ESD hearing for overpayment appeal - do they accept bank statements as proof of hours NOT worked?

You need to submit all your evidence to the Office of Administrative Hearings (OAH) before your hearing date. When you get your hearing notice, it will include instructions on how to submit evidence - typically you'll need to mail or fax copies to both OAH and ESD several days before the hearing. Make sure to keep the confirmation that you sent it! Bank statements can be good evidence, but you'll need to clearly mark which deposits correspond to which pay periods. L&I records are very helpful if they show actual hours worked. Also, try to get a detailed statement from your husband's employer showing EXACTLY which weeks they're claiming he worked more hours than reported. Sometimes it's just a data entry error on their part. The judge will review all documents before the hearing, and during the phone hearing, they'll reference specific documents ("Looking at Exhibit A, page 3...") so everyone knows what's being discussed.

bank statments r probably not enough tbh. my cousin had similar problem and lost his appeal. judge said deposits dont prove when hours were worked just when he got paid. good luck tho

I went through this exact situation last year. Here's what worked for me: 1. Get a written statement from your husband's direct supervisor if possible (even an email) 2. Bring timesheets/timecards if you have copies 3. Any text messages/emails about work scheduling 4. Calendar entries showing days/hours worked 5. Submit L&I records which are considered very reliable by judges During my phone hearing, the judge had me go through each piece of evidence by its exhibit number. The bank statements were helpful but not sufficient on their own. What really helped was showing the pattern of hours through multiple forms of evidence. I won my appeal and had a $5,200 overpayment dismissed. Don't stress too much - the judges are actually pretty fair if you have organized evidence.

My hearings been rescheduled 3 times now, its so frustrating!!!! ESD is such a mess, they cant even keep track of there own appointments. Hope you get yours scheduled sooner then me lol

If you're having trouble getting through to ESD to ask questions about your appeal or evidence requirements, I found a service called Claimyr that was actually really helpful. They help you skip the phone queue and get through to an ESD agent quickly. I was skeptical but it worked for me when I was dealing with an overpayment issue. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Might be worth it just to get some official clarification on what evidence they need to see.

You absolutely MUST send all evidence before the hearing! I learned this the hard way when the judge refused to consider documents I tried to submit during the call. They're super strict about their procedures. Also, when you get your hearing notice, READ IT CAREFULLY for the exact deadline to submit evidence. It's usually 7-10 days before the hearing date, but sometimes less. If you miss that deadline, they can reject your evidence completely! One more thing - keep detailed notes about EVERY conversation with ESD, including dates, times, and who you spoke with. The judge asked me for this information during my hearing, and I wasn't prepared.

Something else to consider - make sure you're presenting evidence about the SPECIFIC weeks ESD is claiming were misreported. I've seen people bring lots of evidence but for the wrong time periods, which doesn't help your case. The overpayment notice should list exactly which weeks are in question. Also, during the hearing, be very clear and concise with your explanations. The judges hear many cases each day, so being organized makes a big difference. And don't get emotional or ramble about how unfair ESD is - just stick to the facts about hours worked and reported.

One last bit of advice - during the phone hearing, the judge will likely ask your husband's employer to explain their records first. TAKE NOTES about what they say! Often, employers make vague statements or can't explain discrepancies when questioned directly by the judge. When it's your turn to speak, you can then address any inconsistencies in their testimony. Be very specific: "The employer claims my husband worked 8 hours on January 15th, but as shown in Exhibit C, he was actually at a doctor's appointment that day..." The burden of proof is technically on ESD/the employer to prove you received benefits incorrectly. Your job is to create reasonable doubt about their evidence.