ESD denied my appeal due to late filing - overpayment for April-June 2020 when I only had UI income

Thanks for the quick response. I looked at the original notice again and you're right - it seems they were asking for verification of some 1099 work I did in March 2020 (right before layoff). I reported that income when I initially applied but never got a request for documentation until much later. The judge said I should have had mail forwarding set up, but my overseas job came up suddenly and I wasn't organized enough to think of that.

While I understand your frustration, it's not entirely rigged. The appeal deadlines are published in every determination notice, and ESD does allow for good cause exceptions. The key is properly documenting why you couldn't respond in time. I'd recommend both you and the original poster look into filing a petition for waiver of the overpayment - ESD can waive repayment if it wasn't your fault and repaying would cause financial hardship.

If you're still struggling to reach ESD by phone, I'd recommend trying Claimyr. I was in the same boat with constant disconnects and hours of waiting. The service connects you directly to an ESD agent without the typical wait. It saved me so much frustration! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was honestly worth it to finally talk to a real person who could explain my overpayment situation.

I've seen successful Commissioner's Review appeals, but they typically require new evidence or a clear legal error by the ALJ. Based on what you've described, you might have better luck applying for an overpayment waiver instead of continuing the appeal process. For a waiver, you'll need to prove: 1) The overpayment wasn't your fault, and 2) Repayment would cause financial hardship. Gather documentation of your income, expenses, and the circumstances of your overseas work to support both points. If a waiver isn't approved, ESD offers payment plans as low as $25/month depending on your financial situation.

This is excellent advice. Your state representatives and senators have constituent services staff who can often cut through red tape with state agencies. Another option is filing a complaint with the state ombuds office for ESD. They can review your case and sometimes intervene if procedures weren't properly followed. Document everything - dates of calls, letters received, and any communications with ESD. This documentation will be helpful for both the waiver application and if you need intervention from elected officials.

Actually, both federal and state laws require keeping tax records for at least 3 years, and unemployment documentation for 5-7 years specifically because audits and verification can happen years later. ESD doesn't automatically have access to IRS records - they can request them in some cases, but the burden of proof for UI eligibility is on the claimant. That's why it's so important to keep all documentation related to unemployment claims, including income verification, separation notices, and communications from ESD. Digital copies stored in cloud storage are acceptable and make long-term record keeping easier.

This is *never* a good idea. ESD has significant collection powers as a state agency. They can: 1) Garnish your wages up to 25% of disposable earnings, 2) Seize tax refunds, 3) Place liens on property, 4) Refer to collections which damages credit, 5) Add substantial interest and penalties to the original amount. Additionally, if they determine the overpayment was due to misrepresentation, they can assess a 40% penalty and possibly pursue fraud charges in severe cases. Always respond to overpayment notices and work out a solution, even if it's just a minimal payment plan.

I think I misunderstood the original notice. Looking at everything again, they were questioning some 1099 work I did right before COVID layoffs. I reported it on my initial application but apparently they needed documentation of exactly how much I earned in the weeks before my layoff. Since I missed the deadline to provide that, they're assuming I reported incorrectly and calculating an overpayment based on that assumption. At least that's what I'm gathering from all the paperwork.

Thank you for this detailed information. I definitely meet the financial hardship criteria, as I'm currently working part-time while studying. I'll make sure to document everything thoroughly. Is there a deadline for requesting a waiver? I don't want to miss another important timeline.