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ESD claiming I owe $4,750 in overpayment from 2020 - just got notice after 5 years!

I just got a letter from ESD saying I was overpaid $4,750 during the pandemic and now they want me to pay it all back with interest? I'm completely shocked because this was from early 2020 when I was laid off from my restaurant job. The letter says something about me 'failing to report earnings' but I didn't have any earnings during that time - the restaurant was completely shut down! It also mentions something about 'adjudication determination' and has a bunch of codes I don't understand. How can they come after me almost 5 years later? Is there a statute of limitations on this stuff? I can't afford to pay back that kind of money right now. Has anyone else gotten hit with these surprise overpayment notices from the pandemic era?

Olivia Evans

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Yes, ESD has been sending out a LOT of these notices recently. They have 5 years to assess overpayments, so they're getting them out right before that deadline. You need to appeal this ASAP - you only have 30 days from the date on the letter. Look for the appeal instructions at the bottom of your determination letter. When you appeal, you'll need to explain why you believe you weren't overpaid and provide any documentation you have from that time period (layoff notice, zero income proof, etc.).

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Daniel Price

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Thank you! I had no idea about the 30 day window. The letter is dated April 3rd so I better hurry. Do I need a lawyer for the appeal? And do I have to pay the money while I'm appealing?

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Sophia Bennett

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OMG ME TOO!!!!! just got a letter saying i owe like $3200 from 2020!! this is SUCH bull**** how do they expect anyone to remember details from 5 YEARS ago during a global crisis????? i was literally just trying to survive and now this??? the govmnt always screws the little guy

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Daniel Price

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I know right? Like I barely remember what weeks I even claimed back then. Everything was so chaotic. Did your letter mention anything about failure to report earnings too?

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Aiden Chen

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I got a similar notice last month claiming I had an overpayment of $6,300. What I discovered was they were saying I didn't report some 1099 work I did during one month, but I absolutely DID report it each week. When I appealed and sent them screenshots of my weekly claim confirmations (thank god I saved them!), they reversed the decision pretty quickly. Definitely appeal, but know that the burden of proof is unfortunately on you. You'll need to prove you DIDN'T have earnings, which is harder than proving you did. If you have bank statements from that period showing no deposits except unemployment, that might help.

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Olivia Evans

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This is excellent advice. Documentation is critical in these cases. Also, check if your former employer submitted any quarterly wage reports that might contradict what you're claiming. Sometimes these overpayment notices happen because of employer reporting errors.

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Zoey Bianchi

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have u tried calling them? maybe its just a mistake in their system and they can fix it without making u do the whole appeal thing

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Daniel Price

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I've been trying to call for two days straight but I just get the 'high call volume' message and then it hangs up. It's so frustrating! I can't even get in the queue to talk to someone.

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I've been helping several clients with these pandemic-era overpayment notices. Here's what you need to understand: 1. ESD is conducting mass reviews of pandemic claims before the 5-year statute of limitations expires 2. You need to file your appeal within 30 days - this is NON-NEGOTIABLE 3. During appeal, you can request a "stay" on collection, which means you don't have to pay until it's resolved 4. You should request all records ESD has on your claim through their records request process 5. Look for specific weeks they're claiming overpayment for and focus your defense on those Many of these are system errors or misinterpretations of the pandemic-era rules, which were constantly changing. Don't panic, but do take immediate action on your appeal.

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Daniel Price

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Thank you so much for this detailed explanation! This makes me feel a bit better. I'll definitely request the 'stay' on collection. For the records request - is that something I can do online or do I need to call them?

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Listen, I went through this exact same nightmare scenario back in January. Got a $5,200 overpayment notice out of nowhere. I spent WEEKS trying to get through to ESD with no luck - constant busy signals, disconnects, and never getting past the automated system. Then I found this service called Claimyr (claimyr.com) that got me through to an actual ESD agent in about 25 minutes. They have this system that basically waits on hold for you and calls when an agent is available. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent was actually really helpful once I got through and explained that there was an employer reporting error. They put a hold on my case while they investigated. Still dealing with it, but at least I'm not getting collection notices now.

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Sophia Bennett

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does this really work?? i've been trying to call for like a week straight and can't get thru AT ALL

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Yeah it actually worked for me. I was super skeptical but desperate after trying for days. The key thing is that once you DO get through to an agent, be super prepared with all your info and case number because you don't want to waste the opportunity.

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Grace Johnson

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When I worked as a server back in 2019-2020, I had something similar happen. It turned out my restaurant had reported that they paid me for 2 weeks of training in March 2020 when they actually hadn't (they closed before I ever started). The ESD system automatically flagged it as unreported income. The appeals process is actually pretty straightforward. You basically write a letter explaining your situation and send in any proof you have. I won my appeal because the restaurant owner confirmed I never actually worked or got paid. Don't stress too much - a lot of these are automated system flags that a human can easily fix.

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Daniel Price

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That sounds exactly like what might have happened to me! Our restaurant was supposed to reopen in April 2020 but then didn't until much later. I wonder if they reported something wrong. How long did your appeal process take from start to finish?

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Grace Johnson

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My appeal took about 7 weeks total. There was a phone hearing where I explained my side, then they contacted my employer, then I got the decision letter. Just make sure you keep checking your ESD online account because sometimes they send notices there that don't come in the mail.

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Jayden Reed

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My cousin's wife's brother got one of these notices for $12,000! She said he had to set up a payment plan for like $50/month for basically the rest of his life lol. The whole unemployment system is a scam if you ask me. They give you money when you're desperate then come back years later saying oops just kidding pay it all back.

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This is actually incorrect information. ESD cannot force someone into a lifetime of payments. There are multiple options including waivers for financial hardship, settlement offers, and even bankruptcy protection in extreme cases. Please be careful about sharing second-hand information that might unnecessarily scare people.

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Jayden Reed

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whatever man, just sharing what i heard. not everyone can afford fancy lawyers to fight the government.

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Olivia Evans

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One more thing that might help - request a detailed breakdown of exactly WHICH weeks they're claiming overpayment for. The notice should have this info, but sometimes it's not clear. Once you know the specific weeks, check if you can access your old weekly claim certifications in your ESD account history. The system usually keeps these records, though they might be archived. Also, if you file an appeal, you'll automatically get scheduled for a hearing with the Office of Administrative Hearings (OAH). This is actually good because it gives you a chance to explain your situation to a judge who isn't part of ESD.

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Daniel Price

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I just checked my ESD account and I can only see claims from the last 2 years. I guess I'll have to specifically request the older records. Is the hearing in person or over the phone? I'm really nervous about having to go before a judge.

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Olivia Evans

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The hearings are almost always by phone these days. They'll send you instructions with your hearing notice. It's informal - not like a courtroom. The judge (actually called an Administrative Law Judge) will ask you questions about your situation, then make a decision based on the facts and the law. Make sure you attend the hearing, as not showing up almost guarantees you'll lose the appeal.

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Aiden Chen

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One more tip: If your appeal is denied, you can still request a waiver of the overpayment based on financial hardship. There's a specific form for this on the ESD website. They'll look at your current income and expenses to determine if repaying would cause significant hardship. I've seen many pandemic-era overpayments waived this way, especially for people who are still struggling financially.

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Daniel Price

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That's really good to know, thank you! I'm definitely not in a position to pay back $4,750 right now. I'll fight the overpayment claim first, but it's reassuring to know there are options if that doesn't work out.

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