Overturned ESD overpayment waiver denial - no longer owe $7,200!

Congratulations! This is fantastic news and a perfect example of why appealing these decisions is so important. In my experience working with unemployment claims, ESD often makes errors in their initial determinations, especially regarding overpayments. For anyone facing a similar situation, here are the key steps: 1. Always request a waiver immediately if you believe you were not at fault 2. File your appeal within 30 days (this deadline is strict!) 3. Gather ALL documentation showing you reported correctly 4. Contact the Unemployment Law Project for assistance 5. Prepare thoroughly for your hearing - be organized and concise The most common reason people win these cases is by demonstrating they provided accurate information to ESD and any overpayment resulted from the department's error rather than claimant fraud or misrepresentation.

OMG congrats!!!! im fighting mine right now too. they say i owe $4800 but i swear i reported everything right!!! how long did the whole process take from when u first appealed? im so stressed about this i cant even sleep 😭😭😭

The system is DESIGNED to make you give up. ESD knows most people will just start paying when threatened with collections because fighting it takes so much time and energy. I got hit with a $9,400 overpayment last year and I've been battling them every step. Still waiting for my hearing date. Can I ask what specific evidence helped win your case? Did you submit screen shots of your weekly claim filings? Or was it more about the communications where they told you that you qualified?

If anyone else is dealing with this, I highly recommend using Claimyr (claimyr.com) to actually get through to ESD on the phone. I was trying for WEEKS to talk to someone about my overpayment notice and kept getting disconnected. Claimyr got me through in about 25 minutes and I was able to discuss my case with a claims specialist who identified the error in my file. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It was absolutely worth it to get actual answers instead of automated messages. The claims specialist was able to flag my account for review, which helped when I later filed my appeal.

congrats man but dont get 2 excited yet. i won my hearing back in november and then ESD filed their OWN appeal to reverse it! can u believe that BS? make sure u watch ur mail for the next 30 days to see if they try to appeal your judge's decision.

I want to clarify something important: ESD can appeal an Administrative Law Judge's decision to the Commissioner's Review Office within 30 days. However, this is relatively rare for waiver cases where the judge found the claimant was without fault. In most cases, when an ALJ makes a clear finding of fact that the claimant provided all required information correctly, the Commissioner's Review Office tends to uphold that decision. The standard for overturning an ALJ's factual findings is quite high. To protect yourself, keep checking your online portal AND your mail for any notices about a Commissioner's Review. If you do receive notice of an ESD appeal, contact the Unemployment Law Project again immediately.

Wow what a relief that must be! I'm curious what made them come after you for overpayment in the first place? Was it a standby status issue or something about job search requirements? I'm currently collecting and paranoid about making mistakes that could come back to haunt me later.

Your experience mirrors mine almost exactly! I also won my overpayment appeal last month after a 14-month battle. The most frustrating part was that during the hearing, it became obvious that the ESD representative hadn't even fully reviewed my file before denying my waiver request. The judge actually commented on this during the hearing. One thing that really helped my case was having detailed records of every single interaction with ESD - phone calls (dates, times, names of representatives), copies of all correspondence, and screenshots of my weekly claim certifications showing I had reported everything correctly. For anyone facing an overpayment notice, document EVERYTHING from the very beginning. Even if you think something isn't important, save it. You never know what might end up being the key piece of evidence that saves you thousands of dollars.

Anyone else notice how ESD is suddenly finding all these "overpayments" right when the state budget is tight? Seems mighty convenient they're trying to claw back money from thousands of people who followed their instructions during the pandemic. I've talked to so many people dealing with this exact same issue! I'm glad you won your case but it's CRIMINAL that you had to fight for 2 YEARS and deal with health problems because of their incompetence. They should be paying YOU for all the stress and time wasted fighting their mistake!