ESD overpayment appeal hearing wait time - 12 weeks with no date yet

Mine took FOREVER!!! Almost 4 months before I even got a hearing date, then another 3 weeks until the actual hearing. The whole system is a JOKE. They expect us to respond to everything within like 5 days but then they can take however long they want?? And yeah the interest thing is total BS - even if you win they've been charging you interest the whole time. Make sure you keep checking your notices tab on eServices because sometimes they send hearing info there and don't bother calling.

I went through this last year. The current backlog for OAH hearings on ESD overpayment cases is running about 14-16 weeks from appeal filing to hearing date assignment. After you get the date, it's usually scheduled about 3-4 weeks out. Make sure you're preparing your case in the meantime - gather all documentation showing why you believe you were eligible for the benefits. Pay special attention to any documents that show you reported your work and earnings correctly. Also, check if you qualify for a waiver based on financial hardship while you wait. You can request one through your eServices account.

my freind had this happen took like 5 months before hearing but they won in the end. ESD made mistake on there part. just hang in there dude

Have you tried calling ESD to ask about expediting? I was in a similar situation last fall and was getting desperate after waiting 11 weeks with no hearing date. I couldn't get through on the regular line (kept disconnecting after 2+ hours on hold), but I found this service called Claimyr (claimyr.com) that got me connected 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. The agent was able to see that my appeal paperwork had been received but was sitting in a backlog. She escalated it and I got my hearing date within a week after that. Might be worth trying if you're at your wit's end.

The wait times are absolutely ridiculous right now! But here's something important to know - if you win your appeal, they have to remove ALL interest that accumulated during the wait. Document everything, including every attempt you make to contact them. I'd also recommend sending a secure message through eServices asking specifically about the status of your appeal and requesting an estimated timeframe. This creates a paper trail showing you're actively trying to resolve the issue. One more thing - if your overpayment is because they're claiming you weren't eligible (rather than fraud), you can request a payment plan once you get the hearing date. Don't wait until after the hearing because that might be too late.

this happened to me to!!! its soooo stressful. i just got my hearing date yesterday after waiting since december!!! almost 5 months of waiting and my hearing isnt even until June 3rd so thats like another month of waiting. the whole thing is making me sick with worry

Administrative Law Judge here (though not with OAH). The current backlog for ESD overpayment appeals is indeed substantial. The official target is 90 days from appeal to hearing, but in practice, most cases are running 120-150 days due to the high volume of appeals following the post-pandemic audit wave. A few important points: 1. While waiting, continue checking your eServices account weekly and respond to ANY requests for information immediately. 2. You can file a hardship request to temporarily pause collection activities while your appeal is pending. 3. Start preparing now - organize chronologically all documents showing your eligibility, work search activities, and any communications with ESD. 4. Once you receive a hearing date, you'll typically have 5-7 business days to submit your evidence packet to OAH. 5. Consider requesting a pre-hearing conference if your case involves complex eligibility issues. The wait is frustrating, but over 40% of appeals result in complete or partial reversal of overpayment determinations, so preparing thoroughly is worth the effort.

Just wondering - did they actually explain WHY they think you weren't eligible? My notice was super vague and it wasn't until the hearing that I found out they thought I hadn't been looking for work properly (which wasn't true).