ESD says I owe overpayment after missing a hearing I never knew about - Appeal options?
I'm totally freaking out right now. I logged into my ESD account this morning to check my benefits status and got hit with an overpayment notice saying I need to pay back $5,800!!! Apparently there was some kind of hearing or determination that happened last month, but I NEVER received any notification about it - not by mail, email, or in my eServices inbox. The notice says I was disqualified because I "failed to appear" at a hearing date, but how can I appear if I didn't even know about it? The determination letter says I have 30 days to file an appeal, but I'm not sure if that's from today (when I discovered it) or from whenever they made the decision. Does anyone know if I have a good case for appeal since I never got notified? Has this happened to anyone else? I literally can't afford to pay this back and I'm panicking.
14 comments
Join the conversation
Finnegan Gunn
YES - file an appeal immediately! You absolutely have a case for appeal based on not receiving proper notification. The 30 days is from the mailing date on the determination letter. Look at the top right of the letter and you'll see a date - that's when your 30-day clock started. If you're close to or past that deadline, still file and explain that you never received notification of the hearing. Include in your appeal that you checked all communication channels (mail, email, eServices inbox) and received no notification about the hearing. Request a new hearing based on lack of proper notice. Make sure to file using the official appeal form on the ESD website or send a written appeal to the address on your determination letter. Keep checking your mail carefully going forward - sometimes ESD uses an odd return address that looks like junk mail.
0 coins
Alina Rosenthal
•Thank you! The determination letter is dated 3 weeks ago, so I should still have time. When I file the appeal, do I need to provide any specific evidence that I didn't receive notification? I'm worried they'll just say they sent it even though I never got it.
0 coins
Miguel Harvey
Same thing happened 2 me last yr! ESD claims they sent notice but i never got nothing. I appealed and still lost cuz they said they had proof they sent it even tho i never got it. systm is BS
0 coins
Ashley Simian
•Not necessarily true for everyone. I won my appeal based on non-receipt of notification. The key is to explain that you regularly check your mail and eServices account, and have received other ESD communications successfully in the past. This establishes that there was likely an error on their end rather than you just missing or ignoring the notice. Also OP - make sure you state in your appeal that you had no reason to intentionally miss the hearing since doing so would obviously harm your case. This helps establish that non-appearance was due to lack of notice, not avoidance.
0 coins
Oliver Cheng
OMG this EXACT THING is happening to me right now!!!! I got hit with a $7,350 overpayment for a hearing I didn't even know was scheduled. I've been trying to call ESD for DAYS but can't get through - just endless busy signals or it hangs up after I wait on hold for like an hour. How are we supposed to resolve these issues if we can't even talk to anyone???? The whole system is designed to make us fail I swear.
0 coins
Taylor To
•Have you tried Claimyr? It's a service that helps you get through to ESD phone lines without the endless busy signals. I was in a similar situation with an overpayment issue and was going crazy trying to reach someone. I used Claimyr and got through to an agent in about 45 minutes instead of days of trying. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Their website is claimyr.com. It was genuinely helpful when I was dealing with my overpayment appeal situation and needed to talk to an actual person at ESD.
0 coins
Ella Cofer
make sure you continue filing weekly claims even while your appealing!! alot of people dont know this but if u stop filing during appeal and then win, u cant get those weeks back!!
0 coins
Kevin Bell
Just want to point out that there's a difference between a "fact-finding interview" and an "appeal hearing." You might have missed a fact-finding interview, which then resulted in a determination against you. Now you're appealing that determination. The appeal hearing is different and will be scheduled after you file your appeal. Many people get these confused. When you file your appeal, be very specific about dates. Say exactly when you checked your eServices messages, when you checked your mail, etc. The more specific you are, the more credible your case.
0 coins
Alina Rosenthal
•That makes so much more sense! Looking at it again, you're right - it was a fact-finding interview I supposedly missed, not an appeal hearing. Thank you for clarifying. I'll definitely include specific dates when I file my appeal.
0 coins
Finnegan Gunn
One more important thing: when you file your appeal, request a waiver of the overpayment as well. Even if you lose the appeal about the disqualification, you might still be able to get the overpayment waived if paying it back would cause financial hardship and you received the benefits through no fault of your own (like not receiving notification). Also, there's an option to set up a payment plan if needed, but focus on winning the appeal first.
0 coins
Miguel Harvey
those notices are sooo confusing!!! i thought i had a phone interview but it was actually saying they already made a decision WITHOUT interviewing me and i had to appeal. the whole system is designed to trick people i swear
0 coins
Ella Cofer
•YES!! the letters are impossible to understand sometimes. like they use all these legal terms and dont explain anything clearly
0 coins
Alina Rosenthal
Just wanted to update - I filed my appeal yesterday and included all the specific details about not receiving any notification. I also requested that the overpayment be waived even if they don't reverse the disqualification decision. Now the waiting game begins... thanks everyone for your help!
0 coins
Finnegan Gunn
•Good job! Make sure you continue filing your weekly claims if you're still unemployed, like someone mentioned above. The appeal process can take 6-8 weeks, so be prepared for a wait. Keep checking your mail and eServices account daily from now on for any communication about your appeal hearing date.
0 coins