Will my new ESD claim be denied due to unresolved PUA overpayment from 2020?

they wont deny ur new claim but they might take some money out of each payment to cover the old debt. happened to me last year, they took like 25% of each payment til it was paid off

Your new claim eligibility is separate from the overpayment issue, though they are related in how payments are processed. Here's how it works: 1. Your new claim will be evaluated based on your work history from the last 18 months and reason for separation 2. If approved, ESD typically recoups overpayments by withholding a percentage (usually 25-50%) of your weekly benefits 3. However, since you've submitted a waiver for the 2020 overpayment, they should pause collection activities while that waiver is pending Make sure to check your eServices account daily and respond to any questionnaires immediately. Be completely honest about the termination circumstances - ESD will contact your employer for their side of the story anyway. Since the incident was 2 months old and there was no prior discipline, you may have a good case that this wasn't misconduct that would disqualify you.

i had something similar happen but it was my fault i guess??? the system kept asking me to file under pua when i shouldnt have but i didnt know any better. ended up owing like $4800 but i applied for the waiver and it got approved after like 4 months. make sure u check ur email spam folder cuz thats where my approval went

The PUA/PEUC system switch was a NIGHTMARE during COVID! Same exact thing happened to me - I qualified for PEUC but their broken system kept pushing me to PUA. Then a year later they wanted $5,300 back! THE AUDACITY when it was THEIR system error!!! I fought it for 6 months and finally got it waived, but only after providing TONS of documentation. Start gathering EVERYTHING now - all your communications with ESD from 2020, any emails about system issues, screenshots of your account history, EVERYTHING. You'll need it for the waiver. As for your new claim, they SHOULD still process it, but be prepared for delays while they sort through your file history. ESD's left hand never knows what the right is doing!!!

The ESD system is incredibly frustrating to navigate, especially when dealing with multiple issues simultaneously. I've found that reaching an actual ESD agent by phone is the most effective way to resolve complex situations like yours. I struggled for weeks trying to get through their phone lines until someone recommended Claimyr (claimyr.com). They have a service that helps you get through to ESD much faster - I was able to speak with an agent within about 20 minutes instead of spending days redialing. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I got through to a live agent, they were able to explain exactly how my pending overpayment affected my new claim and put notes in my file to help process everything correctly. It saved me weeks of anxiety and uncertainty.

I work with unemployment cases regularly, and I can clarify a few things: 1. A pending overpayment dispute or waiver request will not prevent you from filing a new claim or receiving benefits if you're otherwise eligible. 2. The 2020 PUA/PEUC confusion affected thousands of claimants, and ESD is generally approving waivers for these system-related errors, especially when the system automatically redirected you. 3. Your immediate concern should be the reason for termination. If your employer contests your claim stating you were fired for misconduct (the confrontation they're labeling as "bullying"), you'll need to provide your perspective during the fact-finding interview. 4. Until your waiver is approved, ESD may withhold a portion of your benefits to recover the overpayment, but you can request a reduced recovery rate based on financial hardship. 5. Make sure you file your new claim immediately and begin completing your weekly certifications right away, even if the eligibility determination is still pending. One important tip: document everything about your termination now while it's fresh - dates, witnesses, lack of prior warnings, etc. This will be crucial if your employer contests your claim.

WAIT!!! I just remembered something important about the waiver! When I applied for mine, I almost got denied because I didn't submit proof that the overpayment wasn't my fault. Make sure you CLEARLY explain in your waiver that the system automatically switched you from PEUC to PUA without you requesting it! Also, don't wait for them to contact you about your new claim - be proactive! Call them after a week if you don't hear anything. The squeaky wheel gets the grease with ESD!!!

jst want to say sorry about ur job man. that sux when employers pull that kind of thing. happened to me 2yrs ago, boss had it out for me & waited til he had an excuse. hang in there

Quick update since there's some confusion in this thread: As of 2025, ESD has simplified their overpayment waiver process. Your pending waiver for the 2020 PUA/PEUC issue should be honored regardless of your new claim, but they are separate processes. Make sure you're answering the weekly job search questions correctly on your new claim - remember you need to document 3 job search activities each week now. This is often where people run into issues with their new claims. Also, when you describe your separation, stick to objective facts. Avoid terms like "bullying" and instead describe specific behaviors. For example, instead of "My manager was a bully," say "My manager raised his voice and criticized my work in front of colleagues on multiple occasions." This factual approach strengthens your case.