ESD deposited money then denied my claim - now demanding repayment!
I'm freaking out right now and don't know what to do. Last Thursday an adjudicator called asking me to upload emails between me and my former employer as evidence for my claim. I uploaded everything they asked for that same day. On Monday morning, I was SHOCKED to see ESD had deposited $4,870 in my account (covering all my weekly claims from the past 2 months). Then this morning, I get this email saying check my ESD messages - and it's a DENIAL LETTER! They're saying I'm not eligible AND I have to pay back all the money they just gave me?! If they were going to deny me, why would they deposit the money at all?? I already used most of it to catch up on my overdue rent and car payment that were about to get me evicted and my car repossessed. There's no way I can pay this back right now. I'm definitely going to appeal this decision but I'm panicking about the overpayment. How long do I have to pay it back? Will they garnish my wages if I find a new job? Has anyone successfully appealed something like this? I'm so stressed I can't even think straight.
15 comments
Aurora St.Pierre
This happens more often than you'd think. ESD sometimes releases payments before final adjudication decisions are made, especially if your claim has been pending for a while. The good news is that you have 30 days from the date on the determination letter to file your appeal. Make sure you submit it on time - that's absolutely critical. Regarding repayment, if your appeal is denied, you can set up a payment plan with ESD. They're usually reasonable about this, especially if you explain your financial situation. They can potentially reduce the amount owed through a waiver if repayment would cause significant financial hardship. Did they provide specific reasons for the denial in the letter? That will be important for your appeal strategy.
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Christopher Morgan
•Thank you! The letter says I was denied because I "voluntarily quit without good cause" - but I was basically forced to resign after they changed my hours to times they KNEW I couldn't work because of my childcare situation. I explained this to the adjudicator on the phone and provided emails showing they wouldn't work with me on scheduling. I'm definitely filing the appeal today. How long does the appeal process usually take? And do I have to start repaying while waiting for the appeal decision?
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Grace Johnson
omg this exact thing happened to my sister last yr!!!! ESD is such a mess, they give u money then take it back. its like they dont even talk to each other. make sure u file that appeal FAST dont wait!!!!
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Jayden Reed
I've guided several people through this exact situation. Here's what you need to know: 1. File your appeal immediately through your eServices account. Be very specific about why you believe the decision is incorrect. In your case, you should focus on how the schedule change essentially made it impossible for you to continue working, which could qualify as "good cause" for quitting. 2. You do NOT have to start repaying while the appeal is pending. The collection process is paused during appeals. 3. Gather ALL documentation showing how your employer changed your schedule and your attempts to work with them on accommodations. Include any communications about your childcare constraints. 4. The appeal hearing will likely be scheduled 4-8 weeks after filing, though timelines vary. 5. If your appeal is unsuccessful, you can request an overpayment waiver based on financial hardship, or negotiate a payment plan (sometimes as low as $25/month). It sounds like you have a legitimate case if you can prove the schedule change made it impossible for you to work due to childcare constraints. This could qualify as "good cause" under ESD regulations.
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Christopher Morgan
•Thank you so much for the detailed information! That's a relief to hear I don't have to start repaying during the appeal. I'm putting together all my documentation now - I have emails showing they changed my schedule from 9-5 to 2-10pm knowing I'm a single parent with no evening childcare options. I also have texts where my manager basically said "figure it out or quit" when I explained my situation. Fingers crossed the appeal works out. This money was literally keeping a roof over our heads.
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Nora Brooks
Not trying to be a downer but I went through an appeal last year and it was a NIGHTMARE. Took over 3 months to get a hearing date and then another month for a decision. Meanwhile I was stressed every day about possibly owing $6000 I didn't have. The system is broken and they don't care about real people's situations.
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Eli Wang
•While the appeal process can definitely be frustrating, I've seen many successful appeals specifically for cases like this. If childcare constraints were communicated to the employer, and they changed the schedule knowing you couldn't accommodate it, that often qualifies as good cause for quitting. The key is documentation and clear presentation of the timeline during your hearing. Don't get discouraged by the wait time - keep following up and make sure you're thoroughly prepared for the hearing when it comes.
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Cassandra Moon
I called ESD for FIVE WEEKS straight trying to resolve an overpayment issue similar to yours. Could never get through - just endless busy signals or disconnects. Finally tried Claimyr (claimyr.com) and got through to an actual ESD agent in less than 30 minutes. They helped me file my appeal and explain my situation. Check out their demo video here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it when you're dealing with something this important. The agent I spoke with was able to put notes in my file about my situation while we waited for the appeal hearing.
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Christopher Morgan
•Thank you for the suggestion! I've been trying to call them all day with no luck. I'll check out that service - at this point I'd do anything to actually talk to a real person at ESD about this.
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Zane Hernandez
Dealing with the same EXACT issue right now. So I've learned a few things: 1) If u appeal within 30 days u can keep getting benefits if u keep filing weekly claims (they call it "continued benefits pending appeal") 2) Keep ALL ur evidence organized. I made a timeline of events with dates and what happened. 3) Even if u lose the appeal u can apply for a waiver if paying it back would cause "financial hardship" - there's a separate form for this. Good luck with ur appeal!!! The waiting is the worst part tbh
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Grace Johnson
•wait u can keep getting paid during appeal?? nobody told me that when i had my issue!!! ESD never explains anything right 🤬
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Aurora St.Pierre
Make sure when you file your appeal that you specifically request a hearing with an Administrative Law Judge rather than just the ESD review. In situations involving childcare and schedule changes, ALJs often have a better understanding of the "good cause" provisions than initial ESD adjudicators. To prepare for your hearing: 1. Write out a clear chronology of events 2. Practice explaining your situation concisely 3. Be prepared to show exactly how the schedule change made continued employment impossible due to childcare 4. Document any attempts you made to resolve the issue before quitting Regarding the overpayment - if your appeal is unsuccessful, ESD typically offers payment plans between 12-48 months depending on the amount. They rarely pursue aggressive collection methods if you're communicating with them and making some effort to repay, even if it's a small amount monthly.
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Genevieve Cavalier
just wondering but did you tell them when you first applied that you quit because of the schedule change? sometimes people don't realize they need to be super specific about WHY they left a job and then ESD assumes it was just a regular quit without good cause. if you didn't explain the childcare situation clearly in your initial application that might be why they denied you.
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Christopher Morgan
•I thought I was clear about it, but maybe not enough? In the initial application I selected that I quit but was forced to due to a major change in working conditions. In the explanation box I mentioned the schedule change but didn't go into all the details about my childcare situation. I explained it all to the adjudicator on the phone though, and sent emails showing the schedule change and my attempts to work it out with my boss. Maybe that's where I went wrong - not being detailed enough from the beginning? 😞
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Jayden Reed
Quick update on timeline expectations: Appeals are currently taking 6-10 weeks to be scheduled with OAH (Office of Administrative Hearings). The good news is that with childcare-related "good cause" quit cases, the success rate on appeal is relatively high when properly documented. Also, an important tip: If you haven't already, you should immediately file for "continued benefits pending appeal" - there's a separate form for this on the ESD website. If approved (which is common), you can continue receiving benefits while your appeal is pending. Be aware that if you ultimately lose the appeal, these additional benefits would also need to be repaid. However, as mentioned earlier, if you win your appeal, the overpayment issue disappears entirely. And in 2025, ESD has expanded their criteria for "good cause quits" to specifically include childcare-related scheduling conflicts, which should help your case.
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