Conditional Payments


A court decision (O'Brien v ESD) prohibits us from pending or holding payment to claimants during the course of a claim when we detect an eligibility issue. Simply put, you have the right to continue to receive payment(s) while we investigate the issue.

These payments are called conditional payments. You will receive conditional payments when an eligibility issues arises and:

  • You have received credit for a waiting period week and
  • You are currently receiving unemployment insurance benefits or,
  • Have received waiting period credit and/or benefits within the last four weeks from issue detection
When your payment is conditional we will tell you in writing and give you notice and opportunity to respond to our questions before issuing an eligibility decision.

If we deny benefits, you must repay any conditional payments. We will send you a written decision that tells you:

  • Why your benefits are denied
  • The amount of your overpayment and
  • Your right to appeal the decision if you disagree with the it