ESD sent me a massive overpayment notice with no dates - what do I do?!
I'm literally shaking right now. Just opened my mail to find an ESD overpayment notice saying I owe them $4,875!! There's no explanation of which weeks they're talking about or why I supposedly owe this. The letter just has a payment receipt attached with instructions to pay them back. How is this even legal?? I reported all my earnings correctly every single week. I don't have this kind of money sitting around - I'm a bartender and things are still slow after winter. Has anyone else gotten one of these crazy notices? How do I fight this without a lawyer I can't afford? I tried calling ESD three times this morning but got disconnected each time.
20 comments
Teresa Boyd
Don't panic! I got one of those last month and managed to get it sorted. You need to appeal it ASAP - you only have 30 days from the date on the letter. Look for an appeal form/instructions somewhere in that paperwork. While waiting for your appeal, gather ALL your income documentation from the time you were on unemployment. Bank statements, pay stubs, your weekly claim submissions - everything.
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Landon Morgan
•Thank you!! I didn't even see the 30 day deadline. Where do I send the appeal? Is there a specific form or do I just write a letter explaining why I think this is wrong?
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Lourdes Fox
Call them back and ask for an itemized breakdown of exactly which weeks they're claiming overpayment for. The law requires them to tell you. I bet it's a system error - they had TONS of those last year with their computer upgrades. Make sure to file that appeal right away though, even before you get clarification.
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Bruno Simmons
•lol good luck actually getting through to ESD... I tried for 3 WEEKS before I finally got someone on the phone. their whole system is designed to make you give up and just pay whatever they want!!
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Aileen Rodriguez
I had almost the exact same situation in February! It turned out they thought I was working full-time when I was actually only picking up occasional shifts. You need to formally request a "Statement of Overpayment" from ESD that breaks down exactly which weeks they're disputing and why. There should be a form or instructions in your eServices account under the "Letters and Documents" section. Don't try to pay anything until you've gone through the appeal process - you have rights here!
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Landon Morgan
•Just checked my eServices and there's nothing in the Letters section except the same vague notice. Is there a specific name for the form I need to request? I'm really worried they'll start garnishing my wages or something while I'm trying to figure this out.
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Zane Gray
After 5 attempts to reach ESD about my own overpayment issue, I discovered Claimyr and it saved me SO much stress. I was able to connect with an actual ESD agent in less than 30 minutes (after days of trying on my own). Just go to claimyr.com and watch their demo video (https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3) to see how it works. The agent I reached was able to explain exactly which weeks were flagged on my account and why, plus sent me the proper appeal paperwork. Worth checking out when dealing with something this serious!
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Landon Morgan
•I've never heard of this before - does it actually work? I'm desperate at this point so I'll try anything. Just checked out their website and it seems legit.
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Maggie Martinez
my cousin got one of these last year for $6200!! turns out ESD mixed him up with some other guy with a similar name. took 3 months to fix but he didnt have to pay anything. DONT IGNORE IT THOUGH thats the worst thing you can do!!!!
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Alejandro Castro
•This is true - ignoring it is the absolute worst approach. The system automatically escalates unpaid overpayment notices to collections after a certain period, which can affect your credit score and potentially lead to wage garnishment. Always appeal within the 30-day window, even if you're still gathering evidence.
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Alejandro Castro
You need to request a formal appeal hearing with the Office of Administrative Hearings (OAH). This is your legal right. The appeal must be submitted within 30 days of the notice date - this is non-negotiable. Include any documentation you have showing you reported your earnings correctly. Be aware that during the appeal process, ESD likely won't take collection action, but interest may continue to accrue if the overpayment is ultimately upheld. The hearing will be conducted by phone with an Administrative Law Judge who is independent from ESD.
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Landon Morgan
•Thank you for this detailed information! I just checked and the notice is dated May 3rd, so I still have about 2 weeks to file the appeal. I'll start gathering my documentation tonight.
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Bruno Simmons
THE WHOLE SYSTEM IS RIGGED!!!! I got one of these for $3000 and spent MONTHS fighting it. Turns out they had the wrong employer listed for me the whole time!! By the time it got fixed they had already taken money from my tax return. I'm STILL trying to get that money back. ESD is the absolute WORST. Keep EVERY piece of paper they ever sent you and screenshot EVERYTHING in your eServices account before they mysteriously "update" it.
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Teresa Boyd
•I'm sorry you had such a terrible experience! While there are definitely issues with ESD's systems, I found that approaching them calmly with organized documentation eventually got my overpayment dismissed. The staff themselves are usually trying to help, they're just overwhelmed and working with outdated computer systems.
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Aileen Rodriguez
UPDATE: I used Claimyr last week after seeing it recommended here, and it actually works! Got through to ESD in about 20 minutes. The agent explained that my overpayment notice was triggered because my employer reported different quarterly earnings than what I had claimed. She sent me a detailed breakdown of the discrepancy and the specific appeal form I needed. Just submitted my appeal yesterday with copies of all my pay stubs. Definitely request a breakdown of which specific weeks they're disputing - that's essential for your appeal.
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Landon Morgan
•That's really helpful - thank you! I'm going to try calling one more time tomorrow morning right when they open, and if that doesn't work I'll check out Claimyr. My biggest concern is not knowing WHICH weeks they think I was overpaid for!
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Lourdes Fox
Did you switch jobs during your claim period or have multiple employers? That's often the cause of these mysterious overpayment notices. ESD's system sometimes fails to properly connect all your employment records, especially if you worked for multiple places or had gig work. Make sure your appeal specifically addresses this possibility if it applies to your situation.
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Landon Morgan
•Yes! I was working at two different bars during that time - one closed down temporarily during renovations which is why I qualified for partial unemployment. I bet that's the issue. I'll make sure to explain that clearly in my appeal.
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Alejandro Castro
One important thing to note: if your appeal is successful, you'll want to request a formal "waiver of overpayment" form from ESD. Even if they agree the overpayment was their error, they sometimes still expect repayment unless you specifically request a waiver. Don't skip this step! The form basically asks you to explain why repayment would cause financial hardship. Also, continue filing your weekly claims if you're still on unemployment - an overpayment notice doesn't automatically disqualify you from current benefits.
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Landon Morgan
•I finally got through to ESD this morning! Turns out they think I was working full-time at both bars simultaneously, which wasn't the case at all. I was working part-time at each, totaling less than 30 hours weekly. The agent sent me the appeal form and told me exactly which pay periods they're questioning. Going to submit all my documentation tomorrow. Thank you everyone for the help and keeping me from panicking!
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