Will appealing ESD overpayment notice stop my current weekly benefits?

I appealed an overpayment last year and it did NOT stop my weekly benefits. You can continue filing your weekly claims and receiving benefits while your appeal is being processed. The overpayment issue is considered separate from your current claim eligibility. Just make sure you file the appeal within 30 days of the date on the overpayment notice!

Went thru same thing in novemebr. keep filing ur weeklys like normal. the appeal is seprate thing.

While your appeal is being processed, your current benefits should continue without interruption as long as you meet all other eligibility requirements. The appeal process and your weekly benefit payments are handled separately within ESD's system. However, you should be aware that if your appeal is denied, the overpayment amount will remain on your account and ESD may eventually begin recovery actions, which could include reducing future benefits by up to 50% to recover the overpayment. They can also use other collection methods like garnishing tax refunds. For your appeal, make sure you gather documentation showing you reported your income correctly - pay stubs, bank statements showing deposits, any confirmation emails or screenshots from when you filed that week's claim, etc. This evidence will be crucial in your appeal hearing.

i had same EXACT probelm last month!!! the weekly benefits keep coming in but THE SYSTEM IS SO BROKEN. they told me one thing on the phone then sent letter saying something completely different. i'm still fighting with them about my "overpayment" which wasn't even my fault!!!!

I was in your exact situation about 4 months ago. I filed an appeal for a $2,200 overpayment and kept receiving my regular benefits without any problem. My appeal took about 6 weeks to resolve - they scheduled a phone hearing with an administrative law judge where I got to explain my side. Make sure you have all your documentation ready! One thing that helped me tremendously was using Claimyr (claimyr.com) to actually get through to an ESD agent on the phone before my hearing. They have this service that helps you skip the hold times and actually get connected with someone who can explain exactly what documentation you'll need for your appeal. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Getting to speak with an actual person at ESD made a huge difference in my case because they explained exactly what the issue was with my claim and what specific evidence I needed to present during my appeal hearing.

To directly answer your question: No, filing an appeal will NOT stop your current weekly benefit payments as long as you continue to be eligible and file your weekly claims properly. The overpayment issue is handled separately. Here's what you need to know about the appeals process: 1. You must file your appeal within 30 days of the date on the overpayment notice 2. The appeal will be assigned to the Office of Administrative Hearings (OAH) 3. You'll receive a Notice of Hearing by mail with the date/time of your hearing (typically 3-8 weeks after filing) 4. The hearing is usually conducted by phone with an Administrative Law Judge 5. You can submit evidence before or during the hearing 6. After the hearing, you'll receive a written decision within 2-3 weeks If you win the appeal, the overpayment will be canceled. If you lose, you'll need to either pay it back or request a payment plan or waiver if you can demonstrate financial hardship. Make sure you have documentation showing you reported your income correctly for the week in question. This could include pay stubs, your weekly claim confirmation, bank statements, etc.

Appeals don't affect current benefits but they take FOREVER! Mine took 12 weeks last year and I lost anyway. Just warning you to be prepared for a long wait.

One thing to note - if you DO lose the appeal, you can request a waiver of the overpayment if repaying it would cause financial hardship. There's a special form for this on the ESD website. They don't advertise this option much but it's definitely available if you truly can't afford to repay.