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Make sure to request a waiver of the overpayment! Even if you lose the appeal, you can still request that they waive repayment due to financial hardship or because the overpayment wasn't your fault. I got my $3,200 overpayment completely waived after showing I couldn't afford to pay it back on my current income.
UPDATE: After looking at the responses here, I wanted to share that there's now a class action lawsuit against ESD over these mass overpayment notices. You might want to Google it and see if you qualify to join. It argues that ESD approved claims based on their guidance at the time, and can't retroactively change interpretation of eligibility rules years later.
Just looked it up - thanks for mentioning this! I'm definitely going to follow that case. In the meantime, I got through to ESD today (using that Claimyr service someone mentioned above) and found out they're claiming I didn't provide enough job search proof for weeks 10-20 of my claim. I'm gathering all my emails showing job applications from that period.
I work in HR and can confirm this is 100% legitimate. We've had several employees experience fraud holds in the past year. What's concerning is that ESD always sends very specific instructions about how to release the hold. Usually it involves uploading identification documents through their secure portal. If he's being vague about what steps he needs to take, that would make me suspicious.
Update: I talked to him and he showed me his eServices account. There actually is a fraud hold! He had a letter in his messages that he hadn't even opened asking for ID verification from 3 weeks ago! No wonder it's taking so long - he never responded to them! We're uploading his documents now. Thanks everyone for helping me understand this was a real thing and not made up.
Has anyone mentioned the Unemployment Law Project yet? They specifically help with ESD appeals and often take cases pro bono. Worth checking out!
I contacted the Unemployment Law Project and have a phone consultation tomorrow! Also managed to reach an ESD agent who explained exactly what evidence they reviewed. Feeling a bit more prepared now. My hearing is still a week away so trying to get all my documentation organized. Thanks everyone for the support - will update after the hearing.
Update on my earlier comment - I finally got through to a supervisor at ESD today and was told they actually do have a "trusted claimant" program they're rolling out for people with consistent seasonal claim history. It's not fully implemented yet, but you might want to specifically ask about it when you call. Apparently if you've had 3+ years of clean claims with the same seasonal pattern, you can request to be added to this expedited review process for future claims.
just got my first payment today!!! only took 5 weeks this time which is better than the 9 weeks last year i guess lol. progress?
Zoe Papanikolaou
i just called esd and the recording said 188 minute wait time!!! that's like 3 hours!! who has time for that??
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Andre Dupont
•This is exactly why I mentioned Claimyr earlier. Instead of waiting on hold for hours, they get you a callback from an ESD agent, typically within 1-2 hours. I've seen the wait time estimates go up to 4+ hours recently, which is ridiculous when people are trying to resolve important financial issues. The video on their site shows exactly how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3
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Mei Lin
Anyone else think it's INCREDIBLY SUSPICIOUS that ESD is suddenly offering these waivers right before the 5-year statute of limitations kicks in for pandemic unemployment claims??? It's like they're trying to get people to acknowledge the debts before they legally expire! Be careful what you sign!!!
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Jamal Wilson
•This is incorrect information. The waiver program was mandated by federal guidelines, not created by ESD independently. Additionally, acknowledging an overpayment doesn't reset the statute of limitations in Washington for unemployment debt. The waivers are a legitimate way to have valid overpayments forgiven based on financial hardship or absence of fault. Please be careful about spreading misinformation that might prevent people from seeking legitimate relief.
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