ESD slammed me with mystery overpayment - can't get hearing since January 2022
I am beyond frustrated with this ridiculous overpayment situation! Back in January 2022, ESD suddenly decided I owe them money - no explanation, no breakdown, nothing. I've checked my eServices messages and letters literally DOZENS of times looking for any clue about why they think I owe this money. \n\nI've been trying to get a hearing scheduled for over THREE YEARS now (since January 2022)! How is this even legal? Today I finally called the governor's office hoping for some help, and the woman was completely cold. She basically said "sorry, can't help, it's a legal issue" and brushed me off. \n\nThe only somewhat useful thing she did was give me the number for Office of Administrative Hearings, who said they don't even have a hearing request from me on file! They're supposedly sending my info to ESD to get one scheduled and told me to call back in a week if I don't hear anything.\n\nI'm absolutely baffled. How am I supposed to prepare for a hearing when I don't even know what I'm being accused of? What exactly do they think I did wrong? How can they demand money without telling me why? Isn't there something in the Constitution about facing your accuser? This feels completely wrong and I'm reaching my breaking point.
18 comments
Giovanni Martello
I went through something very similar last year. The key is to request your entire claim file through a public records request. Go to the ESD website, find the public disclosure section, and submit a request for ALL documents related to your claim, including internal notes. The overpayment should have a specific code or reason attached to it in their system even if they didn't communicate it properly to you.\n\nOnce you have that information, you'll know what you're fighting against. In my case, they claimed I didn't report some earnings, but when I got the records, I could see it was actually their error in processing my weekly claims. Took about 4 weeks to get the records but was absolutely worth it.
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Grant Vikers
Thank you so much for this advice! I never thought about requesting my entire file. Do you know how long the public records process usually takes? I'm worried they'll schedule this mysterious hearing before I can even get the documents to prepare.
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Savannah Weiner
Omg this exact thing happend to me!!! Except mine was from 2023 and they said i owed $4700 back!!! I tried calling like 50 times and nobody answers or they hang up. The whole system is a SCAM they just want to take our money and theres nothing we can do about it because we cant even talk to a human!!!
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Levi Parker
It's definitely not a scam, but their communication is terrible. I found that calling right when they open at 8:00am on Tuesdays or Wednesdays had the best chance of getting through. Also, have you checked your determination letters in eServices? Sometimes the overpayment reason is buried in there but not clearly marked as related to the overpayment.
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Libby Hassan
I had a similar situation and discovered that Claimyr (claimyr.com) can help you get through to an actual ESD agent quickly. I was on hold with ESD for days before I found their service. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nOnce I got through to an agent, they explained my overpayment was due to a system error where they didn't properly account for my part-time work during one quarter. The agent was able to see the specific reason code and explained everything that wasn't in the letters I received. Worth trying if you're desperate to speak to someone.
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Hunter Hampton
Does that service actually work? I've been hearing about it but wasn't sure if it was legit or just another way to waste money when dealing with ESD.
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Sofia Peña
Your getting a overpayment doesnt make sense if you havent even had a hearing yet!! Normally they do the hearing FIRST and then decide if you owe money. Sounds like they messed up the order of operations. Have u checked your spam folder? Sometimes ESD emails go there and then you miss the hearing date.
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Grant Vikers
I've checked everywhere - spam, trash, regular inbox, physical mail pile, everything. There's literally no explanation anywhere. It's like they decided I owe money and then just never told me why or gave me a chance to dispute it. And now three years of trying to get a hearing? It's insane!
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Levi Parker
I work with unemployment cases often, and this sounds like your case got caught in what we call
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Grant Vikers
This is incredibly helpful information! I didn't know I could file directly with OAH - I've only been trying through ESD. I'm going to do this first thing tomorrow morning. Should I also mention the lack of explanation for the overpayment in my appeal?
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Aaron Boston
They did this to my brother in law too. Here's the messed up part - he finally got his hearing after fighting for months and the judge was like \
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Savannah Weiner
Exactly!!!! They do this on purpose hoping people will just give up and pay!!!! It's literally THEFT by the government!!!!!
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Levi Parker
To answer your follow-up question - yes, absolutely mention the lack of explanation in your appeal. Specifically state: \
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Grant Vikers
Thank you so much! I've submitted both the appeal to OAH and the public records request this morning. The OAH representative actually seemed surprised that this has been going on since 2022. They gave me a tracking number and said someone would contact me within 5 business days to schedule a hearing. Fingers crossed this actually goes somewhere this time!
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Giovanni Martello
Quick update on the public records request timing - when I did mine last year, it took 21 days to receive the full file. They're required by law to respond within 5 business days, but that response is usually just acknowledging your request, not providing the documents. Make sure to specify that you need all documents related to the overpayment determination specifically, including internal notes and the overpayment calculation sheet.
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Grant Vikers
That's really helpful to know about the timeline. I hope I get the documents before any hearing is scheduled. Do you think I should call OAH and let them know I'm waiting for these documents so they don't schedule the hearing too soon?
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Levi Parker
Yes, definitely inform OAH that you're awaiting documents from a public records request. You can request that they schedule the hearing with enough time for you to receive and review those documents. They're generally accommodating with this type of procedural request.\n\nIf the hearing gets scheduled before you receive your documents, you can also file for a continuance (postponement) based on waiting for essential documentation. Just be sure to file that request as soon as you get the hearing date, not at the last minute.
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Libby Hassan
This is all great advice. One more thing - when you finally do get your hearing, make sure to prepare a timeline document showing all your attempts to resolve this since 2022. Judges take the \
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