ESD waived my overpayment but can I still claim unpaid UI weeks?

congrats on getting the waiver! my sisters overpayment got waived too but smaller amount. but for the weeks u didnt claim i think ur out of luck. my understanding is u have to file every week no matter what even if u have other issues going on with ur claim. maybe u can call and ask but i woudlnt get hopes up since it was 2 years ago

The overpayment waiver and your weekly benefit eligibility are separate issues. The waiver means you don't have to repay the money ESD previously determined was overpaid to you. However, regarding the weeks you didn't claim - ESD has strict filing deadlines. Generally, you must file weekly claims within one week of the week ending date (Sunday). There is a provision for "backdating" claims in certain circumstances, but it typically only extends back a few weeks, not years. You could try requesting a "good cause" exception for the missed weeks by explaining that the overpayment notices confused you and prevented you from filing. This would require contacting ESD directly and making a formal request - but I've rarely seen these approved for such a long period of backdating.

I had something kind of similar happen in 2022 where I thought I wasn't eligible because of a disqualification letter but it turned out that was just for one week. I missed filing for like 8 weeks because I was confused. When I finally called they told me too bad so sad, those weeks are gone forever. Really sucked because it was like $4000 I could have had. The ESD system is so confusing sometimes!

From my experience working with UI claimants, here's what you need to know: 1) The overpayment waiver only applies to the specific overpayment amount that was waived. This means you don't have to pay back that money. 2) For the weeks you didn't claim: Unfortunately, there's a strict deadline for filing weekly claims. While there is a "good cause" provision for backfiling claims, it typically only extends 4 weeks back, and only in very specific circumstances. 3) The eligibility letter you received simply means you were potentially eligible during that period IF you had filed timely weekly claims. At this point, your best option is to call ESD directly and ask about filing a "good cause" exception request for the missed weeks. Be prepared with documentation showing why you reasonably believed you shouldn't file during that period. However, I must caution that after 2 years, approval is extremely unlikely. Don't give up on benefits you're currently eligible for though! The waiver means your overpayment issue is resolved.

THE SYSTEM IS RIGGED!!! They DELIBERATELY make it confusing so people don't get all their benefits. Notice how they sent you a letter saying you were eligible AFTER you stopped filing? That's not a coincidence! They save millions by confusing people with overpayment notices then quietly telling them they were eligible all along AFTER IT'S TOO LATE TO CLAIM!!!!

I had a similar situation with an overpayment notice that turned out to be an error. I couldn't get anyone on the phone for weeks - kept getting disconnected or waiting for hours. I finally used Claimyr (claimyr.com) to get through to an ESD agent and got it sorted in one call. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I'd recommend giving them a call to ask specifically about your unclaimed weeks. Even if they can't backdate all of them, maybe they can do a few weeks? Worth asking about the good cause exception others mentioned. At least you'll get a definitive answer instead of wondering what could have been.

Is the waiver retroactive? Like does it mean you were eligible the whole time? If so maybe you can argue that since they just NOW determined you were eligible all along, you should be able to claim those weeks since you were misled by their incorrect overpayment determination? Just a thought, not sure if it works that way.

For future reference for anyone reading this: If you ever receive an overpayment notice but believe you're still eligible for benefits, you should CONTINUE to file your weekly claims while simultaneously addressing the overpayment issue (either through appeal or waiver request). This preserves your rights to those benefits if the overpayment is resolved in your favor. If you stop filing weekly claims, you essentially forfeit those weeks regardless of how the overpayment situation is ultimately resolved. Always file on time, every week, until explicitly told you're ineligible by ESD.