Overpayment hearing tomorrow with ESD - urgent advice needed!
Totally freaking out right now! I have a hearing with an Administrative Law Judge tomorrow morning about an $8,750 overpayment notice from ESD. They're saying I didn't report some income correctly from my side gig last winter, but I swear I reported everything! I've never done one of these hearings before and have no idea what to expect. Will it be like a court? Do I need to dress up? What kind of questions will they ask me? Anyone been through this and can give me some last-minute advice? I'm so nervous I can barely sleep!
18 comments


Aisha Abdullah
I went through this last year. It's formal but not like a courtroom drama. Definitely dress professionally - business casual at minimum. The judge will ask you specific questions about your claim and why you believe the overpayment determination is incorrect. Make sure you have ALL your documentation ready: pay stubs, bank statements showing deposits, copies of your weekly claim certifications, and any communications with ESD. Be organized and stick to facts, not emotions.
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Mateo Rodriguez
Thanks for responding! Do they record these hearings? And should I bring printed copies of everything or can I just have it on my phone? I'm worried I'll forget what to say when put on the spot.
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Ethan Wilson
THE ENTIRE SYSTEM IS RIGGED!! I had my hearing in Jan and they sided with ESD even though I had proof!!! They already decided before u even talk. They want that $$$ back no matter what. Good luck but don't get ur hopes up. ESD is just a money grab these days.
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Aisha Abdullah
I understand your frustration, but this isn't helpful for OP right now. Many people win their appeals if they have proper documentation and present their case clearly. The judges are generally fair in my experience.
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NeonNova
i had my hearing over the phone last month for a $4k overpayment. some tips: they start EXACTLY on time so call in 5 mins early. the judge will explain everything at the start. an esd rep will probably be there too arguing against you. when they ask questions just answer directly dont ramble. they gave me a decision after 10 days and i won! good luck
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Mateo Rodriguez
That's reassuring to hear you won! Is the ESD rep like a lawyer? Should I have someone with me too?
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Yuki Tanaka
The most important thing is to bring PRINTED copies of everything. When I had my hearing, the judge specifically wanted to see documentation of all my reported earnings. The burden of proof is on you to show you reported correctly. Also, take notes during the hearing because if you need to appeal further, those notes will be crucial. And yes, it's recorded. Stay calm and just answer exactly what they ask.
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Mateo Rodriguez
Printing everything out now! Do you know if I'm allowed to bring a friend for support? This is really stressing me out.
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Carmen Diaz
After trying for THREE WEEKS to reach ESD about my overpayment notice, I finally discovered Claimyr (claimyr.com) and got through to an ESD agent in less than 2 hours! They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows exactly how it works. The agent was able to review my case before my hearing and actually corrected some of the information that was wrong in their system. It didn't completely resolve my case, but it definitely helped me prepare better for the hearing. Might be worth trying even though your hearing is tomorrow.
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NeonNova
is that service legit? i always worry about giving my info to random websites
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Carmen Diaz
Totally get that concern. It just helps you get through to ESD faster - they don't handle any of your claim details. I was skeptical too but was desperate after weeks of trying. You still talk directly to an actual ESD agent.
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Andre Laurent
My cousin had an overpayment hearing last month and she said the most important thing was having proof she tried to report correctly. If you have any screenshots of your weekly claims or emails to ESD trying to fix mistakes, those help A LOT. Did you keep any records when you filed? Also the hearings usually last like 30-45 minutes so its not super long.
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Mateo Rodriguez
I think I have some confirmation emails from when I submitted my weekly claims. Would those help? I'll dig through my email tonight.
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Emily Jackson
Make a timeline!!!! This helped me so much. Just a simple document that shows dates when you: \n1. Filed weekly claims \n2. Reported any earnings \n3. Received payments \n4. Got the overpayment notice \nand any other important dates. Judges LOVE organization and it shows you're taking it seriously. Oh and definitely have it all printed out, phones aren't allowed in some hearing rooms.
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Mateo Rodriguez
That's a great idea! Making a timeline now. I just realized I'm not even sure if my hearing is in person or over the phone. The notice just says
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Emily Jackson
Check the notice carefully - there should be instructions about whether it's in-person or phone. If it lists both an address and a phone number, call the OAH (Office of Administrative Hearings) office first thing in the morning to confirm. Better to know before you make the trip!
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Aisha Abdullah
One more important thing: if you disagree with any of the facts ESD presents during the hearing, make sure to clearly state your objection. The judge can only rule on what's discussed during the hearing. If the ESD rep says something incorrect and you don't challenge it, the judge will assume you agree with that fact. Be polite but firm if you need to correct something.
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Mateo Rodriguez
Thank you! I've put together all my documents and made that timeline. Still nervous but feeling more prepared now. I'll post an update after the hearing to let everyone know how it went. Really appreciate all the advice!
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