What happens after filing ESD overpayment appeal? Will I pay interest if I lose?

I went through this last year. Here's what to expect: 1) You should receive a confirmation letter from OAH (Office of Administrative Hearings) within 10-14 days with your case number and hearing date. If you don't get this, call them! 2) The timeline varies, but typically expect 4-6 weeks from appeal filing to hearing, and another 2-3 weeks for a decision. 3) About interest - ESD doesn't charge interest during the appeal period, but if you lose, they will expect payment arrangements pretty quickly. If you don't set up a payment plan, they can assess a 1% per month interest on unpaid balances. Make sure you organize all your documentation - pay stubs, claim screenshots, any communication with ESD. The hearing will be phone-based unless you request in-person. Be prepared to clearly explain why their determination is incorrect.

THEY WILL TAKE EVERYTHING YOU HAVE!!! I lost my appeal and now they're garnishing my wages, taking my tax returns, and threatening to put a lien on my house!!! The whole system is RIGGED against us regular folks. They purposely make the process confusing so people give up. My hearing was a joke - the judge barely let me speak and the ESD rep lied about what I reported. DON'T TRUST THEM!!!

Good luck with your appeal. I had to file one back in 2023 for a much smaller amount but it was so stressful. Make sure you check your eServices messages daily, they sometimes send important notices there instead of mail.

my cousin works at esd and she says like 60% of appeals get denied so make sure u have ALL ur proof ready. their system is messed up cuz it flagged me for overpayment too but i never even got benefits lol took 2 months to fix

I had this exact situation last year! Are you sure you reported your gross income and not your net? That's what happened to me - I reported what hit my bank account, not the pre-tax amount. Ended up having to pay it all back plus the waiting week penalty.

A few important notes about overpayment appeals: 1. Make sure you appeal ALL the weeks in question. Sometimes people only appeal part of the overpayment and then can't contest the rest later. 2. If you have timesheets that prove you didn't work during the contested weeks, that's excellent evidence. Print multiple copies and have them ready. 3. Keep filing your weekly claims if you're still eligible for benefits. The appeal doesn't stop your current claim process. 4. The hearing will be conducted by an Administrative Law Judge (ALJ) who is separate from ESD. Be respectful, concise, and stick to facts. 5. During the hearing, you'll be sworn in, the ESD representative will explain their case, and then you'll have your chance to present evidence and testimony. If you lose, you can request a payment plan based on your financial situation. Interest only accrues if you default on established payment arrangements.

I've been trying to reach ESD for weeks about my overpayment situation. Their phone lines are always busy and I never get through. Finally found a service called Claimyr that got me connected to an actual ESD agent in about 20 minutes. Worth it to actually talk to someone and get answers instead of stressing for weeks. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent explained my rights in the appeal process and confirmed exactly what documents I needed to submit. Made me feel so much better about my chances.

To address your follow-up question - yes, absolutely continue filing weekly claims if you're still unemployed and eligible. The appeal process doesn't affect your current claim status. Regarding legal representation, I handled my hearing myself, but if your case is complex or involves a large amount (which $5,800 definitely qualifies), you might want to contact the Unemployment Law Project. They provide free or low-cost legal assistance for unemployment appeals. Their advice was invaluable for me even though I represented myself.

Forgot to mention - make sure you respond to EVERYTHING they send you, even if it seems repetitive. I missed one stupid form and they used that against me in the hearing saying I was 'non-responsive' which is total BS.

my neighbor had an adjudication for almost the same thing and he showed up with all his paperwork and the judge basically dismissed the case right there because ESD made such an obvious error. sometimes these are just system glitches that a human can fix right away.