ESD overpayment waiver submitted 4 months ago - still no response about $43k
I'm seriously starting to panic here. Back in May, I submitted all the paperwork for an overpayment waiver for a massive $43,000 that ESD claims I owe them from when my employer shut down during 2022-2023. I filled out every form they requested, documented my financial hardship (I'm a single parent with 2 kids), and sent everything certified mail to make sure they got it. It's been FOUR MONTHS with zero communication from them! My online account just shows 'pending review' when I check the overpayment status. Has anyone else waited this long for a waiver decision? I'm terrified they're going to start garnishing my wages any day now. Should I be calling them daily? Is there a specific department I should ask for? Any success stories out there to give me hope?
18 comments
Amina Sow
omg yes!!! my waiver took 6 months to get approved, and i only had a $12k overpayment. the bigger the $$ amount the longer they take. ESD is sooooo slow with these
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Paolo Conti
•Six MONTHS?? That's insane! Did they contact you at all during that time? I'm checking my mail obsessively every day.
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GalaxyGazer
The overpayment waiver process has significant backlogs right now. The standard processing time for waivers over $25,000 is currently 4-6 months, but I've seen some take up to 8 months. While your waiver is under review, they should not initiate collection activities - the system places an automatic hold on collections once a waiver request is properly filed. You can verify this by looking at your overpayment details in your eServices account - there should be a "collection hold" status if everything is in order. Three recommendations: 1. Send a secure message through your eServices account requesting a status update specifically on the waiver 2. Make sure you have copies of all documentation you submitted 3. Check your spam folder for any communications they might have sent If you don't get a response to your secure message within 10 business days, then I would escalate.
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Paolo Conti
•Thank you for this detailed info! I just checked my account again and yes, it does show "collection hold" so that's a relief. I'll send a secure message today asking for an update. Do you know if they typically approve waivers for financial hardship cases?
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Oliver Wagner
I was in a similar situation last year with a $36k overpayment. It took ESD almost 5 months to process my waiver. When I called, they just kept saying "it's in the queue" and couldn't give me any timeline. What I did find that helped was contacting my state representative's office - their constituent services actually reached out to ESD on my behalf and suddenly my waiver was approved two weeks later. Might be worth trying if you're getting nowhere.
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Paolo Conti
•That's brilliant! I hadn't thought about contacting my rep. Did you just call their office and explain the situation?
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Natasha Kuznetsova
I definitely understand your frustration with the wait time. I've been helping people with ESD issues for years, and overpayment waivers, especially large ones like yours, are taking significantly longer than they used to. One tip I can offer - if you need to speak directly with someone at ESD about your specific case, try using Claimyr (claimyr.com). It's a service that helps you get through to an actual ESD agent without spending hours on hold. I've seen many clients have success with it - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once you actually get through to someone, ask to speak specifically with the Benefit Payment Control unit, as they handle overpayment waivers. Having your case ID and the date you submitted the waiver ready will help expedite things.
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Javier Mendoza
•does this really work? ive wasted entire DAYS on hold with esd and either get disconnected or they say they cant help with overpayments and transfer me just to get disconnected again
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Emma Thompson
Be prepared for them to deny it the first time!!! ESD denied my waiver initially even though I qualified. They're hoping people will just give up. I had to appeal the denial and go through a hearing with the Office of Administrative Hearings. ONLY THEN did they approve my waiver. The system is designed to wear you down. Document EVERYTHING and don't miss any deadlines if they deny you.
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Paolo Conti
•Oh no, that's what I'm afraid of. I'm definitely keeping copies of everything. Did you have a lawyer for your hearing or did you represent yourself?
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Malik Davis
Have you tried calling them??? Sometimes the online system doesn't update but they've actually made a decision. I'd call first thing at 8am when they open - keep hitting redial if necessary. They might have questions about your paperwork that need to be answered before they can process it.
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Paolo Conti
•I've tried calling about 20 times over the past month. Either I can't get through at all, or when I do, I get transferred around and eventually disconnected. It's maddening!
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Javier Mendoza
ya i know someone who's waiver is still pending after 7 MONTHS so ur probably gonna be waiting a while still. esd is the worst
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Amina Sow
•how do these people still have jobs?? its like they WANT us to suffer
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Natasha Kuznetsova
Just to follow up on some of the questions here - for those having trouble reaching ESD, the Claimyr service I mentioned earlier has been really helpful for my clients. Instead of waiting on hold for hours, it actually calls ESD for you and then connects you once an agent picks up. For overpayment issues specifically, you need to speak with the Benefit Payment Control unit, not the general claims agents. As for approval rates on hardship waivers, they have strict criteria, but financial hardship with dependents (like the original poster mentioned) is one of the stronger cases. Make sure you've clearly documented your income, expenses, and why repayment would cause significant hardship.
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Emma Thompson
•I can confirm this worked for me too. After trying for weeks to get through on my own, I used this service and finally got connected to someone who could actually help with my overpayment issue.
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GalaxyGazer
To answer your question about hardship waiver approvals - yes, they do approve them regularly, but the standards are strict. For a $43,000 overpayment, they scrutinize everything more carefully. They're looking at: - Whether the overpayment was your fault (not reporting income, etc.) or ESD's error - Your current income-to-expense ratio - Future earning potential - Number of dependents - Medical circumstances - Housing stability If you submitted comprehensive documentation of your hardship and have dependents, your chances are better than average. The approval rate for waiver requests overall is around 38-42%, but for documented hardship cases with dependents, it's closer to 65%.
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Paolo Conti
•This is really helpful info, thank you! The overpayment happened because my employer reported my return-to-work date incorrectly, and I didn't catch it until ESD audited my claim. I definitely documented all my expenses, including childcare costs which are enormous. Fingers crossed I fall into that 65%!
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