ESD review period: Can I do Instacart without disqualifying my unemployment benefits?

You absolutely can work while claiming unemployment, but you MUST report all earnings when you file your weekly claim. ESD will deduct a portion of what you earn from your weekly benefit amount. If you earn more than your weekly benefit amount, you won't receive benefits for that week, but you won't be disqualified from the program altogether. For gig work like Instacart, report your gross earnings (before expenses) for the week you performed the work, not when you get paid. Keep detailed records of hours worked and earnings.

I did doordash while on unemployment last year. U have to report everything u make that week even if its just like $50. They take like 3/4 of what u make off ur benefits that week. better than nothing tho.

Be really careful with this! When I was on standby last year, I did some side work and didn't understand how to report it properly. ESD determined I had an "overpayment" and I had to pay back over $4,500!! Their formula is weird - they don't just subtract what you earned dollar-for-dollar. If your weekly benefit amount is $825, for example, and you earn $250 from Instacart, they don't just give you $575. They use some calculation where you can earn up to a certain percentage of your weekly benefit without reduction, then they start taking away more than what you earned. Definitely report ALL earnings, keep DETAILED records (screenshots of your Instacart earnings each day), and be prepared to explain everything if they call you for fact-finding.

I've been in your exact situation! The formula ESD uses is you can earn up to 25% of your weekly benefit amount with no reduction. After that, they deduct 75 cents for every dollar you earn. So if your weekly benefit is $800, you can earn up to $200 with no reduction. If you earn $300, they'd reduce your benefit by $75 (which is 75% of the $100 over your threshold). And yes, you should absolutely work and report while under review. When they approve your claim (assuming they do), they'll calculate your backpay based on your weekly claims, including any reported earnings. BTW, have you been able to get through to ESD to ask about your review status? I was stuck in review for almost a month until I used Claimyr (claimyr.com) to get through to a real agent. They have this service where they basically call ESD for you and then connect you once they get through. Saved me hours of redial hell. There's a demo video here if you're curious: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3

ESD considers you "unemployed" even if you work part time hours!!! As long as you don't make more than your weekly benefit amount. so yea u can do instacart but MAKE SURE you report every penny because they will find out if u dont. instacart reports to the irs and esd gets that info.

One critical thing no one has mentioned - when reporting Instacart earnings, you need to report the GROSS amount (before Instacart takes their cut, before expenses, before taxes). ESD considers your earnings to be the total amount paid for the service, not your net deposit. Also, make sure you're very careful about how you enter your hours worked. For each week you do gig work, you must report that you worked, enter the correct hours (even if it's just sitting in your car waiting for orders), and enter the gross earnings. Failure to report accurately could result in an overpayment determination or even fraud accusations in severe cases. Once your claim is approved, if you continue doing gig work, you'll need to satisfy job search requirements unless you get approved for standby status (which is unlikely for a regular unemployment claim in 2025).

wait so i have a question thats kinda related...if im on unemployment and start my own small business selling stuff online, do i have to report that too?? even if im not making much yet

One other thing to consider - since you mentioned your final paycheck is on hold, make sure you're reporting that correctly too. Unemployment is based on when you EARN money, not when you're paid. So if that final check is for work you did before filing for unemployment, it shouldn't affect your benefits. But if it's for work during weeks you're claiming, you'll need to report those earnings for those specific weeks. This trips up so many people! ESD's system doesn't automatically know which weeks your earnings apply to, so you have to report correctly on your weekly claims.

i did uber eats during covid when i was on unemployment and it was fine just reported everything

Just to follow up on some of the questions in this thread: 1. Yes, you should report GROSS earnings before Instacart's commission or any expenses 2. Keep your own records - screenshots of your earnings each day, hours worked, etc. While Instacart does report income eventually, it won't match up with weekly claims timing 3. For the person asking about maximum hours - there's no perfect formula, but many find it beneficial to stay under that 25% threshold of your weekly benefit amount if possible, as that income won't reduce your benefits at all 4. For the original poster: since your claim is under review, make sure you're filing weekly claims even with no payment coming through yet. Report any gig work during this time. If approved, they'll calculate back payments based on these weekly claims