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ESD claims retirement payments were accounted for but now demanding overpayment refund - HELP!
I'm fuming right now and need advice. My father (68) has been on unemployment since January after his construction company downsized. When filing, he honestly reported his monthly pension ($1,870) on the initial application and in follow-up communications. We wanted to make sure ESD calculated everything correctly. For the past 12 weeks, we've exchanged at least 17 emails with multiple ESD representatives and two different adjudicators. EVERY SINGLE TIME they assured us his benefit amount ($367/week) was correctly calculated with his retirement income factored in. I have screenshots of these confirmations! Today the mail carrier delivered a notice saying he owes $4,404 in overpayments because they "just discovered" his pension income. They're claiming he failed to report it properly despite our mountain of evidence showing otherwise. I'm beyond frustrated. Has anyone successfully fought an overpayment notice when you have proof you provided the correct information from the beginning? What's the appeals process like? Should we hire an attorney?
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ESD application timing after severance - can I file exactly on termination date?
Hey Washington folks! My employer laid me off in March but they're giving me severance pay through May 17, 2025 (tomorrow), which they're considering my official termination date. I'm confused about when EXACTLY I can submit my initial ESD application. Can I file tomorrow on my termination date? Or do I need to wait until the day after (May 18th)? I've got bills coming due next week and don't want to delay even by a day if I don't have to. Also wondering if having received severance will complicate my claim? Thanks for any insight!
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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.
Apply for ESD unemployment now or after severance pay ends? Husband just laid off
My husband got laid off today (company downsizing) and his employer is giving him 4 weeks of severance pay. I'm confused about when he should actually submit his unemployment application with ESD. Should he apply immediately even though he's receiving severance, or wait until after the 4-week severance period ends? I'm worried about making a mistake that might delay his benefits or create problems later. Has anyone dealt with severance pay and unemployment timing before? Any advice would be super appreciated!
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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.
ESD demanding repayment for fraudulent COVID claim filed while son was incarcerated - need waiver help!
I'm at my wit's end trying to help my son with an ESD nightmare. While my son was incarcerated in 2020-2021, someone he thought was a friend used his SSN and address to file fraudulent unemployment claims during the COVID period. My son never authorized this and obviously couldn't have filed himself while in jail. The "friend" has since passed away, but ESD's fraud department is still holding my son responsible for repaying around $16,800! We've submitted proof of his incarceration dates, and my son had never even worked in a job that would qualify for UI before this happened. Despite this evidence, ESD told him yesterday he would likely have the overpayment amount deducted from any future unemployment benefits (he works seasonally now and might need to file legitimately soon). The ESD agent mentioned something about applying for an "overpayment waiver" but gave zero information on how to actually do this. Has anyone successfully navigated this process? How do we apply for this waiver? I don't understand how they can hold him responsible when he's provided evidence he was literally incarcerated when these claims were filed!
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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!
ESD claiming I owe $4,750 in overpayment from 2020 - just got notice after 5 years!
I just got a letter from ESD saying I was overpaid $4,750 during the pandemic and now they want me to pay it all back with interest? I'm completely shocked because this was from early 2020 when I was laid off from my restaurant job. The letter says something about me 'failing to report earnings' but I didn't have any earnings during that time - the restaurant was completely shut down! It also mentions something about 'adjudication determination' and has a bunch of codes I don't understand. How can they come after me almost 5 years later? Is there a statute of limitations on this stuff? I can't afford to pay back that kind of money right now. Has anyone else gotten hit with these surprise overpayment notices from the pandemic era?
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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.
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
AuthorThis 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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