ESD overpayment notice from COVID era - need appeal/waiver help!

same thing happend to me in january!! they said i owe $3200 but i reported everything correctly at the time. the whole system is such a mess ugh

You need to file an appeal within 30 days of the date on your notice, so don't delay. There should be appeal instructions on the overpayment notice itself. For COVID-era claims, you may have special waiver options available depending on the type of benefits you received (regular UI vs PUA). You'll need to complete the "Petition for Review" form. You can find it by logging into eServices, selecting your overpayment notice in the "Notices/Letters" section, and clicking the appeal option. Alternatively, you can mail a written appeal to the Office of Administrative Hearings, but online is faster. Make sure to specifically request a waiver in your appeal and explain any financial hardship this would cause. Also gather documentation showing you reported information correctly at the time.

THEY ARE DOING THIS TO EVERYONE!!! i got hit with a $5600 overpayment last month for "not being available for work" during 2021 even though I TOLD THEM I was taking care of my kids because schools were CLOSED!!! its like they completely forgot their own pandemic rules!!! 😡😡😡 You HAVE to appeal this but good luck getting through to anyone. I've been trying to get clarification for 3 weeks and still nothing.

I actually got a waiver approved for my COVID overpayment! It was about $2800. Key is proving either 1) you provided all info correctly and ESD made the mistake or 2) paying it back would cause severe financial hardship. I had to submit bank statements and monthly expense breakdown. Took about 6 weeks but they approved it fully.

There's a specific COVID-era overpayment waiver process you should follow. I helped my brother with this last month. Key things to know: 1. Appeals deadline is strict - 30 days from notice date 2. You need to file the appeal first before requesting the waiver 3. For COVID claims, ESD is required to consider if the overpayment was your fault or theirs 4. You'll need to document financial hardship with income/expense details The trickiest part is actually reaching someone at ESD to confirm they received your appeal. I spent days trying to get through until I found this service called Claimyr (claimyr.com) that got my brother connected to an ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once you talk to an agent, ask them to note in your file that you're requesting both an appeal AND a waiver. The waiver form isn't obvious on the website - the agent should tell you exactly where to find it.

I work with a legal aid organization that's been handling lots of these cases. Important to know: there's a big difference between regular UI overpayments and PUA (Pandemic Unemployment Assistance) overpayments. Which type of benefits were you on? The waiver process is different for each. Also, you mentioned "retroactive ineligibility" - this usually means they've determined you weren't eligible for benefits you received. Common reasons include: - Not being available for work - Not properly reporting part-time income - Not meeting job search requirements (though these were modified during COVID) - Being disqualified for a reason that wasn't initially detected If you can share more details about your specific situation, I might be able to provide more targeted advice.

Based on your situation with regular UI that switched to PEUC, and the mention of work search documentation, I can see why you're confused. During different phases of the pandemic, the job search requirements changed multiple times - they were suspended completely at first, then partially reinstated, then fully reinstated. It sounds like ESD might be retroactively applying a job search requirement to a period when you thought it was waived. This is actually a good basis for appeal since the rules were changing and often poorly communicated. When you get through to an agent (again, I'd recommend using Claimyr since regular phone lines are nearly impossible), ask specifically about which weeks they're claiming you didn't meet work search requirements. Then check if those weeks aligned with when requirements were actually in effect. This mismatch has been the basis for many successful appeals I've seen.

just wondering, did the letter say anything about making payments while you appeal? when i got my overpayment notice they said interest would keep adding up even during the appeal process unless i started making payments

Regarding collections during appeals: ESD can begin collection activities while your appeal is pending, but they typically don't move to wage garnishment immediately. Setting up even a minimal payment plan (like $25/month) can prevent more aggressive collection actions. For your situation with PEUC and job search requirements, I'd recommend: 1. File your appeal immediately through eServices (under the Unemployment Claims section, not just from the notice) 2. Explicitly state in your appeal that you understood job search requirements were modified during the period in question, and that you complied with the requirements as they were communicated at that time 3. Request a waiver based on both administrative error (changing/unclear requirements) AND financial hardship 4. Include any emails or screenshots showing the job search information you submitted at the time In your hearing, focus on the unclear guidance during COVID transitions and how you attempted to comply with requirements as you understood them. Success rates for appeals on COVID-era overpayments have been higher than standard overpayments.