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ESD overpayment waiver form questions - anyone complete one?

I just received a notice that I was overpaid $5,250 in benefits last year. Apparently I made a mistake on one of my weekly claims where I forgot to report some part-time hours. I can't afford to pay this back right now as I just started a new job and am still catching up on bills. I heard there's an overpayment waiver request form but I'm nervous about filling it out. Has anyone gone through this process? What kind of questions do they ask on the waiver form? Do they want bank statements or other financial documents? Any advice would be super helpful as I'm really stressed about this whole situation.

Yuki Sato

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I did this last year! The waiver form asks for a ton of financial info. You have to document your monthly income, all expenses (rent, utilities, food, etc), any assets you have, and debts. They also asked me to explain WHY I think the overpayment should be waived - like if it would cause financial hardship or if the overpayment wasn't my fault. Make sure you're super detailed about your financial situation and why paying it back would be a hardship. I included copies of my bank statements, bills, and a letter explaining my situation. Took about 8 weeks to get approved.

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StarStrider

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Thanks for the info! Did you have to include ALL your bank statements or just recent ones? I'm worried because my current balance looks okay but that's only because I just got paid and need that money for rent next week.

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Carmen Ruiz

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Just to add some important info here - there are actually two different bases for requesting a waiver: financial hardship OR equity and good conscience. For financial hardship, yes, they want to see all your financial details. For the equity and good conscience basis, you're arguing that it would be unfair to make you repay even if you technically could afford it (like if ESD made the mistake, not you). Be careful which one you choose because the documentation requirements are different. Here's what they specifically ask for:\n\n1. Your current financial situation (income, expenses, assets)\n2. Whether you received the benefits in good faith\n3. Whether the overpayment was your fault or ESD's mistake\n4. How repayment would affect your ability to meet basic needs\n\nIf you made an honest mistake on reporting hours, make sure you explain that clearly.

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THIS!!! I got denied becuz I picked the wrong basis for my waiver. I shudve gone with the equity & good conscience but i did financial hardship even tho I had a decent amount of savings. Make sure u understand the difference!!!

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I've actually helped several people with these forms through my job at a community resource center. One thing to understand is that there are time limits - you have to submit the waiver request within 30 days of receiving the overpayment notice. If you miss that window, the process gets much harder.\n\nAlso, ESD is looking for specific evidence that:\n1. The overpayment wasn't due to fraud on your part\n2. Repayment would cause significant financial hardship\n3. You acted in good faith when collecting benefits\n\nBe extremely thorough with your financial documentation. They want to see that after paying all your necessary expenses (housing, utilities, food, medical, transportation), you don't have enough left to make payments on the overpayment.

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StarStrider

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Thank you! I definitely didn't commit fraud - I just made a mistake on reporting some hours during a really chaotic week. I'll make sure to be super clear about that and provide all the financial details they need.

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i got slammed with a $3800 overpayment last summer and it was a total nightmare!!! first they denied my waiver because i didnt include enough proof of expenses. had to appeal and then wait another 3 months!! make sure you document EVERYTHING including even small bills. they want to see every penny accounted for.

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Mei Wong

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Same thing happened to me! I forgot to include my car insurance and medical expenses on the first try and they denied it saying I had enough

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QuantumQuasar

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Has anyone here used Claimyr to get through to ESD about their overpayment case? I've been trying to reach someone at ESD for weeks about my waiver application and keep getting disconnected. A friend recommended this service (claimyr.com) that supposedly gets you through to an actual agent. There's a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Wondering if anyone has tried it for overpayment issues specifically?

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Liam McGuire

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I used Claimyr last month when I was trying to figure out why my waiver was taking so long. It actually worked - got me through to a real person in about 20 minutes instead of spending hours redialing. The agent I spoke with was able to tell me exactly what additional documentation they needed for my waiver. Definitely worth it if you're stuck trying to get answers.

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Mei Wong

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Make sure you keep making your payments while waiting for the waiver decision if you can afford even small payments! They can still add interest and penalties while your waiver is being processed. I learned this the hard way and ended up owing even more by the time my waiver was denied (I appealed and eventually got it approved). Also don't forget they can garnish your wages and tax refunds if it goes to collections.

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StarStrider

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Ugh, that's scary. I don't think I can afford payments right now, but I definitely don't want it going to collections. How much were you able to pay per month to keep them from adding more penalties?

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One more important thing - if your waiver is denied, you have the right to appeal! Many people give up after the first denial, but the appeal process can often be successful. You'll get a hearing with the Office of Administrative Hearings (OAH) where you can present your case. For appeals, it's even more important to have all your documentation organized and to clearly articulate why repayment would cause financial hardship or why it wouldn't be fair to make you repay. About 40% of appeals are successful in my experience working with clients.

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THIS!!! i won on appeal after being denied. the judge at my hearing was way more reasonable than whoever reviewed my original waiver. definitely worth the extra effort!!!

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Yuki Sato

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One thing nobody mentioned - they'll ask about any assets you have. This includes savings, property, valuable items, etc. They're trying to determine if you could sell something to pay back the debt. Be honest about this because they can check some of this info.

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StarStrider

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Thanks for mentioning this. I don't have much in assets - just an old car that I need for work and some basic furniture. No savings to speak of. I'll make sure to list everything though.

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the form is super INTIMIDATING but dont let it scare u!! just be honest & thorough. i was freaking out about my $4700 overpayment but got it waived eventually. took like 3 months tho so be ready to wait!!!!!

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Carmen Ruiz

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Great point about the wait time. ESD's current processing time for overpayment waivers is 10-12 weeks according to their website, but in reality it can take longer. It's important to follow up regularly if it goes beyond that timeframe.

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