ESD denied training benefits and now I owe huge overpayment - appeal options?

You absolutely need to appeal this decision! You have 30 days from the date on your denial letter to file an appeal with the Office of Administrative Hearings (OAH). The fact that ESD initially found you eligible for UI benefits after your separation is a positive factor in your case.\n\nRegarding training benefits, there seems to be a misunderstanding. When you enroll in school while collecting UI, you have two options: either apply for Commissioner Approved Training (CAT) OR continue to meet all regular UI requirements (being able, available, and actively seeking work). Since you didn't apply for CAT status until April, ESD is saying you needed to meet regular UI requirements from January-April, which includes being available for any suitable work.\n\nIn your appeal, you'll need to demonstrate that you remained able and available for work despite your school schedule. Collect evidence showing your class schedule would have allowed you to work full-time if offered employment. Also gather any job search records showing you were actively looking for work during this period.\n\nAs for your pandemic overpayment waiver, you should be able to see which weeks were waived in your eServices account under \

Thank you so much for this explanation! I definitely remained available for work - my classes were all evenings and weekends specifically so I could take a job. Do you think that's enough to win the appeal? Also, do I need to keep filing weekly claims during the appeal process or will that just make the potential overpayment bigger?

I had almost the EXACT same situation happen to me last year!! Got laid off, started school, didn't apply for training benefits right away, and then BAM - disqualified for months of benefits. It was a NIGHTMARE. \n\nI did appeal and eventually won but it took forever (like 3 months) and was super stressful. Make sure you gather ALL documentation about your class schedule showing you were still available for full-time work. The key is proving you could have worked around your school schedule.\n\nThe most frustrating part for me was that nobody at ESD could give me a straight answer about anything. I tried calling them like 50+ times and either couldn't get through or got different info each time.\n\nGood luck!!! The appeal process is intimidating but don't give up!

Wow, thank you for sharing your experience - it gives me hope! Did you have an attorney for your appeal hearing? I'm worried about representing myself and saying the wrong thing.

No lawyer - couldn't afford one. I just brought all my documentation and explained everything honestly. The judge was actually pretty fair and listened to my side. Just be super organized with dates and documents!

Make sure you keep filing your weekly claims during the appeal process! This is critically important. If you win your appeal, they can only pay you for weeks you've claimed, even if you were eligible. \n\nFor the appeal itself, you need to focus on two key points:\n\n1. You were available for work despite your school schedule (bring proof of your class times)\n2. You were never asked to modify your schedule and never refused any work\n\nAlso, for the pandemic overpayment waiver information, you won't see which specific weeks were waived in the approval letter. You need to check your benefit payment history in eServices. Look for weeks that previously showed as overpayments but now show a status of \

Thanks for the clear advice! I'll definitely keep filing my weekly claims. Do you know if I need to answer the school/training question differently now? I've been saying yes to attending school - should I keep doing that?

man ESD is such a joke. they ALWAYS do this kind of stuff. approve you then come back months later saying \

I get your frustration, but it's not always a scam. Sometimes it's just bureaucratic confusion. The Commissioner Approved Training process is legitimately confusing and poorly explained on their website. I think it's more incompetence than malice.

maybe but why do they always err on the side of taking money BACK from people who are already struggling? never seen them make mistakes in our favor lol

After trying to call ESD 22 times over 3 days (not exaggerating), I finally got through using Claimyr.com - it's a service that holds your place in the phone queue and calls you when an agent is about to answer. Saved me hours of frustration. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 if you want to see how it works. \n\nWhen I finally spoke with an agent about my training situation (similar to yours but with different dates), they explained that you can still qualify for regular benefits while in school IF your school schedule doesn't interfere with accepting full-time work. The key is documenting that you remained available despite attending classes.

Thank you for the tip! I've been trying to get through on the phone with no luck. I'll check out that service because I definitely need to speak with someone who can explain exactly what happened.

DONT FORGET THE APPEAL DEADLINE!!! There's absolutely no flexibility with the 30-day deadline to appeal. It's 30 calendar days from the date on the letter, not business days, not from when you received it. I missed mine by 2 days last year thinking it was 30 business days and they refused to even consider my case. Had to pay back everything. \n\nAlso when you fill out the appeal form, make sure you specifically request a HEARING not just a review. And mail it certified so you have proof they received it!!!

That's really good advice, thank you! The letter is dated May 14, so I need to file by June 13. I'll definitely request a hearing and send it certified mail.

Regarding your pandemic overpayment waiver question - this is completely separate from your current issue. The waiver information should be visible in your eServices account under the

Thanks for the specific info! I'll try calling that number about the pandemic waiver. I was hoping to see those waived amounts credited back to offset some of this new overpayment, but I'm guessing that's not how it works.

I won my appeal for a similar issue but there's an important detail you need to understand: Even though you were taking classes, if you were available for full-time work during your school enrollment, you CAN still qualify for regular UI benefits even without CAT approval.\n\nThe key distinction:\n- Commissioner Approved Training (CAT) means you don't have to look for work or be available for work while in training\n- Regular UI while in school means you must remain available for full-time work AND actively job search\n\nESD seems to have assumed you weren't available for work because you were in school. In your appeal, focus on proving:\n1. Your class schedule (bring documentation showing times/days)\n2. How that schedule wouldn't prevent you from accepting full-time work\n3. That you continued to search for work throughout this period\n\nIt sounds like there was miscommunication when you applied for CAT in April. They might have interpreted something you said as indicating you weren't available for work January-April. Be very clear in your appeal about your continued availability during this entire period.

This makes so much more sense now! I think what happened is when I applied for CAT in April, they asked about my class schedule since January, and I mentioned that I arranged my classes around potential work hours. Maybe they took that as me admitting I wasn't fully available? I'll definitely focus on proving I remained available for work the whole time.

I'm dealing with a similar situation right now and wanted to share what I've learned from my research. The key thing to understand is that ESD has been really aggressive lately about retroactively reviewing training benefit eligibility, especially for people who didn't apply for CAT status right away. From what I've gathered, your strongest argument is going to be demonstrating that you structured your class schedule specifically to remain available for full-time work. Evening and weekend classes are actually ideal for this argument because they show clear intent to accommodate employment. One thing that might help your case: if you can show you were actively job searching during January-April, that's strong evidence you remained available for work. Print out any job applications, emails with potential employers, or records from WorkSource if you used their services. Also, regarding the "refused to modify schedule" claim - this sounds like they might have misinterpreted something from your CAT application. Make sure you get a copy of exactly what you submitted in April so you can address any misunderstandings directly in your appeal. The $7,850 overpayment is definitely scary, but don't let that pressure you into not appealing. From what I've seen, people who can prove they remained available for work despite school enrollment often win these appeals. Document everything and stick to the facts about your availability during the contested period.