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One important detail nobody mentioned: when your husband files, make sure he lists his last day of WORK as his last day of employment, NOT the end date of his severance period. This is a common mistake that can cause problems. Also, if you run into issues with his claim (which is common with severance situations), be prepared for long wait times when calling ESD. I waited 3+ hours multiple times trying to resolve my severance-related adjudication.
Thank you for this tip! His last day of work was today, so that's what we'll put down. I'm honestly dreading the potential phone issues based on what everyone is saying. Is it always this difficult to reach ESD?
Unfortunately, yes. ESD's phone system is notoriously difficult to navigate. If you do end up needing to call them, start early in the morning (right when they open), and be prepared to keep calling back if you get disconnected. The Claimyr service I mentioned earlier can help if you get desperate - it basically navigates the phone tree and waits on hold for you until there's an actual agent, then calls you to connect. Saved me hours of frustration.
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my cousin got laid off in january with severance and she said make sure u file for the correct BENEFIT YEAR too. i dont know exactly what that means but she said its important lol. something about if u worked for multiple employers u need to pick the right timeframe?
Your cousin is referring to the base year, which is important, but not something you choose yourself. ESD automatically calculates your base year as the first 4 of the last 5 completed calendar quarters before your claim. This determines what wages are used to calculate your benefit amount. The system handles this automatically based on your filing date.
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One more thing that might help - request a detailed breakdown of exactly WHICH weeks they're claiming overpayment for. The notice should have this info, but sometimes it's not clear. Once you know the specific weeks, check if you can access your old weekly claim certifications in your ESD account history. The system usually keeps these records, though they might be archived. Also, if you file an appeal, you'll automatically get scheduled for a hearing with the Office of Administrative Hearings (OAH). This is actually good because it gives you a chance to explain your situation to a judge who isn't part of ESD.
I just checked my ESD account and I can only see claims from the last 2 years. I guess I'll have to specifically request the older records. Is the hearing in person or over the phone? I'm really nervous about having to go before a judge.
The hearings are almost always by phone these days. They'll send you instructions with your hearing notice. It's informal - not like a courtroom. The judge (actually called an Administrative Law Judge) will ask you questions about your situation, then make a decision based on the facts and the law. Make sure you attend the hearing, as not showing up almost guarantees you'll lose the appeal.
One more tip: If your appeal is denied, you can still request a waiver of the overpayment based on financial hardship. There's a specific form for this on the ESD website. They'll look at your current income and expenses to determine if repaying would cause significant hardship. I've seen many pandemic-era overpayments waived this way, especially for people who are still struggling financially.
That's really good to know, thank you! I'm definitely not in a position to pay back $4,750 right now. I'll fight the overpayment claim first, but it's reassuring to know there are options if that doesn't work out.
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Not the same situation exactly but my roomate had an overpayment they were trying to collect. He requested a waiver because of financial hardship and they approved it pretty fast. Maybe try both approaches - the fraud victim route AND a financial hardship waiver if your son really cant afford to repay?
One more critical piece of advice: When submitting the identity theft documentation to OSI, make absolutely sure your son checks the box to request a "Section 4(c) Waiver" on the fraud documentation form. This specific waiver is for victims of unemployment fraud and can completely remove the overpayment from his record. Also, while this is being resolved, your son should still apply for unemployment if he needs it when his seasonal work ends. During the application, he should disclose the pending fraud case in the comments section. This creates a record that he's being transparent while still asserting his right to legitimate benefits. The waiver has a high approval rate for documented incarceration cases because it's physically impossible for the person to have filed those claims. Make sure to include visitor logs or other documentation that proves he had no access to devices that could have filed claims.
Thank you so much for this follow-up advice. I hadn't heard of the Section 4(c) Waiver specifically - we'll make sure to check that box. And it's good to know he can still apply for legitimate benefits when needed while this gets sorted out. Really appreciate your expertise!
Miguel Ramos
Quick update on your pension question - I want to clarify something important. In Washington state, pension income generally only affects UI benefits if: 1. The pension is from a base period employer (which yours is not), AND 2. The base period employer contributed to or maintained the pension plan (again, not applicable in your case) Given your father's pension is from employment that ended years ago with a different employer than his most recent one, I'm even more confident this overpayment notice is in error. This is clearly spelled out in RCW 50.04.323 if you want to reference the exact law in your appeal.
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Dylan Campbell
•This is incredibly helpful! I'll definitely cite this law in our appeal. I can't thank you enough for taking the time to share your expertise.
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Dmitry Sokolov
one more thing to think about: make sure ur dad keeps filing his weekly claims during the whole appeal process even if they stop paying him!!! if he stops filing and then wins the appeal later he might not get back pay for the weeks he didn't claim. learned this the hard way :
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