Finally got $16K overpayment debt forgiven after years - ESD success story
Just wanted to share some good news that might help others dealing with ESD overpayment stress. Back during Covid, I received unemployment benefits when my restaurant closed. In 2022, I got hit with a $16,000 overpayment notice saying I wasn't eligible for some reason (they claimed I quit voluntarily when the place actually shut down). I went through the whole appeal process, submitted tons of documentation, had hearings with OAH, and it felt like it would never end. The financial anxiety was brutal - I couldn't sleep thinking about that much debt hanging over me. Anyway, FINALLY got notification this week that my overpayment has been completely forgiven! It took nearly 3 years of fighting the system, but persistence paid off. Don't give up if you're in a similar situation. The relief I feel is indescribable. Has anyone else successfully fought an overpayment case?
18 comments
Rajiv Kumar
Congratulations! That's amazing news and must be such a relief. I'm currently fighting a $7,500 overpayment from 2023. Been in adjudication for 8 months already. Did you have to keep calling them for updates? I can never get through on the phone lines and my messages in eServices go unanswered for weeks.
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Isabella Russo
•Honestly, the communication was the hardest part. I had to be SUPER persistent. Left messages weekly, sent letters with delivery confirmation, and even contacted my state representative when it went past a year with no movement. What finally worked was getting a scheduled phone appointment by sending a message through eServices specifically asking for one. Good luck!
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Aria Washington
wow thats crazy 16k?? i had a 3k overpayment notice and just gave up and started payments cuz i couldnt deal with fighting them. maybe i shouldve tried harder lol
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Liam O'Reilly
•You may still be able to request a waiver even if you've started payments! The statute of limitations for ESD matters is pretty long. Check your eServices account and look for the 'Request for Overpayment Waiver' form. I've helped several people successfully get partial or full waivers, especially if paying it back would cause financial hardship. Don't just give up - the worst they can do is say no.
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Chloe Delgado
The ESD system is COMPLETELY BROKEN!!! I've been fighting a $22K overpayment for 18 months. They keep giving me different answers every time I call. First they said I needed to prove I searched for work, then they said it was because I reported income wrong, then they changed it AGAIN to some issue with my identity verification. How did you manage to actually get someone to LISTEN to your case??
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Isabella Russo
•It was definitely frustrating. The key for me was documenting EVERYTHING - dates, times, names of who I spoke with, what was said, etc. Then when I got to my hearing, I had a clear timeline showing all the contradictory info they gave me. The judge actually noted in the decision that ESD had provided inconsistent guidance. Hang in there!
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Ava Harris
If you're struggling to get through to ESD about overpayment issues, I had good results using Claimyr. It's a service that helps you connect with an actual ESD agent instead of waiting on hold for hours. I was skeptical at first, but it got me through to a representative in about 20 minutes when I'd been trying for weeks on my own. They have a video demo of how it works at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. For overpayment cases, talking to a live person really helps since these cases are so complicated.
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Chloe Delgado
•Does this actually work??? I'm so desperate at this point I'd try anything. I've been calling ESD every single day for two weeks and either get hung up on by their system or wait on hold for 3+ hours only to have the call drop.
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Jacob Lee
This gives me hope! My sister just got hit with a $12,000 overpayment from 2021 and she's been crying for days. She has two kids and absolutely can't afford to pay this back. Did you have to get a lawyer or anything?
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Isabella Russo
•I didn't use a lawyer, but I did get free help from the Unemployment Law Project. They have volunteer attorneys who can review your case and give advice, even if they don't fully represent you. They helped me prepare for my hearing and review all my documentation. Tell your sister to look them up - they were super helpful!
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Liam O'Reilly
Congratulations on your successful appeal! For anyone else dealing with overpayment issues, here are some important points to understand about the ESD appeal process: 1. You have 30 days from the date on your overpayment notice to file an appeal 2. Even if you're appealing, file for a waiver simultaneously - these are separate processes 3. Burden of proof is on ESD for most overpayment cases, not on you 4. Keep making minimum payments during appeal if possible (you'll get refunded if you win) 5. OAH hearings are typically scheduled 6-8 weeks after appeal filing 6. You can request a postponement if you need more time to gather evidence The key to winning these cases is documentation and persistence. The system is designed to be challenging, but success stories like yours show it's possible to prevail!
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Isabella Russo
•This is incredibly helpful information! I wish I'd known some of this earlier in my process. One thing I'd add is that if your overpayment is from the pandemic period, ESD now has special guidelines for certain types of overpayments that might make them easier to get waived. My case definitely benefited from these newer rules.
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Emily Thompson
I'm in adjudication right now for an overpayment notice of $5,200. Been waiting for 3 months with no updates. Does anyone know if there's a way to check the status of your adjudication? The online account just says "pending" with no other details. I'm so stressed about this because I'm a single parent and can barely pay rent as it is. Reading success stories helps though.
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Liam O'Reilly
•Unfortunately, the eServices portal doesn't show detailed status updates during adjudication. The only reliable way to check is to speak directly with an ESD agent. You can try calling first thing when they open (7:00 AM), or send a secure message through your account specifically requesting a status update on your adjudication. Be sure to include your claim ID number in every communication. If it's been more than 3 months, you might also consider contacting your state representative's office as they can sometimes help expedite cases that have exceeded normal processing timeframes.
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Jacob Lee
My brother got an overpayment notice but he just ignored it and nothing happened. Is that bad advice? Im confused about why some people have to fight for years and others just never hear about it again???
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Rajiv Kumar
•Ignoring an overpayment notice is DEFINITELY bad advice! ESD can and will garnish wages, tax refunds, and even bank accounts eventually. They may not act immediately, but these debts don't just disappear. The state has a long memory when it comes to money they believe they're owed. Your brother should address this before it escalates to collections or legal action.
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Sophie Hernandez
i remember standing in line at the food bank last year cuz of my overpayment took all my money and some lady told me she got hers forgiven but i didnt believe her. guess its really possible huh
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Isabella Russo
•It absolutely is possible! It's not easy or quick, but don't give up. The financial hardship angle is important - if you can document that paying back would cause significant hardship (like needing food assistance), that strengthens your case for forgiveness. Are you still dealing with your overpayment now?
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