ESD overpayment waiver success stories after hearing denial? (Owe $17k)

Sorry you're dealing with this! Yes, you can still pursue a waiver after a hearing loss. Waivers are separate from the appeal process and are based on your financial circumstances and whether repayment would cause undue hardship. Here's what you need to do: 1. Fill out the "Application for Overpayment Waiver" form (ESD call center can email it to you) 2. Gather documentation of ALL your financial hardships (bank statements, bills, rent/mortgage, medical expenses, etc.) 3. Write a detailed hardship statement explaining why repayment would cause severe financial or personal difficulty For offer in compromise, I've seen ESD accept as little as 25-40% of the original amount for people with documented hardship. The more comprehensive your financial documentation, the better your chances.

I went through almost the exact same situation last year, except mine was $13,850. I lost my hearing because I missed some stupid checkbox on the original paperwork (not late filing), but the end result was the same - full denial. I applied for a waiver and got partial forgiveness - they reduced it to $6,925 (50%). What really made the difference was documentation. I provided EVERYTHING - all my bank statements showing negative balances, credit card statements showing I was using credit for basic necessities, medical bills, and a detailed budget showing I couldn't pay my current expenses, let alone the overpayment. The offer in compromise is another good option if the waiver doesn't work completely. They look at your ability to pay anything at all. Worth trying both approaches.

this is EXACTLY why i tell everyone to be super careful with ESD!!! they give you money then come back months or years later demanding it back with basically NO consideration for your situation. the system is designed to trip you up. i got hit with a $9k overpayment in 2024 and appealed right away and STILL lost. complete nightmare dealing with them.

ok so i know this isnt what you asked but have you tried actually TALKING to someone at ESD about your options? like on the phone? i had a smaller overpayment issue ($4k) and after two WEEKS of calling and getting nowhere i found this service called Claimyr that got me connected to an ESD agent in like 20 mins instead of waiting on hold forever or getting hung up on. website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 the ESD person i talked to was actually super helpful and walked me through all my options including the waiver process and how to document everything properly. sometimes just getting a human on the phone makes all the difference!!

I am helping a friend with exactly this situation right now and here's some things you need to know that others haven't mentioned: 1) There are actually TWO types of waivers - fault and non-fault. Non-fault is easier to get but fault waivers (which sounds like your case) require more documentation. 2) You only have 30 days from the date of the hearing decision to file a Commissioner's Review to contest the judge's decision. Miss that deadline and you lose that option forever. 3) ESD is legally required to consider your ability to pay regardless of the outcome of appeals/hearings. 4) Medical hardship is one of the strongest cases for a waiver, so definitely emphasize your hospitalization. My friend got a 75% reduction ($22k down to $5.5k) based primarily on medical documentation and proving financial hardship. The process took about 3 months from application to decision.

anybody else notice how the ESD website has info about waivers but makes it SUPER hard to find the actual forms????? its like they dont WANT you to know your rights. took me forever to figure out how to even apply

I work with clients dealing with ESD issues regularly, and here's what I recommend in your situation: 1. Definitely pursue BOTH the Commissioner's Review of your hearing denial AND an overpayment waiver application. They are separate processes. 2. For the Commissioner's Review, focus on why you had good cause for filing late (your hospitalization and family care responsibilities). Include medical documentation if possible. 3. For the waiver, there are specific financial thresholds that ESD looks at. A successful waiver application typically demonstrates that: - Your essential living expenses exceed your income - You have limited or no assets that could be liquidated - Repayment would cause significant hardship (inability to afford housing, medical care, etc.) 4. If both are denied, the offer in compromise is your next step. I've seen ESD accept as little as 20% for documented hardship cases, though 30-50% is more common. The key with ALL of these options is thorough documentation and prompt response to any requests for additional information.

just be prepared for how SLOW the waiver process is!! took 4+ months for them to review mine and then they denied it anyway 😡 they don't make it easy on purpose

I want to thank everyone for all this helpful information. I finally reached an ESD agent this morning using that Claimyr service someone recommended, and they confirmed I can pursue both the Commissioner's Review and a waiver simultaneously! The agent actually emailed me all the necessary waiver forms while we were on the phone and walked me through what documentation I'll need to provide. They also said that even if everything gets denied, I can still set up a payment plan as low as $50/month if I demonstrate financial hardship. I feel like I finally have a path forward instead of just panicking. Will update once I hear back about either process. Thank you all again for sharing your experiences!