ESD demanding repayment for fraudulent COVID claim filed while son was incarcerated - need waiver help!

OMG thats horrible! the esd system is so broken. My brother got hit with a $9k overpayment 2 yrs ago even tho he reported everything correctly!!! Did they send ur son one of those official overpayment notices in the mail? Usually theres instructions about appealing or requesting waivers right on that letter. If he didnt get 1 yet they might still be processing everything.

You need to submit an official overpayment waiver request through your son's eServices account. Log in, go to the overpayment section, and there should be a link for "Request Overpayment Waiver." You'll need to provide: 1. The detailed incarceration records showing exact dates 2. A statement explaining the identity theft situation 3. Any police reports filed about the identity theft 4. Evidence that your son had no qualifying employment history before this 5. Documentation about the deceased person if possible The key here is that this is clearly identity theft, which is different from a normal overpayment situation. Make sure you specifically reference that on the waiver request form. I'd also recommend filing an identity theft report with the FTC at IdentityTheft.gov if you haven't already, as that documentation strengthens your case.

this happens way more than ppl think! its not fair they make HIM responsible when he was LITERALLY IN JAIL! how would he even file claims from there?? the whole system is rigged against regular folks. my cousin had somethign similar happen except it was his ex who filed using his info, they eventually dropped it but took like 8 months of fighting

I handle these cases professionally. Your son needs to request both an overpayment waiver AND file for fraud victim relief: 1. For the waiver, use the eServices portal as mentioned. Under "Manage Payments" then "Overpayments," there's a waiver request option. 2. More importantly, contact the Office of Special Investigations (OSI) at ESD directly at 800-246-9763 and explain this is an identity theft case. Request their specific identity theft paperwork. 3. Submit a written declaration under penalty of perjury stating your son did not file these claims or receive benefits. 4. Since the person who committed the fraud is deceased, provide any evidence of this fact. The standard for waiving fraud overpayments is higher than regular overpayments, but documented identity theft with incarceration records creates a strong case. Don't just apply for a general waiver - you need to specifically address the identity theft aspect through OSI.

Have been trying to reach ESD about overpayment issues for weeks! Their phone lines are impossible - busy signals or disconnects every time. I finally gave up and used Claimyr (claimyr.com) to get through - they got me connected to an actual ESD agent in about 40 minutes when I'd been trying for days on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 For something this complicated with fraud/identity theft, you really need to talk to someone who can look at all the details in the system, not just follow the automated prompts.

Ugh, this makes me SO ANGRY!!! 😠 The ESD system is COMPLETELY BROKEN! They do this ALL THE TIME - punish innocent people while letting actual fraudsters get away with millions. I fought an overpayment for 8 MONTHS last year for a completely different reason, and their system is designed to wear you down until you give up. DON'T GIVE UP! Keep calling, keep documenting EVERYTHING, ask for supervisor names, get case ID numbers for EVERY INTERACTION. The burden of proof should NOT be on your son when he was LITERALLY INCARCERATED and couldn't possibly have filed those claims!

Not the same situation exactly but my roomate had an overpayment they were trying to collect. He requested a waiver because of financial hardship and they approved it pretty fast. Maybe try both approaches - the fraud victim route AND a financial hardship waiver if your son really cant afford to repay?

One more critical piece of advice: When submitting the identity theft documentation to OSI, make absolutely sure your son checks the box to request a "Section 4(c) Waiver" on the fraud documentation form. This specific waiver is for victims of unemployment fraud and can completely remove the overpayment from his record. Also, while this is being resolved, your son should still apply for unemployment if he needs it when his seasonal work ends. During the application, he should disclose the pending fraud case in the comments section. This creates a record that he's being transparent while still asserting his right to legitimate benefits. The waiver has a high approval rate for documented incarceration cases because it's physically impossible for the person to have filed those claims. Make sure to include visitor logs or other documentation that proves he had no access to devices that could have filed claims.