Late appeal for ESD overpayment - options after judge ruled against me?

Yes, you still have options! The judge only ruled on the timeliness issue, not the merits of your case. You have 30 days to petition for review to the Commissioner's Review Office. You'll need to explain why the judge's decision about the late appeal was incorrect. If that doesn't work, you can still apply for an overpayment waiver based on financial hardship - that's completely separate from the appeal process.

the same thing hapened to me last year!! it sucks so bad. i had to setup a payment plan because they wouldnt belive that i didnt get the original notice in the mail. only $50 a month but still annoying

I WENT THROUGH THIS EXACT NIGHTMARE last month!!!! The system is RIGGED against us! The judges work FOR ESD so of course they rule in their favor. I tried calling ESD 47 TIMES over 3 weeks and either got disconnected or was on hold for hours!!! They make it IMPOSSIBLE to resolve these issues!!!

Hi there! Sorry you're going through this. The previous advice about petitioning for review is correct, but remember you only have 30 days from the judge's decision date (not the hearing date). You'll need to submit the Petition for Review form that should have been included with your judge's decision. If you don't have it, you can find it on the OAH website. For the waiver option, that's separate and you can request that even if you lose your appeal. You'll need to prove financial hardship and that the overpayment wasn't your fault. ESD looks at your income, expenses, and assets to determine if repayment would cause you significant hardship.

when this happened to me i just set up a payment plan and then after making like 2 payments i sent in the waiver form. they approved it and cancelled the rest of what i owed. worth a try

You can absolutely do both at the same time - file the petition AND request a waiver. The processes run parallel. For the waiver, you'll need to fill out the "Application for Waiver of Overpayment" form on the ESD website under the Forms section. Make sure to include DETAILED financial information and documentation - bank statements, bills, rent/mortgage, medical expenses, etc. The more documentation you provide showing hardship, the better your chances.

My brother had something like this happen but with his L&I claim not unemployment. Anyway he said what really matters is if you knew you were getting benefits you shouldn't have received. Did you know you were getting overpaid or was it ESD's mistake?

Yes, absolutely include a detailed letter with your waiver request! That's extremely important. Explain your financial situation, why repayment would cause hardship, and emphasize that the overpayment wasn't your fault. Mention that you had no way of knowing you were being overpaid at the time. For your petition to the Commissioner, focus on any reason you think the judge might have been incorrect about the timeliness issue. If your family emergency was truly serious (like a hospitalization or death), include documentation of that. If the Commissioner denies your petition, you still have the option to appeal to Superior Court, but that gets more complicated and may require an attorney.

Just remember that ESD is NOT on your side! They'll find ANY reason to deny your waiver request! A friend of mine got denied because she had $1,200 in her checking account when they reviewed her case - they said that meant she could afford to pay back the overpayment! BE CAREFUL what financial info you share!!!

I understand the concern, but you do need to be honest on your financial disclosure for the waiver. Providing incomplete information can result in automatic denial or even potential fraud issues. One last thing - if both your petition and waiver are denied, you can still negotiate a payment plan with ESD. They can go as low as $25-50 per month based on your financial situation. While not ideal, it's better than having the full amount sent to collections, which would impact your credit score and potentially lead to tax refund interception.