Unreported income during ESD claim approval wait - overpayment consequences?
I really messed up and need some honest advice. I earned around $5,200 while waiting for my ESD claim to get approved (took nearly 3 months!) and I didn't report it. I was in such a desperate situation - facing eviction notice, utilities being shut off, couldn't afford my prescription meds, and was about to lose my car. I had already submitted a hardship request but still hadn't heard back. I'm only 26 and have always worked low-wage jobs (never above $28K annually). I know I need to report this to ESD and deal with the overpayment, but I'm terrified about what happens next. Will this permanently disqualify me from ever getting UI benefits again? Are there payment plans available? What should I say when I call them? What kind of penalties might I face? I'm already kicking myself harder than anyone here could, so please just need practical advice on next steps and consequences. Thank you.
18 comments


Miguel Alvarez
You definitely need to report this ASAP! The longer you wait, the worse it will look. ESD calls this 'fraud' if they discover it themselves vs you self-reporting. I think there's a difference in penalties.
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CyberSiren
•Thanks for responding. I'm planning to call tomorrow morning. Did anyone you know have to go through this process? I'm so nervous about what to say when I call.
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Zainab Yusuf
You're doing the right thing by self-reporting. Here's what will likely happen: ESD will calculate the overpayment amount based on what weeks you earned income. They'll send you a formal notice with the total. You can request a payment plan - they're usually pretty reasonable with the monthly amounts especially with your income level. As for future benefits, this won't permanently disqualify you, but there may be a period (typically 1-2 years) where you're ineligible. The key is being honest now and explaining your hardship situation clearly. Have your income documentation ready when you call.
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CyberSiren
•Thank you so much for this information. That's somewhat reassuring. Do you know if they typically charge interest on overpayments? And would you recommend I speak with an ESD agent directly, or is there a specific overpayment department I should ask for?
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Connor O'Reilly
I went through something similar last year. When I called, I asked for the overpayment department directly. Be prepared to provide exact dates and amounts you worked. They'll want to know which weeks you claimed benefits while working. They gave me a 24-month payment plan with no interest, but I had to fill out a financial statement form. The penalty period for me was 13 weeks where I couldn't claim benefits, but that's because I self-reported. I think it would have been a year if they caught it themselves.
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CyberSiren
•That's incredibly helpful, thank you! I'll make sure to have all my pay stubs and dates organized before I call. 24 months sounds manageable. Did they take a percentage of your income or was it a fixed monthly amount?
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Yara Khoury
the ESD people r ALWAYS looking for fraud u kno. my cousin didnt report like $800 n they found it n made him pay it all back plus a penalthy. but he still got benefits again later when he got laid off so its not forever
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CyberSiren
•Thanks for sharing that. It's good to know he was able to get benefits again later. I'm definitely going to report it myself rather than waiting for them to find it.
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Keisha Taylor
Listen, I've seen the ESD system from both sides. The most important thing right now is DOCUMENT EVERYTHING. Before you call, write down all dates you worked, exactly how much you earned each week, and which benefit weeks you claimed during that time. When you call, get the name of who you speak with and ask for a confirmation number or reference number for your self-disclosure. Follow up with an email through your ESD secure message center summarizing the call. This creates a paper trail proving you self-reported. They do waive penalties sometimes in hardship cases, especially for first-time issues, but you MUST ask specifically about penalty waivers - they won't offer it.
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CyberSiren
•This is excellent advice, thank you. I wouldn't have thought to create that paper trail or specifically ask about penalty waivers. I'll definitely follow these steps!
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StardustSeeker
Have you tried calling ESD yet to self-report? I've been trying to reach them for weeks about an issue with my claim and can never get through. Always disconnects after saying they're experiencing high call volume. So frustrating!
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Paolo Marino
•I had the same problem trying to reach ESD for weeks. Then I found this service called Claimyr that got me through to an actual ESD agent in about 20 minutes instead of spending days trying. You might want to check out their video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 or go to claimyr.com - especially for something as important as self-reporting unreported income, you probably want to talk to someone ASAP rather than sending messages that might sit in a queue forever.
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Connor O'Reilly
One more thing to consider - when you report the overpayment, ask if you qualify for an overpayment waiver. These are sometimes granted in cases of financial hardship where repayment would cause extreme financial difficulty. You'll need to fill out a form detailing all your expenses and income, and they'll make a determination. No guarantee, but worth asking since you mentioned your low income situation.
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Miguel Alvarez
•this is BAD advice!!! waivers r only for when ESD made the mistake, not when YOU didn't report income. OP will get in MORE trouble asking for a waiver for something that was clearly their fault!!!
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Keisha Taylor
Also, make sure you understand how ESD calculates deductions for part-time work. Many people don't realize you can work part-time and still get partial benefits. For every $3 you earn, your weekly benefit amount is reduced by about $1 (after the first $50 which doesn't count against you). So you might not owe back the full amount of benefits you received during those weeks. When you talk to ESD, ask them to explain exactly how they're calculating the overpayment amount.
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CyberSiren
•I had no idea about this partial benefit calculation. So it's possible I might not have to pay back the entire amount for weeks I worked? That's really helpful information, thank you!
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Zainab Yusuf
For future reference (for yourself and others reading this thread), here's how income reporting works with ESD: You must report ANY earnings during the week you earned them, not when you get paid. Even if it's just a few hours or a single gig job. Then ESD applies their formula to determine if you still qualify for partial benefits. This is one of the most common mistakes people make with unemployment claims.
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CyberSiren
•Thank you for explaining this. I definitely misunderstood how it worked. I'll make sure I have the dates I actually worked (not just when I got paid) when I call to report the overpayment.
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