ESD denied my overpayment waiver in appeal packet - how to fight this when unemployed?

don't panic yet, you've only gotten the initial appeal packet which is just the start of the process. ESD always denies the first request for waiver, like automatically. you still get a hearing with an actual judge where you can explain your situation. I went through this last year when they said I owed $3200

The appeal process has multiple stages. What you received is just the formal acknowledgment that your appeal has been filed - it's not a denial of your appeal itself. Here's what happens next: 1. You'll receive a Notice of Hearing with a specific date/time (usually 3-4 weeks out) 2. You'll have a hearing with an Administrative Law Judge from the Office of Administrative Hearings (OAH) 3. During the hearing, bring ALL financial documentation showing hardship - bank statements, bills, debt notices, etc. 4. The judge will issue a decision typically 1-2 weeks after hearing For overpayment waiver appeals, you need to prove that repayment would cause "financial hardship" AND that you weren't at fault for the overpayment. Did you get a determination letter explaining why you were overpaid? That's crucial to address in the hearing.

I had an overpayment for $4,200 last year and went through the whole appeal. Make sure you request the HEARING - thats super important. And when you go to the hearing bring EVERYTHING - all your bills, bank statements, proof you're looking for work, everything. My judge was actually really nice and understood I couldn't pay it back while unemployed.

I've been through this nightmare twice with ESD. You absolutely need to attend the hearing and be prepared to explain why the overpayment wasn't your fault. The key factors that help win these cases are: 1. Proving you followed ESD's instructions as you understood them 2. Documenting any confusing or contradictory guidance you received 3. Demonstrating financial hardship (detailed budget showing inability to pay) In my experience, about 60% of overpayment appeals get at least partially waived if you present your case well. The worst thing you can do is miss the hearing date - that's an automatic loss.

Ugh I went thru this exact thing in February!!! So frustrating!!! I was trying to call ESD for WEEKS and could never get through to explain my situation before my hearing. I was literally calling 50+ times a day and either getting busy signals or disconnected after waiting forever. I finally found this service called Claimyr (claimyr.com) that got me through to an actual ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I was able to talk to an agent who explained exactly what documentation I needed for my hearing. Made a HUGE difference because I was bringing all the wrong stuff initially. They even put notes in my file that I had tried to resolve it.

just don't miss your hearing whatever you do!! I overslept and missed mine and they automatically denied everything and now I'm on a payment plan for $7500 kill me now

One more important thing about overpayment appeals - if your appeal is denied, immediately request a repayment plan based on your financial situation. ESD can't force you to pay more than you can afford each month. They have to consider your basic living expenses. Also, if you're still eligible for unemployment otherwise, you can choose to have future benefits offset the overpayment (usually at 50% of your weekly benefit amount). This way you still get some money while gradually paying it back.

ESD is the absolute WORST!!! They did the same thing to me and then garnished my wages when I finally found a job!!! THE SYSTEM IS RIGGED AGAINST US!!! They make these "mistakes" on purpose to take money back from people who need it most.

I successfully appealed an $8,300 overpayment last year. The key was proving that I made a reasonable effort to comply with ESD's instructions. I brought printouts of all my weekly claim confirmations and highlighted the confusing language that led to my mistake. One suggestion that really helped me: request your complete claim file through a public records request before your hearing. This will show all the notes and communications in your case. I found that an ESD agent had actually noted my confusion about reporting requirements in their system, which supported my case that the error wasn't my fault.

whatever you do dont wait until the last minute!! my freind thought he had more time and his deadline passed and then they started taking money from his tax returns