.
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Emma Morales
•That's a great suggestion, I hadn't thought of contacting my rep. Do you know if she just called their office or did she have to fill out some kind of form?
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Edwards Hugo
I received a decision on my waiver after about 12 weeks. Here's what I learned from my experience: - The automated system won't show much progress until a decision is actually made - Despite what they say, collections activities don't always pause automatically - If you get a collection notice while your waiver is pending, call immediately and reference your waiver application number - If your waiver is denied, you have 30 days to appeal (mine was partially approved) - Make sure all your contact information is updated in the system Also, overpayment waivers are evaluated based on whether the overpayment was your fault AND whether repayment would cause financial hardship. You need to prove both elements for a full waiver. Check your original determination letter to understand why they say an overpayment occurred.
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Emma Morales
•This is really helpful detail. The overpayment was definitely not my fault - they initially approved my benefits then a year later said I was ineligible for a 6-week period due to some technical issue with my employer's response. I documented all my financial hardship with bank statements showing I'm barely making ends meet. Fingers crossed.
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Donna Cline
did u check your spam folder? my friend got his waiver response there not in regular email lol ESD is weird
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Emma Morales
•Just checked spam and nothing there. I've been checking my regular mail too since they usually send important stuff that way. Nothing yet.
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Lucas Parker
One important thing to note - if you've been making regular weekly claims during this period, double-check that those aren't being applied to your overpayment balance automatically. Sometimes ESD will apply current benefits to past overpayments unless you specifically request they don't during the waiver process. This can happen even when collections are supposedly paused.
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Emma Morales
•I haven't been claiming benefits recently since I found work in February, but that's good to know if I need to file again in the future. Thanks for the heads up!
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