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Will ESD automatically deduct my $411 overpayment from next week's benefits?

I just got a letter from ESD saying I have an overpayment of $411 from when I reported my hours wrong back in March. The letter is confusing me because it talks about different repayment options but doesn't clearly say if they'll automatically take it from my current claim. I'm still on unemployment and really need my full benefit amount next week for rent. Has anyone dealt with overpayments while still receiving benefits? Do they automatically deduct it or can I set up a payment plan? I'm freaking out because I can't afford to lose a whole week of benefits right now.

Joshua Hellan

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they'll take it unless u call them and set up payment plan. happened to me last year and they took my WHOLE CHECK without warning!! so annoying

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Olivia Kay

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Oh no, that's exactly what I'm worried about! Did you try calling them before they took it or only after?

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Jibriel Kohn

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The same thing happened to my brother-in-law and they definitely took it out automatically. ESD considers it a recovery of funds they already paid you, not a new debt. I think there's a form on the website to request a payment plan if you have financial hardship, but you need to submit it BEFORE they process your next weekly claim!!

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Olivia Kay

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Thank you! Do you know what that form is called? I can't find anything about payment plans in my eServices account.

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Edison Estevez

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ESD will typically recover overpayments by taking 100% of future benefits until the debt is paid, but you have options. You need to submit the "Request for Overpayment Recovery Waiver or Negotiated Payment Schedule" form (ESD form 09-160) as soon as possible. This allows you to either request a hardship waiver or set up a payment plan that takes a smaller portion of your weekly benefits. The form isn't in eServices - you need to download it from the ESD website, complete it, and either upload it through your account message center or fax/mail it. Make sure to include documentation of your financial hardship (rent agreement, utility bills, etc). The important thing is to act before your next weekly claim is processed, as recovery is automatic otherwise.

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Olivia Kay

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Thank you so much! I found the form and am filling it out now. Do you know how quickly they usually process these requests? My next weekly claim is due on Sunday.

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been there!! i submitted that form last year but they STILL took my payment before processing my request 😠 good luck getting through to anyone at ESD by phone too - took me 23 calls over 3 days just to get in the queue!!

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James Johnson

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I had the EXACT same experience trying to reach ESD about an overpayment. After days of trying, I found this service called Claimyr that got me through to an actual ESD agent in under 25 minutes. Totally worth checking out their demo video to see how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Their website is claimyr.com - might save you some frustration if you need to talk to someone about this payment plan ASAP before they take your money.

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Olivia Kay

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Update: I submitted the form and documents yesterday through the message center, but haven't heard anything back. I also tried calling ESD this morning but couldn't get through after an hour of trying. I'm going to try that Claimyr thing mentioned below because I really need to talk to someone before Sunday. Will let everyone know how it goes!

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Don't worry too much! In my experience, even if they do take the full amount from one week, you can still get it sorted out after the fact. I had a $529 overpayment last winter and they took it all at once, but after I submitted the hardship form they refunded part of it and set up a payment plan for the rest. Just keep documentation of everything and stay on top of it. The ESD system is frustrating but they do eventually get things resolved.

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Mia Green

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Good news - ESD doesn't always take the entire amount at once. By law, they need to leave you with at least 25% of your weekly benefit amount if you can demonstrate financial hardship, which it sounds like you can. So worst case scenario, they'll take 75% of your benefit amount, not the whole thing. Make sure you're very specific about your hardship circumstances in your request form and provide as much documentation as possible. And just to clarify something I've seen confused in other comments: the hardship waiver (where they forgive some/all of the debt) is different from a payment plan. The hardship waiver is much harder to get approved and typically only happens if the overpayment wasn't your fault. Since you mentioned you reported hours incorrectly, they'll likely not approve a waiver but should approve a payment plan.

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Olivia Kay

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Thank you for explaining the difference! I definitely caused the overpayment by misreporting my hours, so I'm not expecting a waiver - just hoping for a payment plan. I did include copies of my rental agreement showing my rent is due next week and that it's more than 80% of my weekly benefit amount. Hopefully that's enough documentation.

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Olivia Kay

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Final update: Success! I used that Claimyr service and actually got through to someone at ESD this afternoon. They confirmed they received my payment plan request and put a hold on the automatic recovery until they review my documents. The agent said it typically takes 5-7 business days to review payment plan requests but she noted in my file that my next payment is coming up soon. She also confirmed that if approved, they'll only take 25% of my benefits each week instead of the full amount. What a relief! Thanks everyone for your help!

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Jibriel Kohn

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That's great news! Thanks for updating us. The ESD system can be so frustrating and it's good to hear when something actually works out.

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