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ya this happened 2 me 2 months ago & i reopened my claim just fine. got paid the next week no problems. just make sure he does his weekly claim this sunday
Update: We got through to ESD (after many busy signals) and they confirmed he did the right thing by reopening! They said his first payment should come about 7-10 days after filing his first weekly claim if there are no issues. Thanks everyone for your help! I'll update again if we run into problems.
One important thing to note - when dealing with overpayment increases, you need to determine if they're adding what's called a "fraud penalty" (50% additional) or if they're recalculating the entire overpayment amount. In my experience, the key is getting written documentation. Every time you speak with ESD: 1. Get the agent's ID number 2. Take detailed notes with dates/times 3. Immediately follow up with an eServices message summarizing the call 4. Request all determinations in writing ESD is required to provide written explanation for all overpayment calculations. If they haven't, that's a procedural error you can use in your appeal. Also, there's a specific overpayment waiver form on the ESD website if financial hardship applies to your situation.
Update on your options: If you truly never received notification of an appeal hearing or decision, you can file what's called a "Petition for Review" with the Commissioner's Review Office. This is different from a regular appeal. You'll need to explain that: 1. You filed an initial appeal 2. You never received notice of hearing 3. You never received a decision This can be done even after the normal appeal deadline has passed. The Commissioner has authority to determine if your procedural rights were violated. Regarding the increased amount - request an itemized statement showing exactly how the new amount was calculated. This is your right under Washington Administrative Code (WAC).
Thank you! Do you know how I file this Petition for Review? Is there a specific form or do I just write a letter? And where exactly do I send it? The ESD website is so confusing with all these different processes.
There's an actual form! Go to ESD website → Unemployment Benefits → Forms and Publications → search for "Petition for Review" (form number ESD 161). You can submit it by mail, fax, or through your eServices account under "Upload a Document." Make sure to include all relevant details and documentation showing your attempts to resolve this. The Commissioner's office is separate from the regular appeals process and can override previous decisions.
i had this exact thing happen in january and let me tell u what worked for me, go to ur local worksource office in PERSON and ask for a training specialist. dont mess with the regular ESD phone line theres a special department for training cases and the worksource peeps can connect u direct. got mine fixed in like 3 days after spending weeks trying to do it online.
one more thing to check - make sure ur husband is answering the able and available question right on his weekly claims. for training benefit people u have to say YES even tho ur in school full time. my friend got denied because she was answering no since she couldnt work while in school. its super confusing!!
For what it's worth, I work in career services and have helped many clients navigate UI while taking classes. The one-hour class shouldn't be a problem, but I strongly recommend reporting it accurately. If your class is job-related training, you might also want to record it as one of your job search activities in your job search log. This creates a record showing that the class is actually helping, not hindering, your employment prospects. Remember that the underlying principle is always whether you remain able and available for full-time suitable work. As long as that's true, and you're honest about your activities, you should be fine.
That's a great idea about counting it as a job search activity! The class is definitely related to skills needed in my field. Would I just list it as "Education" type activity in my job search log?
Thank you everyone for the helpful responses! I'm going to make sure I report the class on my weekly claim and explain that it's just one hour per week and doesn't affect my availability for work. I'll also add it to my job search log since it's directly related to skills in my field. Really appreciate all the advice and experiences shared here!
Tony Brooks
That's a great idea! I didn't know you could file a complaint about the delays. Do you know if he sent it through eServices or was it a separate process?
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Douglas Foster
He sent an actual letter through certified mail to the OAH office in Olympia, and also faxed a copy. Made it very formal and specifically mentioned financial hardship with documentation (eviction notice). The regular appeals process people won't tell you about this option, but it exists!
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