Won my OAH appeal against ESD overpayment - tips for success!

congrats!!!! 🙌 thats awesome news! my sister had something similar happen last yr but she didnt fight it and now regrets it big time

Thank you!! That's exactly why I wanted to post this. So many people just give up because the whole process is so overwhelming. Tell your sister I'm sorry she went through that!

This is extremely valuable information. For others who may face a similar situation, could you share what specific evidence was most compelling? In my experience supporting clients through appeals, documentation of the separation circumstances is critical. Did you have a formal layoff notice or just the communications you mentioned? Also, were you represented by an attorney or did you handle the hearing yourself?

I represented myself (couldn't afford a lawyer). The most helpful evidence was an email chain where my boss explicitly used the words \

I'm so nervous about my upcoming hearing!!! Mine is for a different reason (they say I didn't report some income but it was actually reported just in the wrong week) but I'm TERRIFIED of public speaking and don't know how I'll get through it! Did you have to talk a lot during your hearing? Was the judge nice or mean?? I'm literally losing sleep over this and the hearing is still 3 weeks away!

The judge in my case was actually surprisingly patient. I was super nervous too! The formal-sounding paperwork makes it seem scarier than it actually is. My hearing was by phone, which helped with the nerves. You'll need to explain your side, but the judge asked specific questions that made it easier to know what to say. Just organize your documents by date, practice explaining your situation simply, and remember to breathe! You've got this!

does anyone know if you can postpone a hearing? mine is scheduled for next wednesday but i have a doctors appointment i cant miss

Yes, you can request a postponement, but you need to do it ASAP. Call the Office of Administrative Hearings (OAH) number on your hearing notice and explain your situation. Medical appointments are typically considered valid reasons, but they may require verification. Make sure to have your docket number ready when you call.

thx! will call tmrw morning

Congratulations on your successful appeal! Your experience highlights something important: documentation is absolutely critical in these cases. For those reading this thread, I recommend keeping ALL communications with your employer and ESD. \n\nAlso, make sure to read the Judge's decision carefully when you receive it. The written decision often contains important details about why they ruled in your favor, which can be useful if ESD tries to appeal the judge's decision (they have 30 days to do this). Based on what you described, it sounds like they probably won't in your case, but it's good for others to be aware.

Thanks for this advice! I didn't even consider they might appeal the judge's decision. I'll definitely read through the written decision carefully when it arrives. The judge seemed pretty firm during the hearing, saying ESD \

The ESD system is COMPLETELY BROKEN!!!! I had almost the identical situation last year - was clearly laid off, had documentation proving it, but ESD still ruled against me at my hearing. The whole thing is just a coin toss depending on which judge you get. Some of them just rubber stamp whatever ESD says no matter what evidence you have. You got lucky with a fair judge but MANY of us aren't so fortunate. I'm still paying back $4,200 for benefits I was rightfully entitled to!!!!

I'm so sorry that happened to you! You're right that there's definitely some luck involved with which judge you get. The system IS unfair in many ways. I don't think I did anything special - just got fortunate with a judge who was willing to actually examine the evidence. It shouldn't be this difficult to get benefits we're entitled to.

Has anyone here used Claimyr to get through to ESD? I spent WEEKS trying to reach someone at ESD before my appeal to try to resolve things without a hearing. After 20+ calls where I was disconnected or put on eternal hold, I found this service claimyr.com that got me connected to an actual ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nIt didn't end up resolving my issue (still needed the appeal) but at least I got to talk to someone who explained exactly what documents I should bring to the hearing. Made a huge difference in my preparation.

Wait, does this actually work??? I've been trying to reach ESD for TWO MONTHS about my issue! How much does it cost? Is it legit? I'm desperate enough to try anything at this point!!!

It definitely worked for me! They don't guarantee you'll get the answer you want from ESD (obviously), but they do get you connected to an actual person. The video demo shows exactly how it works. I was skeptical too but was at my wit's end after weeks of trying.

i had my hearing last month and still waiting for the decision... how long did it take for you to get your results?

I got my verbal decision at the end of the actual hearing (the judge told me he was ruling in my favor), but was told the written decision would take 1-2 weeks to arrive. Maybe try calling OAH to check on the status? Hope you get good news!

While some judges issue bench decisions at the hearing, many take the case

its been 24 days so i guess i should wait a bit longer before calling... the waiting is torture tho

one more question - did u have to pay back any money while waiting for the appeal? esd is taking 25% of my benefits now for an overpayment that i'm appealing and i can barely pay rent!!

You can actually request a temporary hold on collections while your appeal is pending! I submitted a hardship request through my eServices account (there's a form specifically for this). They temporarily suspended collections until after my hearing. Definitely look into that option - it saved me from financial disaster while waiting.

omg THANK YOU!!! gonna do that right now!!!

For anyone reading this thread who's preparing for an OAH appeal: remember that the burden of proof in voluntary quit cases is on ESD, not on you. This means they must prove you voluntarily quit without good cause. In discharge cases, the burden is on the employer to prove misconduct.\n\nWhen preparing, focus on:\n1. Timeline of events with supporting documentation\n2. Contradictions in the employer's statements\n3. Any procedural errors ESD made during their investigation\n\nAlso, request your complete case file from ESD before the hearing - you have a right to see all evidence they'll present.

This is gold! I wish I'd known to request my complete case file - that would have been super helpful. I was able to point out contradictions anyway, but having their full documentation would have made it easier. One thing that really helped my case was showing the timeline of when ESD suddenly changed their determination (months after initially approving me).