Has anyone won an ESD overpayment appeal? Need advice on repayment timelines and amounts
I just got hit with an ESD overpayment notice for $4,800 that they claim I wasn't eligible for. I'm thinking about filing an appeal but not sure if it's worth the effort or stress. Has anyone actually WON one of these appeals? What was your experience like at the hearing? Also, I'm worried about how quickly they'll start demanding repayment. If you've dealt with an overpayment, how long did you have before you had to start paying it back? And how much did they make you pay each month? I'm barely making ends meet as it is and this overpayment would totally wreck me financially.
16 comments
Yuki Yamamoto
I won my appeal last year, but it took persistence. The key is documentation - I had screenshots of all my weekly claims, emails from employers confirming my work search activities, and detailed notes from every interaction with ESD. During the hearing, the judge was actually pretty fair and listened to my explanation. As for repayment, if you lose the appeal, they typically want you to start paying within 30 days. They'll set up a monthly payment plan based on your income, but you can negotiate the amount if it's too high. In my friend's case before he won his appeal, they initially wanted $350/month but he got it down to $120 because he showed proof of his expenses.
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Ethan Brown
•Thank you! That gives me hope. Did you represent yourself or did you have a lawyer? What kind of questions did they ask during the hearing? I'm so nervous about the whole process.
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Carmen Ruiz
I lost my appeal and it was TERRIBLE. The judge didnt even let me finish explaining before making a decision. They started garnishing my wages within 60 days and take 15% of my check every week now. The whole system is rigged against us!!
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Ethan Brown
•Oh no, that's exactly what I'm afraid of. Did you bring any documentation to your hearing? I wonder if that made a difference for the person above who won their appeal.
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Andre Lefebvre
I won my appeal for a $5,200 overpayment in March 2025. Here's exactly what worked for me: 1. I requested ALL my claim records through a formal records request before the hearing 2. I printed out the specific ESD rules they claimed I violated 3. I wrote a clear timeline of all my actions with supporting documents 4. I practiced explaining my case simply and clearly 5. During the hearing, I stayed calm and stuck to facts, not emotions If you lose, you typically get a 30-day grace period before repayment starts. Then, you can request a monthly payment plan based on your financial situation. They'll usually work with you if you show good faith and documentation of your finances. I've heard of payment plans as low as $50/month for people with limited income.
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Zoe Dimitriou
•this is good advice! my cousin had same problem and she made a payment plan for like $75 a month i think... the important thing is to call them and explain ur situation dont just ignore it or theyll garnish ur wages
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QuantumQuest
Has anyone tried Claimyr for getting through to ESD about these overpayment issues? I was dealing with a similiar problem where they said I owed $3,600, but I couldn't get anyone on the phone to explain why. Then I used claimyr.com and got connected to an actual ESD agent in less than an hour! The agent reviewed my case and found they had made a calculation error. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Definitely worth it for getting these complicated issues resolved quickly.
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Ethan Brown
•I've never heard of this service before. Did you really get through that quickly? I've been calling for days with no luck. I'll check out that demo - at this point I'm desperate to talk to someone who can actually explain this overpayment situation.
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Jamal Anderson
i had an overpayment of like $2800 last year cuz they said i didnt report some income right. i didnt appeal cuz i was scared of the whole court thing lol. but i called and the lady set me up with a $95/month payment plan. its not too bad honestly, better than having to pay it all at once!!! they take ur finances into account when setting the amount
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Mei Zhang
•That's actually really good to know. I'm dealing with an overpayment right now - different situation though, mine was because I supposedly didn't complete enough job search activities (which is wrong, I did them all!) But I'm glad to hear they're reasonable about the payment plans. I'm going to try to appeal first though.
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Yuki Yamamoto
One crucial thing to prepare for your appeal: get a detailed explanation of WHY they're claiming an overpayment. Sometimes ESD makes administrative errors. In my case, they had incorrectly coded my job separation reason, which affected my eligibility. By pointing out their specific error (with documentation), I won my appeal. If you do end up having to repay, know that the standard repayment plans can range from 12-48 months depending on the amount and your financial situation. You can also request hardship consideration with proof of your income and expenses, which can further reduce the monthly amount. Document everything and stay organized - that's the key to winning these appeals.
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Ethan Brown
•I think that might be what happened in my case too! The determination letter mentions something about my separation reason, but I was laid off due to lack of work, which should qualify me. I'm definitely going to appeal now and gather all my documentation. Thank you for the detailed advice!
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Carmen Ruiz
The problem with ESD is they're so INCONSISTENT!! My friend and I had almost identical overpayment situations but she got a payment plan of $60/month and they wanted me to pay $225/month!! When I asked why, they just gave me some generic explanation about "financial assessment" but wouldn't explain the actual formula. Its just whoever you get on the phone that day and what mood theyre in!!! The whole system is broken.
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Zoe Dimitriou
•omg so true!!! my brothers repayment is way higher than mine was and we make about the same money. its like totally random sometimes
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Andre Lefebvre
To add to my earlier comment about winning appeals - preparation is everything. The Administrative Law Judges who hear these cases have very specific procedures. A few more tips: 1. The burden of proof is on ESD, not you. They must prove you weren't eligible. 2. You can request a postponement if you need more time to gather evidence. 3. You can call witnesses (like former employers) to testify on your behalf. 4. Keep your testimony focused on the specific issue in the determination letter. Regarding repayment: if you're experiencing financial hardship, you can request a reduction or waiver of the overpayment. You'll need to complete ESD's financial statement form and provide documentation of your income and expenses. In extreme cases of hardship, I've seen ESD waive overpayments entirely.
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Ethan Brown
•This is incredibly helpful information! I didn't know I could potentially get a waiver if I can prove financial hardship. I'll start gathering all my financial records along with the documentation about my separation reason. I really appreciate everyone's help here - I was feeling completely lost before.
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