ESD appeal advice for wrongly reporting retirement pay - can we win after missing response deadline?
I'm seeking advice about my daughter's unemployment situation. She accidentally checked 'yes' on the retirement pay question when filing her weekly claim (she doesn't receive any retirement). ESD sent her a questionnaire letter about this, but unfortunately the deadline passed before she could respond. Now she's been denied benefits with an overpayment notice. We're planning to file an appeal explaining it was just a mistake when answering the weekly claim questions. Has anyone successfully appealed a similar situation after missing the initial response deadline? What are her chances of winning this appeal? This is causing her a lot of stress since she really needs these benefits.
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Darren Brooks
Yes, she absolutely can and should appeal! This is actually a fairly common mistake people make. The appeal process is designed specifically for correcting these kinds of errors. When she files the appeal, she needs to clearly explain it was an unintentional error, that she receives NO retirement income, and provide any documentation that might help prove this (like her tax records). The fact that she missed the questionnaire deadline isn't ideal, but the appeal hearing gives her a fresh opportunity to present her case. Make sure she files the appeal within 30 days of the denial notice!
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Cynthia Love
•Thank you so much! That's a relief to hear. The denial letter arrived yesterday so we still have plenty of time to file the appeal. Should she mention anything specific about why she missed the questionnaire deadline? She never saw it because it went to an old address.
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Rosie Harper
The exact same thing happn to me last year!!! I checked the wrong box about school attendance and didnt get the letter til after the deadline (my mail is always messed up). I appealed and WON but it took over 2 months to get resolved. Just make sure she does NOT miss the appeal deadline or she's tottally screwed. It stresses me out just thinking about it again!!
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Elliott luviBorBatman
•2 months?! That's ridiculous! The system is designed to make ppl give up. I waited 3.5 months for my appeal hearing and nearly lost my apartment. ESD needs to fix their broken system instead of punishing honest people for simple mistakes. Their questions are DELIBERATELY confusing.
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Demi Hall
I help people with ESD appeals professionally, and this is definitely something that can be overturned on appeal. When your daughter files the appeal, she should: 1. Clearly state it was an accidental misreporting 2. Explain why she missed the deadline (mail issues, didn't receive it, etc.) 3. Provide any evidence she doesn't receive retirement (might not be necessary, but helpful) 4. Request that the overpayment be waived Make sure she continues filing weekly claims during the appeal process! Many people stop filing while appealing, which can cause more problems.
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Cynthia Love
•This is extremely helpful information, thank you! She hasn't filed any weekly claims since getting the denial notice because she thought she couldn't. I'll tell her to start doing that right away.
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Mateusius Townsend
good luck gettin thru to ESD on the phone tho... took me 78 calls just to talk to someone about my appeal!
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Kara Yoshida
•Have you tried Claimyr? It got me through to an actual ESD agent in about 20 minutes after I spent days trying to call myself. Saved my sanity during my appeal process. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Their website is claimyr.com - definitely worth checking out if you're struggling to get through to ESD.
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Philip Cowan
My cousin had almost identical situation last month!! She accidentally said she was on vacation when she wasnt. Appeal hearing was actually pretty easy and judge was understanding once she explained. I went with her for moral support. Just make sure ur daughter has her facts straight and isnt nervous. The judge will ask questions about why she missed deadline too.
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Cynthia Love
•That's reassuring! Was your cousin able to get her benefits backdated for the weeks that were initially denied? My daughter is worried about the missed payments during this whole process.
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Demi Hall
One more important thing - when your daughter has her appeal hearing (which will likely be by phone), she should: 1. Be very organized with dates and facts 2. Speak clearly and calmly 3. Answer only what is asked, don't volunteer extra information 4. If she doesn't know something, just say "I don't know" rather than guessing 5. Explain simply that it was a mistake clicking the wrong box, not an attempt to claim benefits inappropriately The Administrative Law Judges generally understand honest mistakes happen, especially with the confusing weekly claim questions.
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Rosie Harper
•THIS!!! The judge asked me like 50 questions and I started rambling and it almost hurt my case. Just answer exactly what they ask!!!
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Elliott luviBorBatman
The whole system is ridiculous. ESD makes their questions intentionally confusing so people make mistakes, then punishes them for honest errors. I've seen so many cases where people check the wrong box accidentally and then get hit with "fraud" accusations. Why don't they have a simple verification process before jumping straight to denial and overpayment?! It's not like retirement income is a secret - they could easily verify this information with other government agencies! The entire UI system is designed to deny benefits rather than help people who actually need assistance.
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Darren Brooks
•While I understand your frustration, I don't think it's intentionally designed to trick people. The questions do need to be clearer though. For anyone reading this thread who's filing weekly claims, always double-check your answers before submitting, especially for the questions about: - Work and earnings - Retirement pay - School attendance - Availability for work - Ability to work These are the areas where most accidental reporting errors happen.
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