ESD claiming $4,800 overpayment for standby benefits - help fighting this!
I'm completely freaking out right now. Just got a letter from ESD saying I was overpaid $4,800 during the two months I was on standby last winter. My employer literally had no work for me (construction industry) and THEY were the ones who approved my standby status! Now ESD is claiming my income was "too high" for the benefits I received, but I reported EVERYTHING accurately on my weekly claims. I already filed an appeal when I got the first notice, but just received the decision letter and they DENIED it! I can't afford to pay back nearly $5k that I used for rent and bills when I wasn't working! I've tried calling ESD about 30 times but either get disconnected or stuck in an automated loop. Their eServices message system is useless - I sent 3 messages with no response. Has anyone successfully fought an overpayment like this? Is there any way to actually talk to a real person? Should I request a hearing with OAH? I'm really stressed about this piling up interest or affecting my credit.
17 comments
Join the conversation
Beth Ford
omg this happened to my boyfriend last year!!! ESD said he owed like $3300 for standby benefits from when his restaurant closed temporarily. he appealed twice and got rejected both times. ended up having to set up a payment plan. the whole system is so messed up
0 coins
Atticus Domingo
•That's so discouraging to hear... Did they ever explain WHY he was supposedly overpaid? Did he try requesting a formal hearing with OAH?
0 coins
Morita Montoya
You definitely need to request a hearing with the Office of Administrative Hearings (OAH). You only have 30 days from the date on your appeal denial letter to do this. Make sure you gather all documentation showing: 1. Your employer's approval of your standby status 2. All income you reported during those weeks 3. Any communication with your employer about the lack of work 4. Your weekly claim confirmations At the hearing, you'll need to clearly explain why you believe the determination is incorrect. Be very specific about dates and amounts.
0 coins
Atticus Domingo
•Thank you for this advice. The denial letter is dated April 12, so I still have some time to request the hearing. Do you know if I need a lawyer for the OAH hearing? I'm worried about representing myself against ESD.
0 coins
Kingston Bellamy
Have you tried using Claimyr to get through to an actual ESD agent? After spending weeks trying to reach someone about my adjudication issue, I finally used their service and got connected to a real person in about 20 minutes. It was seriously worth it just to get answers instead of automated messages. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with actually explained exactly what happened with my claim and helped me understand what documentation I needed for my appeal.
0 coins
Joy Olmedo
•is that service legit? ive never heard of it before. seems sketchy that you have to pay just to talk to unemployment
0 coins
Kingston Bellamy
•It's definitely legit. I was skeptical too, but I was desperate after trying for 3 weeks to get through. Their website (claimyr.com) explains exactly how it works. They basically keep calling ESD for you using their system until they get through, then connect you. Saved me hours of frustration.
0 coins
Isaiah Cross
this is why i dont trust esd!!! they WANT you to make mistakes on claims so they can take money back. happened to me twice now. standby is especially confusing because the rules keep changing.
0 coins
Kiara Greene
•That's not entirely accurate. ESD doesn't profit from overpayments. The confusion usually comes from misunderstandings about eligibility requirements or reporting errors. Standby status has specific earnings limitations - if you earn over a certain threshold during standby, it can affect your eligibility. The key is understanding exactly which rule ESD is claiming was violated.
0 coins
Kiara Greene
Based on your situation, it sounds like this might be an issue with standby income limits. In 2025, if your earnings during standby exceed 1.5 times your weekly benefit amount over a rolling 4-week period, you can lose eligibility. For example, if your weekly benefit amount was $800, you couldn't earn more than $1,200 in a week while on standby, and your total for any 4-week period couldn't exceed $4,800. I'd recommend requesting a detailed breakdown of the overpayment calculation from ESD. You need to understand EXACTLY why they're saying you were ineligible. Then request a hearing with OAH and come prepared with all your income documentation and a clear explanation of why their calculation is incorrect.
0 coins
Atticus Domingo
•That's really helpful information. My weekly benefit was $865, and I did pick up some side work during those weeks but reported all of it. I think I may have misunderstood how the 1.5x rule worked across multiple weeks. I'll definitely request the breakdown.
0 coins
Kiara Greene
•Glad I could help. One more thing - make sure you request a payment plan right away even while you're appealing. This shows good faith and can prevent collections actions while you go through the hearing process. If you win your appeal, any payments you've made will be refunded.
0 coins
Evelyn Kelly
I hate to say it, but ESD rarely reverses overpayment decisions. I fought one for 6 months, went through two hearings, and still had to pay everything back. The judges at OAH seem to always side with ESD. It's honestly rigged against us.
0 coins
Morita Montoya
•That hasn't been my experience. I've represented clients in OAH hearings where we successfully overturned ESD decisions. The key is being extremely prepared with documentation and understanding exactly which regulation ESD is using to claim the overpayment. The judges follow the law - you just need to show ESD misapplied it in your case.
0 coins
Atticus Domingo
Update: I finally got through to someone at ESD! Turns out they're saying that because I did some gig work during weeks 3-6 of my claim, my combined income exceeded their threshold, which made me ineligible for standby for those specific weeks. The agent explained I needed to submit proof that my employer still had me on standby despite the extra income. I'm gathering emails from my boss now and will be requesting a formal hearing. Thanks everyone for the advice!
0 coins
Beth Ford
•nice! how did u actually get through to them? i need to call about my claim too
0 coins
Atticus Domingo
•Honestly, I used that Claimyr service someone mentioned above. I was skeptical but desperate after weeks of trying. Got connected to an agent in about 30 minutes. Expensive but worth it just to finally understand what's happening with my claim.
0 coins