ESD overpayment waiver approvals - do I need an OAH hearing first?

You don't need to go through an appeal process first. I got my overpayment waived ($5,900) by applying directly for a waiver. The key is demonstrating that repayment would cause significant financial hardship and that you didn't intentionally misrepresent anything. On the ESD site, look for the "Request for Overpayment Waiver" form - you'll need to provide financial documentation showing your current income, expenses, and why repayment would be a hardship. I submitted mine about 4 months ago and just got approved last week.

i went stright to waiver didnt do appeal. got approved in like 6 wks. they said i got overpaid $3200 but i just filled out the form showing i couldnt pay rent if i had to pay it back. dont overthink it just apply

DON'T WASTE YOUR TIME WITH APPEALS!!! I went through the whole OAH hearing process first and LOST, then had to apply for waiver anyway!! The appeal and hearing was a complete waste of 3 months. The ESD "adjudicator" was totally biased and the judge hardly let me speak. Just go straight for the waiver - the appeal system is RIGGED against claimants!!

I had a similar situation last year. Got slapped with an $8,400 overpayment notice. I actually tried both routes simultaneously - filed an appeal AND requested a waiver. The waiver got approved before my hearing date even came up, so I ended up withdrawing my appeal. In my experience, if you genuinely can't afford to repay, the waiver is the faster solution.

Anyone else been waiting forever to hear back on their waiver request? I submitted mine almost 3 months ago and haven't heard anything. Called ESD multiple times but can never get through to a real person to check the status. Starting to worry they lost my application or something...

To directly answer your question: You have two separate options when dealing with an overpayment: 1. Appeal: This challenges the existence or amount of the overpayment itself. You're saying "I don't owe this money because ESD made a mistake." 2. Waiver: This acknowledges the overpayment but requests forgiveness based on financial hardship or equity and good conscience. You're saying "I may owe this money, but repaying it would cause extreme hardship." You can pursue either or both. For waivers, ESD typically looks at: - Your current income and expenses - Whether repayment would cause significant hardship - Whether the overpayment occurred through no fault of your own If you believe the overpayment was issued in error, appeal. If you accept the overpayment but can't afford to repay, request a waiver. The waiver form requires financial documentation showing your inability to repay without significant hardship.

To follow up on my earlier comment - for financial documentation, I submitted: 1. My most recent bank statements (3 months) 2. Last two pay stubs 3. A list of monthly expenses (rent, utilities, groceries, medical expenses, etc.) 4. A personal statement explaining my financial situation The key is showing that repaying would cause significant hardship - like inability to pay for necessities, risk of eviction, etc. Be honest and thorough. In my case, I showed that after basic expenses, I had less than $100 left each month, so there was no way I could repay $5,900 without severe hardship.

btw they do actually check ur docs so dont make stuff up. my friend tried to claim hardship but they denied him cuz his bank statements showed he had savings

Quick update on my situation from last year - I've been completely in the clear for about 6 months now since my waiver was approved. No collections, no further notices, nothing. Just to give you some peace of mind that once it's approved, it really is taken care of!