ESD zeroed overpayment but OAH still forcing us through appeal hearing - how to end this nightmare?

wait but isnt that a good thing? if you win the appeal, then you wont have the overpayment on your record right? or am i missing something here

This happened to my cousin!! The system is sooooo broken. We spent months dealing with appeals after ESD already fixed his account. Total waste of time and caused so much stress for nothing. The different departments don't talk to each other AT ALL.

This is unfortunately common with OAH. Even though ESD zeroed the balance, the appeal process operates somewhat independently. Here's why this might be happening: 1. The judge wants to establish a legal record in case ESD tries to reinstate the overpayment later 2. The waiver decision could affect future eligibility if your husband needs benefits again 3. It could potentially impact how similar cases are handled in the future You have a few options: - File a motion to dismiss based on mootness (your attorney can help with this) - Request the judge issue a summary judgment - Ask for a written statement from ESD confirming the zero balance is permanent and not just temporary It's frustrating but sometimes these legal loose ends need to be tied up even when they seem unnecessary.

Have you tried contacting claimyr.com to get through to a higher-level ESD agent who might be able to communicate directly with OAH? I was in a similar situation (not identical but also had a disconnect between ESD decisions and ongoing appeals), and I couldn't get anyone at ESD on the phone for weeks. A friend recommended Claimyr, and they got me connected to an actual ESD specialist who was able to send documentation to OAH explaining that my case was resolved. Check out their video to see how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It might be worth a shot to get an ESD supervisor to communicate directly with OAH.

I'm an administrative law paralegal, and I've seen this happen several times with unemployment appeals. What's likely happening is that the judge wants to create legal precedent or make a ruling that could impact similar cases. Even if your specific overpayment is zeroed out, the legal questions about whether you qualified for a waiver in the first place remain unresolved from a legal standpoint. Your best approach is to: 1. Attend the hearing (unfortunately) 2. Present evidence that ESD has zeroed the balance 3. Ask for a ruling that acknowledges both the zeroing of the balance AND that you would have qualified for a waiver regardless This gives you double protection - if ESD ever tries to reinstate the overpayment (which has happened in some cases), you'll have both the zero balance AND a waiver determination as backup.

honestly the whole ESD system is such a joke. my neighbor got hit with a $22k overpayment, fought it for years, finally got it reduced to like $5k, then BOOM they turned around and added it all back plus interest. wouldn't surprise me if they're making u do this hearing so they can change their minds later and hit u with it again. the system is RIGGED

Going through something similar right now ughhh... not with an overpayment specifically but with adjudication that's still ongoing even after my benefits were approved??? Makes absolutely zero sense. Feel like I'm stuck in a time loop with ESD. Did your ULP attorney at least say how long the hearing will take? Is it in person or on zoom?

My two cents - even though it feels pointless, GO TO THE HEARING and present your case well. I skipped an appeal hearing once because ESD had already resolved my issue, then six months later they reversed their decision and reinstated the overpayment. Because I didn't show up to the original hearing, I had fewer options to fight it. Document EVERYTHING, bring multiple copies of proof showing the balance was zeroed out, and make sure you get the final determination in writing. The extra few hours of hassle now could save you years of future headaches if something goes sideways again.

wow reading all this makes me nervous... im only 3 months into my ESD saga and already losing my mind. to think this could drag on for YEARS is terrifying

One thing I've learned dealing with unemployment appeals: show up fully prepared for every hearing, even if it seems pointless. The administrative law judges can be very particular about procedure. Make sure you or your attorney clearly state at the beginning of the hearing that you believe the issue is moot due to ESD's decision to zero the balance. Get that on the record immediately before any other discussion happens.