ESD overpayment marked 'cannot be waived' - should I still file waiver request?

i got the same thing last yr and thought i was out of luck but filed a waiver anyway. took them 4 months to process it but they actually approved it!! my situation was that i had reported all my hours correctly but esd made a calculation error on their end. what reason did they give for your overpayment?

The 'cannot be waived' language typically refers to fraud-based overpayments, but there's an important distinction between fraud and non-fraud overpayments. If your overpayment was classified as non-fraud (like a technical reporting issue or ESD error), you absolutely can request a waiver despite that language. If your attorney believes you have grounds for a waiver, I would follow their advice. The expanded waiver rules do apply to regular UI claims, not just pandemic programs. The key criteria are: 1. The overpayment wasn't your fault 2. Repaying would cause financial hardship 3. Collection would be against "equity and good conscience" Make sure your waiver request thoroughly documents all three elements with supporting evidence.

I work in HR and see this ALL THE TIME with our former employees. That "cannot be waived" language is super misleading! It's on all the standard overpayment notices, but it doesn't mean what it sounds like. Your lawyer is right - file the waiver. The worst they can say is no.

DONT WASTE YOUR TIME!!! The system is RIGGED against us!!! I tried getting a waiver for my $2800 overpayment that said the EXACT same thing and they denied it TWICE even after I proved I was honest about everything. Then they started GARNISHING my wages!!! 😡 Now I'm paying $180 every paycheck for their mistake. The whole system is designed to screw us over.

My sister had almost the identical situation happen, but with a smaller amount ($3200). She submitted a waiver request anyway and got approved after about 6 weeks. The key was that she could document that she had tried to report everything correctly. Do you have screenshots or any proof that you submitted the right info initially?

I've been through this exact situation. The OAH appeal and the overpayment waiver are two completely separate processes. Even if you lose the appeal, you can still qualify for a waiver. Here's what I recommend: 1. File the waiver immediately (use form ESD 640-001) 2. Include a detailed financial statement showing why repayment would cause hardship 3. Include any evidence that the overpayment wasn't your fault 4. Request a payment plan while the waiver is being processed Importantly, make sure you continue to respond to all ESD communications while the waiver is pending - they can still start collections if you miss deadlines.

Have you tried calling ESD directly to discuss this? I've been trying to get through to someone there about my standby status for WEEKS and it's impossible. Always busy or it just hangs up on me. I wonder if they could clarify whether you qualify for a waiver before you go through all the paperwork. This whole system is so frustrating!

Update: I talked with my attorney again and we're definitely going to file the waiver request. She says even though the decision says it can't be waived, that only applies to the appeal itself, not to the separate waiver process. I'll gather all my financial documents and proof that I reported correctly to include with the request. Thanks everyone for sharing your experiences - it's given me hope that this might work out after all!

Sorta off topic but did your lawyer charge a lot to help with the ESD stuff? My husband is dealing with a similar issue ($4800 overpayment) and we're wondering if hiring an attorney is worth it or if we should just handle it ourselves.