ESD overpayment notice during medical crisis - how to request hardship waiver?
My daughter received an ESD overpayment notice for $6,200 but she's in a really tough situation right now. She lost her job 2 months ago and was just released from the hospital after a two-week stay for a serious health issue. There's absolutely no way she can pay this back anytime soon. Is there a way to postpone payments or request some kind of hardship consideration? Who should we contact about her medical situation? I'm helping her navigate this since she's still recovering. Any advice would be SO appreciated!
18 comments


Aisha Mahmood
Yes, there are options for her situation! ESD does offer overpayment waivers in cases of hardship. She needs to submit an Overpayment Waiver Application explaining her circumstances. The form is available on the ESD website under 'Forms and Publications.' Make sure to include documentation of her hospital stay and medical condition, plus her current financial situation showing inability to pay. Also immediately request a payment plan to avoid collections while the waiver is being processed.
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Mateo Sanchez
•Thank you so much! We'll look for that form today. Do you know if there's a deadline for submitting the waiver request after receiving the overpayment notice? She got the letter about 10 days ago.
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Ethan Clark
my brothr had something similar happen last year!! they kept sending him letters even after he told them he was in th hospital!! its ridiculous how they expect people to pay when theyre sick!!
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Mateo Sanchez
•That sounds awful! Did your brother eventually get it resolved? I'm worried they'll start garnishing her bank account or something while she's trying to recover.
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AstroAce
I've been through the overpayment waiver process before. You need to act quickly because there's a 30-day deadline to respond to the notice. Here's exactly what I recommend: 1. Call ESD immediately to inform them of the situation and request a temporary hold (though this can be nearly impossible to get through) 2. Submit the waiver application with ALL medical documentation 3. Also submit a payment plan request form - even if you plan to get a waiver, this buys time 4. In her situation, specifically request a "financial hardship waiver" not just a payment plan If she qualifies for the hardship waiver, they may forgive the entire amount based on her medical condition and unemployment status.
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Mateo Sanchez
•Thank you for these specific steps! We'll definitely follow this plan. The 30-day deadline is really helpful to know - we're going to start on this immediately.
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Yuki Kobayashi
I had to deal with ESD for an overpayment while I was having health issues too. I spent WEEKS trying to get through to someone who could help. Finally used Claimyr (claimyr.com) to get connected to an actual ESD agent without the endless waiting. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I got through, I found out there's a specific department that handles hardship waivers for overpayments. Make sure you're talking to the Collections and Overpayment Department, not just general UI staff. They'll connect you with a caseworker who can pause collection activities during medical hardship.
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Ethan Clark
•does that service actually work?? i tried calling esd like 50 times last month and never got thru!!!
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Carmen Vega
You might want to look into if the overpayment was her fault or ESD's mistake. Theres different rules depending on if it was her error or theirs. ESD makes alot of mistakes on claims.
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Aisha Mahmood
•This is an excellent point. If the overpayment was due to an ESD error rather than claimant error, it's much easier to get it waived. The notice should indicate whether it was classified as a claimant or department error.
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Andre Rousseau
ESD IS THE WORST!!! They did this to me too and GARNISHED MY WAGES even after I sent them PROOF I was entitled to benefits!!! They don't care about people's situations AT ALL. Get a lawyer NOW before they take everything!!
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AstroAce
•While ESD can be frustrating, getting legal help is actually good advice - though you don't necessarily need to pay for it. The Unemployment Law Project offers free legal assistance for people dealing with ESD issues, including overpayments. They can help with waiver requests and appeals: https://unemploymentlawproject.org/
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Zoe Stavros
When my mom had a similar situation last year, we discovered there's actually a medical condition exemption form specifically for cases like your daughter's. It's separate from the regular hardship waiver. Ask specifically for the "Medical Condition Overpayment Review" form. It requires a doctor's statement about why the condition prevented proper claim handling. In our case, they reduced the overpayment by 75% and set up a very minimal payment plan for the remainder. The key was having detailed medical documentation and a letter from her doctor explaining how her condition affected her ability to manage her unemployment claim properly.
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Mateo Sanchez
•This is incredibly helpful information - I had no idea there was a specific medical review process! She has plenty of documentation from her hospital stay, so we'll definitely request this specific form. Thank you so much for sharing your experience!
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AstroAce
Just an update on waiver deadlines - in 2025, ESD extended the response window for overpayment appeals and waiver requests to 35 days (it used to be 30). Make sure you're tracking the exact date on the notice. Also, if you mail any forms, use certified mail so you have proof of when you submitted everything. ESD has been known to claim they never received documents.
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Mateo Sanchez
•Thank you for the updated information! That gives us a bit more breathing room. We'll definitely use certified mail for everything we submit. Is there any way to submit these forms online instead of mailing them?
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Aisha Mahmood
I wanted to follow up with one more important detail - your daughter should also request a formal appeal of the overpayment determination within the 35-day window, not just the waiver. This preserves all her rights while you work on the waiver request. The appeal form (called a "Request for Review") can be submitted online through her eServices account or by mail. Also, yes, most forms can now be uploaded directly through the eServices portal. Go to her account, look for "Upload a Document" and select the appropriate form type from the dropdown menu. You'll still want to keep screenshots or confirmation numbers as proof of submission.
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Mateo Sanchez
•We really appreciate all this information! We're going to submit both the appeal and the waiver request through her eServices account today. Everyone has been so helpful - I'll update once we hear something back from ESD about her case.
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