ESD overpayment waiver stuck 'in review' for 14 months - anyone actually gotten approval?
I'm seriously losing sleep over this overpayment mess from ESD. They determined I was overpaid about $11,200 back in early 2023 (though I swear I answered everything truthfully). I applied for the pandemic overpayment waiver in March 2023, and my application has been stuck "in review" for 14 MONTHS now with zero updates. My account still shows the full balance due. I've called at least 25 times but either get disconnected or told "it's still in process" with no timeline. Has ANYONE actually gotten one of these waivers approved? What was your timeline like? I'm terrified they're going to garnish my wages soon or take my tax refund while this thing sits in limbo forever.
23 comments
Fiona Gallagher
I had a similar situation but with a smaller amount (~$4,500). My waiver was approved after about 9 months of waiting. The key was documenting that I made a good faith mistake and truly couldn't afford to repay without significant hardship. Make sure your financial hardship documentation is extremely detailed - bank statements, bills, rent/mortgage, everything. If you've only submitted the basic form without supporting documents, I'd recommend calling and asking if you can submit additional hardship evidence.
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Xan Dae
•Thx for the response! That gives me some hope. I did submit bank statements and my monthly expense sheet showing I'm barely making ends meet. Did they notify you by mail or email when it was approved? Did the balance on your account immediately disappear?
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Thais Soares
mine has been "in review" for 16 months lol. esd is a joke
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Xan Dae
•16 months? That's even worse than mine. Have you tried calling them? I'm starting to think these so-called "reviews" are just sitting in a digital pile somewhere that nobody looks at.
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Nalani Liu
They sent me a overpayment notice for $8,700 and i applied for waiver RIGHT AWAY last summer. Zero movement. Status just says "in review" but they started taking money from my tax refund anyway!!! $1,400 GONE even though im supposed to be protected while waiver is being processed!! I called and they said "sorry but collections are automated" WTF???
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Axel Bourke
•That shouldn't be happening. Per ESD guidelines, collection activities should be paused while a waiver request is under review. You need to escalate this immediately. Contact your state representative's office and file a formal complaint. Also, document every interaction with ESD - names, dates, reference numbers. The tax intercept can be reversed if it was done in error.
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Aidan Percy
I've been trying to reach ESD about my overpayment waiver for months with zero luck. After dozens of attempts, I finally got through using Claimyr (claimyr.com). They basically hold your place in line and call you when an ESD agent is available. Saved me hours of redial hell. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with confirmed my waiver was actually misclassified in their system which is why it wasn't moving forward. They fixed it on the spot and told me to expect a decision within 2-3 weeks. Never would have known this if I couldn't get through to a live person.
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Xan Dae
•This is really good to know. I've been killing myself trying to reach them by phone. Never heard of Claimyr before but at this point I'll try anything. Was it easy to use? I'm worried my application might be stuck for a similar reason and nobody's actually looking at it.
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Aidan Percy
•Super easy to use. You just enter your number and they call you when they've got an ESD agent on the line. Definitely ask the agent to check if your waiver is properly categorized in their system. The rep told me a bunch of them got misfiled during the transition from pandemic claims back to regular unemployment processes.
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Fernanda Marquez
My waiver got approved after 11 months. hang in there. they are just super slow but they DO eventually get to them.
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Xan Dae
•That's somewhat reassuring. Did they send you a letter or email? Or did you just notice the balance was gone one day?
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Fernanda Marquez
•got a letter in the mail AND an eServices message about 2 weeks later. the online balance took another week to update to zero.
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Norman Fraser
Be extremely careful with these overpayment situations. I was in a similar position with an $8,900 overpayment that was clearly their mistake. My waiver was pending for 7 months, then suddenly denied with minimal explanation. I immediately filed an appeal through the Office of Administrative Hearings (OAH) and submitted additional documentation proving financial hardship. The appeals process took another 5 months, but ultimately the judge overturned ESD's decision and approved my waiver in full. What I learned: 1. Document EVERYTHING - every call, letter, and submission 2. Be meticulous with your financial hardship evidence 3. If denied, appeal immediately (you only have 30 days) 4. Be prepared for a long process On the plus side, collections are typically frozen during the entire appeals process too. Don't give up - the system is slow but there is a process.
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Xan Dae
•This is really helpful info. I'm going to start keeping a better log of all my calls and interactions. If you don't mind me asking, what kind of financial hardship evidence made the difference in your appeal? I submitted basic income/expense sheets but wonder if I should be more detailed.
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Norman Fraser
•The judge specifically mentioned these documents as being persuasive: - Complete bank statements for 3 months showing my actual cash flow - A detailed budget showing income vs. expenses with every bill itemized - Letters from my landlord about late rent payments - Medical bills showing I was already in collections for those - A personal statement explaining how repayment would impact my ability to afford basic necessities Basically, you need to prove that repayment would cause genuine financial hardship beyond just being inconvenient. The more specific evidence, the better.
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Thais Soares
this whole system is designed to wear us down until we give up and just pay them even when we dont owe anything
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Nalani Liu
•EXACTLY!!!! they hope we just give up and setup payment plans even tho we did nothing wrong!!!
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Fiona Gallagher
•While I understand the frustration, I don't think that's entirely accurate. The system is definitely overwhelmed and inefficient, but the pandemic created unprecedented challenges for unemployment systems nationwide. The overpayment waiver program exists specifically because they recognize many people received benefits in good faith and shouldn't have to repay. It's worth pursuing the proper channels even if it takes time.
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Axel Bourke
I work with clients in this situation frequently. Here's what you need to know about the pandemic overpayment waiver process: 1. ESD is legally required to review every waiver application, but they're severely backlogged - 12-18 months is unfortunately common 2. While your waiver is pending, collections should be suspended (if they're not, that's an error you can fight) 3. Make sure your application clearly demonstrates BOTH aspects required for approval: - The overpayment wasn't your fault (no fraud or misrepresentation) - Repayment would cause significant financial hardship 4. If your waiver has been pending over a year, you have options: - Contact your state legislative representative (they can often expedite) - File a formal complaint with the ESD Commissioner's office - Request an update through the ESD secure message portal specifically asking for timeline The good news: in my experience, approximately 70% of pandemic-era overpayment waivers are eventually approved if properly documented. Don't give up!
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Xan Dae
•Thank you so much for this detailed response. I haven't tried contacting my state rep yet - that's a great idea. Do you know if partial waivers are common? I'm worried they might only waive part of the amount even though I can't afford to pay any of it.
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Axel Bourke
•Partial waivers do happen, but they're less common for pandemic-era claims than for regular unemployment overpayments. When partial waivers occur, it's typically because ESD determined some weeks were properly paid while others weren't. If your entire claim period is under the same circumstances, it's more likely to be an all-or-nothing decision. When contacting your state representative, be sure to include your ESD claim ID number, the date you filed your waiver request, and a brief explanation of your financial hardship. Their constituent services staff are often remarkably effective at getting movement on these cases.
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Kendrick Webb
my cousin had one of these and it got approved after like 14 months so dont lose hope. but also they sent the approval letter to his old address even tho hed updated his address with esd THREE TIMES so keep checking ur account online too
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Xan Dae
•That's a really good point about the address. I've moved since I initially filed, and while I updated my address in the system, I should probably double-check that it's correct. Would hate to miss the notification letter if it finally gets approved.
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