ESD pandemic overpayment waiver APPROVED by judge - my success story!

Congrats! That's so great to hear! The overpayment notices are SO scary. I got one for $4,580 last month and I've been freaking out. I honestly don't even understand why they're saying I was overpaid. Something about 'not meeting job search requirements' but I DEFINITELY submitted my job searches every week!!! Did you have to wait long for your hearing date?

This gives me hope!! I'm dealing with almost the exact same situation - got laid off in January, was approved for benefits, then in April they said I quit and want $5,200 back. My employer is claiming I 'abandoned my position' because I missed two days when my car broke down, which is complete BS. I've already filed my appeal but haven't heard anything back yet. Did you have a lawyer for your hearing? I'm worried about representing myself against my former employer.

good for u but not everyone is so lucky... i had hearing last yr and judge sided with my employer even tho they LIED about everything. system is so rigged its not even funny. i still owe $6700 and they taking it from my tax returns

First, congratulations on your successful appeal! I'd like to add some helpful information for others facing overpayment notices: 1. You have THREE levels of appeal available: Reconsideration, OAH Hearing (what the original poster did), and Commissioner's Review. 2. Always request your full ESD file through a public records request - it contains all the information they're using against you, including employer statements. 3. For pandemic-era overpayments specifically, there are additional waiver options available that don't apply to regular UI overpayments. 4. The burden of proof in voluntary quit cases is on the EMPLOYER to prove you quit, not on you to prove you didn't. Your preparation sounds excellent - bringing witnesses and documentation is exactly what makes the difference in these hearings!

To answer your question about requesting records: You can submit a public records request through the ESD website under the 'Contact Us' section. Look for 'Public Records Request' link. You want to specifically request your 'complete claim file' including all employer statements and internal notes. They must respond within 5 business days, though getting the actual records might take longer. Also, for anyone trying to reach ESD about overpayment issues - I found Claimyr (claimyr.com) extremely helpful when I was dealing with my own appeal. They got me connected to a live ESD agent in about 25 minutes when I'd been trying for days on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me tons of frustration during an already stressful time.

anyone else notice that ESD seems to be sending out WAYYYY more overpayment notices this year?? feels like they're just trying to get money back from anyone they can. my neighbor, my sister, and now me all got these notices within like 2 months of each other. so sketchy.

I'm an employment attorney (though I can't give specific legal advice here). What the original poster did is exactly right - gathering documentation and witness statements is crucial. One thing I'd add: in your hearing, stick to the facts and timeline. Judges don't respond well to emotional arguments about financial hardship, but they DO respond to clear evidence showing you followed the rules. Also, make sure you continue filing weekly claims during your entire appeal process if you're still within your benefit year. If you win your appeal but haven't been filing, you can't get those weeks retroactively.

Yes, you should restart your weekly claims immediately. You may have lost those 3 weeks unless you can show good cause for not filing (and 'I didn't know I had to' usually doesn't count as good cause). The requirement to file weekly continues throughout the appeal process - think of it as preserving your potential eligibility while your case is decided.

I had a similar experience but with a different outcome. My overpayment was because ESD initially approved me for $684/week but then recalculated 6 months later and said I should've only gotten $425/week. Had to pay back over $5,000! Judge said since I received more than I was eligible for, even though it was their calculation error, I still had to repay it. I did get a payment plan though. Really depends on the specific reason for your overpayment.