ESD demanding $5,700 overpayment after 8 months - can't afford to pay it back!
Just got a letter from ESD saying I was overpaid by $5,700 during my unemployment last year and now I have 30 days to pay it all back. I'm absolutely devastated. They took 8 MONTHS to decide this but expect me to come up with thousands in 30 days?! The letter claims I 'failed to report earnings' but I reported EVERY SINGLE CENT from my part-time gig correctly each week. I even double-checked my numbers each time because I was paranoid about making mistakes. The money is long gone - used for rent, utilities, food, and my kid's medical bills while I was searching for full-time work. I finally found a decent job 2 months ago but I'm still playing catch-up on bills from being unemployed. There's no way I can pay this back. Has anyone successfully fought an overpayment notice? I'm panicking and don't know what to do.
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Katherine Harris
this happened to me too!! esd is so messed up... they hit me with a $3200 overpayment out of nowhere. Said i didnt qualify for standby status even tho they APPROVED IT at the time. like how was i supposed to know if they approved it wrong?? its insane. i filed an appeal and am waiting for a hearing date. the whole system is designed to wear u down until u just pay them even when its their mistake
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Sophia Clark
•Did you have to pay a lawyer for your appeal? I'm already broke and scared about making things worse if I fight it and lose. How long have you been waiting for your hearing?
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Madison Allen
You absolutely can and should appeal this overpayment notice. You have 30 days from the date on the letter to file your appeal. Here's what you need to do: 1. Go to your eServices account and click on the "Appeals" option 2. Upload any documentation that proves you reported your earnings correctly (screenshots of weekly claims, pay stubs, etc.) 3. Write a clear explanation of why you believe the overpayment is incorrect Even if you can't prove they're wrong, you can request a waiver based on financial hardship. If paying back would cause significant financial difficulties (which it sounds like it would), make that clear in your appeal. Also, call ESD to request a more detailed breakdown of exactly which weeks they believe you were overpaid and why. This will help you prepare better evidence for your appeal.
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Sophia Clark
•Thank you for these steps. I'll definitely appeal. I've been trying to call ESD for three days but keep getting the 'high call volume' message and disconnected. Is there any trick to actually getting through to a real person?
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Joshua Wood
I had the same issue last year with a $4,200 overpayment notice. After trying to call ESD for weeks with no luck, I found a service called Claimyr (claimyr.com) that got me through to an ESD agent in about 30 minutes. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I actually spoke with someone, they reviewed my file and found that the overpayment was due to an error on THEIR end - they had incorrectly entered my part-time hours. The agent helped me file an appeal right over the phone and the overpayment was canceled after my hearing. Definitely worth fighting this!
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Sophia Clark
•Omg thank you for this! I'm going to check out Claimyr right now. I really need to talk to someone at ESD to understand why they think I made a mistake when I'm 100% sure I reported everything correctly.
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Justin Evans
dont give up! esd dos this to scare ppl into paying. they sent me a $2800 overpayment bill last year and i just ignored it cuz i KNEW i didnt do anything wrong. got a bunch more scary letters but finally got a notice saying they reviewed my case again and found no overpayment lol. the whole thing is a joke honestly
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Emily Parker
•Please don't give this advice. Ignoring overpayment notices can lead to automatic wage garnishment, tax refund interception, and additional penalties. The proper approach is to file a formal appeal within the 30-day window while continuing to communicate with ESD throughout the process.
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Ezra Collins
When you file your appeal, be sure to request a "payment plan" in the meantime. Even if you're fighting the overpayment, setting up a minimal payment plan (like $25/month) shows good faith and prevents them from taking more aggressive collection actions while your appeal is pending. It also stops the interest from accruing in most cases. Also important: If your appeal is deniedby the Administrative Law Judge, you can appeal AGAIN to the Commissioner's Review Office within 30 days. Many people give up after the first appeal, but I've seen several cases won at the Commissioner level.
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Sophia Clark
•This is really helpful - I had no idea about the payment plan option or that there's a second level of appeal. I'll definitely include the payment plan request in my appeal. Does anyone know if they typically approve small monthly payments like $50-100? That's realistically all I could manage right now.
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Victoria Scott
They did the same thing to my cousin and she almost had a nervous breakdown over it!! ESD is THE WORST agency ever!! They make "mistakes" all the time and WE suffer the consequences!! Its criminal what they do to hard working people!!!
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Madison Allen
•While I understand your frustration, it's important to recognize that ESD processes thousands of claims weekly, and most are handled correctly. When errors occur, there are established appeals processes to address them. I'd encourage your cousin to go through the proper channels rather than giving up - many overpayment decisions are reversed on appeal when proper documentation is provided.
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Emily Parker
Make sure to carefully review the "Notice of Overpayment" letter. It should specify exactly which weeks they believe you were overpaid and why. Common reasons include: - Misreported work hours (even small discrepancies) - Employer reporting different earnings than you reported - Retroactive disqualification for a specific eligibility factor - System calculation errors When you appeal, be extremely specific about contesting each week mentioned in the notice. General statements about reporting everything correctly are less effective than addressing each specific week with evidence. Also, if your hearing is scheduled as a phone hearing, make sure to submit ALL your documents at least 3 business days in advance. The judge cannot consider evidence they don't have before the hearing.
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Sophia Clark
•Thank you for this breakdown. The letter mentions weeks in May and June 2024 when I was working part-time at a restaurant. Looking closer, I think they might be counting my tips wrong? I reported tips exactly as shown on my paystubs, but maybe they're using what my employer reported? I'll gather all my paystubs from those months for the appeal.
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Katherine Harris
whatever u do DONT agree to any payment plan until after ur appeal!!!! my friend did that and they used it against her saying she 'acknowledged the debt' or something stupid like that. fight it all the way!!!
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Ezra Collins
•This isn't entirely accurate. Requesting a payment plan doesn't waive your right to appeal the underlying overpayment determination. The appeal and the payment arrangement are separate processes. However, I'd recommend clearly stating in your payment plan request that you're "making payments while contesting the validity of the overpayment" to avoid any confusion.
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Justin Evans
u should call ur state representative too! my boyfriend did that when esd was being impossible and suddenly they fixed everything real quick lol. politicians hate bad press so they usually help
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Sophia Clark
•That's a great idea I wouldn't have thought of! Just looked up my district representatives - I'm going to email all three of them today. At this point I need all the help I can get.
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