ESD overpayment notice for $4,800 - Appeal worth it or other options?
I just got a notice from ESD saying I was overpaid $4,800 in benefits from November to January. They're claiming I didn't report some part-time income correctly, but I swear I entered everything exactly as it showed on my paystubs each week. I'm completely freaking out because there's no way I can pay this back right now. The letter mentions I can file an appeal, but I'm wondering if that's actually the best way to handle this or if I should try something else first? If appealing is the way to go, what specific evidence should I include with my appeal to have the best chance? Has anyone successfully fought an overpayment notice before? Any advice would be really appreciated.
16 comments
Annabel Kimball
An appeal is 100% the way to go if you think ESD made a mistake. Don't ignore it hoping it'll go away because it won't - they'll eventually start garnishing wages or tax refunds. When I appealed my overpayment last year, I included copies of all my paystubs, screenshots of my weekly claim submissions showing I reported the income, and a written timeline explaining everything. Make sure you file within 30 days of the date on your notice!
0 coins
PaulineW
•Thank you!! Did you have to attend a hearing for your appeal? I'm super nervous about having to explain all this to a judge.
0 coins
Chris Elmeda
I went through this exact same thing in 2024. First, definitely appeal within the 30-day deadline - that's critical! But while you're waiting for the appeal, call ESD directly and ask to speak with someone in the benefits accuracy unit. Sometimes these notices go out automatically without anyone really reviewing your specific situation, and a real person might be able to fix it without going through the whole appeal process. Also: even if you end up having to pay something back, you can request a payment plan.
0 coins
Jean Claude
•Good luck getting anyone on the phone at ESD tho!!! 🙄 I tried for WEEKS and kept getting disconnected or told the wait time was 240+ minutes.
0 coins
Jean Claude
yes APPEAL IT!! i got hit with a $3200 overpayment notice last summer and i appealed it right away. turns out it was actually their system error not mine! they had double-counted some earnings or something weird. the whole thing got cancelled but it took like 10 weeks to resolve. make sure u keep track of all ur communications with them and SAVE EVERYTHING. good luck!!
0 coins
PaulineW
•That's really reassuring to hear! I'm hoping mine is just a system error too. I'll start gathering all my documentation today.
0 coins
Charity Cohan
I'm an unemployment advocate who helps people with ESD issues. Here's what you need for a strong appeal: 1. Copies of all pay stubs from the period in question 2. Screenshots of your weekly claim submissions showing you reported income 3. Bank statements showing when benefits were deposited 4. A written statement explaining why you believe the overpayment is incorrect 5. Any correspondence with ESD about your claim File your appeal through your eServices account and select "Request Hearing" under the Appeals section. The Office of Administrative Hearings will schedule a phone hearing, usually within 4-6 weeks. You'll have a chance to present your evidence and explain your situation to an Administrative Law Judge. Most importantly, continue filing weekly claims during your appeal if you're still unemployed!
0 coins
Josef Tearle
•they'll just deny the appeal anyway ESD is corrupt and doesn't care about regular people. I filed an appeal with ALL my documentation and they still sided with ESD. total waste of time 🤬
0 coins
Shelby Bauman
I had something similar happen back in January. I was trying for DAYS to get through to someone at ESD to explain my situation but kept getting disconnected. I finally used this service called Claimyr (claimyr.com) that got me through 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 I spoke with was able to look at my file and fix the reporting error right there - didn't even need to go through the whole appeal process. Might be worth trying before you do the full appeal.
0 coins
Quinn Herbert
•Did that actually work? I've never heard of this before but I've spent hours trying to get through to ESD about my claim issues.
0 coins
Shelby Bauman
•Yeah, it actually did work for me. I was skeptical at first but was desperate after trying for a week on my own. Got connected to an agent who fixed my issue in one call.
0 coins
Salim Nasir
My cousin had an overpayment thing too and she just ignored it and nothing really happened for like a year but then they started taking money from her tax refund so dont ignore it lol just saying
0 coins
Annabel Kimball
•This is terrible advice. If you ignore it, they'll add penalties and interest, and eventually they can garnish your wages up to 25% without going to court. NEVER ignore an overpayment notice.
0 coins
Quinn Herbert
Here's what most people miss when appealing overpayments: You need to be VERY specific about which weeks you're disputing. Don't just say "I think the whole thing is wrong." Go through week by week, showing exactly what you reported vs what ESD claims. Also, be super clear about whether you're disputing the fact that there was an overpayment at all, or if you're requesting a waiver based on financial hardship. Those are two totally different processes! If you truly can't afford to pay it back, you can request a waiver even if the overpayment itself was valid.
0 coins
PaulineW
•This is so helpful, thank you! I hadn't even considered the waiver option. I think I need to fight that there was no overpayment first, but good to know about the waiver as a backup.
0 coins
Jean Claude
Whatever u do, FILE THE APPEAL ASAP!!!! The deadline is super important. You can always withdraw it later if u figure something else out, but u cant file after the deadline!!
0 coins