ESD taking money from new claim to pay off old overpayment - how much do they deduct weekly?
I'm in a weird situation right now. I got laid off last month and just opened a new unemployment claim. However, back in 2023 I had an overpayment situation where ESD determined I was paid about $4,200 that I wasn't eligible for. I never finished paying that off. Now that I'm filing a new claim, I'm worried about how much they're going to take out of my weekly benefits to recoup that old overpayment. Does anyone know what percentage they typically garnish? Will they take the whole check? I'm really stressed because I need enough to cover rent and bills while job hunting. Also, is there any way to negotiate a lower payment plan with them even though I'm on unemployment again? Thanks in advance for any advice!
19 comments
Adrian Hughes
They'll take 50% of your weekly benefit amount until the overpayment is fully recovered. So if your WBA is $800, they'll withhold $400 each week. This happened to me in 2024 when I had to repay about $2,800 from a disqualification. The deduction should be clearly shown on your payment details when you check your account.
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Lara Woods
•Thanks for the info! 50% is tough but at least it's not everything. Did you notice if there's any way to negotiate that percentage down if I can prove financial hardship?
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Molly Chambers
That's not entirely accurate. While 50% is the STANDARD collection rate, you can request a lower rate if you can demonstrate financial hardship. You need to call ESD directly and complete their financial hardship form. I've seen people get it reduced to 25% when they could provide documentation showing their regular expenses exceeded their remaining benefits after the 50% deduction.
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Adrian Hughes
•Oh really? When I had my overpayment they never mentioned I could get a lower rate. Good to know for the future I guess.
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Lara Woods
Thanks for this info! Has anyone successfully completed the hardship application? What kind of documentation did they require?
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Ian Armstrong
•i did the hardship thing last yr. had to send bank statements, bills, rent agreement, basicly everything showing what money comes in and goes out every month. took like 3 weeks for them to approve but they lowered mine to 35% instead of 50%. still sucked but better than nothing lol
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Eli Butler
THE SYSTEM IS RIGGED AGAINST US!!! They create these complicated rules so people end up with overpayments, then they take HALF your benefits when you're already struggling! I had an overpayment from a simple reporting error and they garnished 50% for MONTHS even though I explained it wasn't my fault and I couldn't pay my utilities. They don't care about real people!!!!
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Marcus Patterson
•I understand your frustration, but the 50% collection is actually mandated by state regulations, not arbitrary ESD policy. While I agree it can create hardship, there are options like the financial hardship application that can help reduce the percentage. It may be worth exploring that route rather than assuming there's no flexibility.
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Lydia Bailey
Good luck reaching anyone at ESD to discuss your options! I spent THREE WEEKS trying to get through to talk about my overpayment situation - constant busy signals and disconnections. Finally used a service called Claimyr (claimyr.com) that got me connected to an ESD agent in about 30 minutes. They have a video showing how it works at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was super helpful for getting my overpayment issue resolved quickly instead of waiting forever.
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Lara Woods
•Wow, I've never heard of that service. Did it really get you through that quickly? I've been calling ESD for days with no luck.
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Mateo Warren
•I tried Claimyr too when I had issues with my overpayment calculation. Got through in about 20 minutes when I'd been trying for days on my own. Worth it if you're desperate to talk to someone.
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Sofia Price
Just to add some important info - if your overpayment was due to fraud (knowingly misreporting), they can take up to 100% of your benefits. If it was a non-fraud overpayment (honest mistake or ESD error), then the standard is 50% but can be reduced with hardship application. Also, the collections pause after 3 years if you haven't been on unemployment and haven't made payments, but restart once you file a new claim.
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Lara Woods
•Mine wasn't fraud - they just determined later that I didn't qualify for some weeks I was paid for. So I guess the 50% rule applies to me unless I get the hardship reduction. Thanks for explaining the difference!
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Ian Armstrong
hey this reminds me, does anyone know if they can take your tax refund too for esd overpayments? i heard they can but my brother said they didnt take his
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Marcus Patterson
•Yes, ESD can intercept your state tax refund for overpayment collection. However, they typically only do this after sending multiple notices and if you have no active payment plan or hardship reduction in place. For federal tax refunds, they need to go through the Treasury Offset Program, which they generally only do for fraud cases or long-term delinquent accounts.
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Eli Butler
One thing that drives me CRAZY is they don't even tell you properly when they're taking money! My friend just found out they were taking 50% when her payment was half what she expected. No advance notice, no explanation, NOTHING! Check your payment details carefully because they won't warn you before they start taking money!
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Adrian Hughes
•This is true - I only found out when I saw my first payment was lower. Then I had to dig through the payment details to see what was happening. Would have been nice to get some kind of heads up.
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Marcus Patterson
To ensure you're fully informed about your situation, I recommend taking the following steps: 1. Print out your current overpayment balance from your ESD account (under the "Overpayment" section) 2. Complete the Financial Hardship Application (Form ESD 640-001) if the 50% reduction would cause severe hardship 3. Include all required documentation of income and expenses 4. While waiting for processing, track your weekly benefit amount and the actual payment received 5. Budget accordingly, assuming 50% reduction until you receive written notification of a lower percentage The good news is that paying off the overpayment through this method doesn't impact your credit score the way other collection methods might.
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Lara Woods
•Thank you so much for this detailed advice. I'm going to look for that form right now and get started on the application. Really appreciate everyone's help here!
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