Washington Unemployment

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Ask the community...

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AstroAce

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?

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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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Thank you all for the helpful advice! I'm definitely going to file tomorrow (my termination date) and make sure to accurately report my severance. I've got all my documentation ready and will start job search activities right away. Really appreciate everyone's insights - this community is amazing!

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One final tip - if you've been waiting more than 2 weeks and still see no movement, reach out to your state representative's office. They often have direct contacts in the ESD office who can expedite these situations. I've seen cases where a simple inquiry from a legislator's office miraculously fixed problems that had been dragging on for months.

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Thank you so much everyone for all the help and advice! I'll give it until next Friday, and if nothing's changed by then I'll try calling, using Claimyr if needed, and reaching out to my state rep if all else fails. I'll update here when something happens in case it helps someone else in the future.

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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.

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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?

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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 brother had similar situation but his severance was actually called "garden leave" where he got paid but wasn't supposed to work anywhere else during that time... ESD counted that as employment and he couldn't get benefits until after... so terminology really matters!

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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?

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Amina Bah

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.

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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!

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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.

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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.

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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.

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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.

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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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Don't forget that working part-time might qualify you for partial unemployment too!! I work part time and get a small UI payment each week. It's not much but every bit helps!

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This is an important point. Even if your part-time earnings reduce your weekly benefit, you should still file every week. As long as you receive at least $1 in UI benefits for a week, you also get the working connections benefit which gives you a discount on your health insurance through the Washington Health Benefit Exchange. That alone can be worth hundreds of dollars monthly.

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Another thing to consider is that sometimes working part-time can help extend your benefit year. Since you won't be drawing your full WBA each week when you have part-time earnings, your total benefit amount will last longer. Just make sure that your part-time work doesn't interfere with your availability for full-time work, as that's a requirement for receiving UI benefits. You need to be able and available for suitable full-time work and actively seeking it.

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That's a really good point! I didn't think about stretching out my benefits that way. I'm definitely still looking for full-time work - just trying to bridge the gap financially with part-time hours. Thanks for all the helpful info everyone - this makes the whole process much clearer!

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The entire ESD system is DELIBERATELY DESIGNED to be confusing and trip people up so they can deny benefits!!! I went through this exact situation last year and ended up getting disqualified because I didn't know I still needed to do job searches when filing by phone. No one told me! The automated system doesn't tell you! They sent me a letter MONTHS later saying I owed $4,800 in overpayments because I failed a job search review. The system is RIGGED against claimants. They don't want to pay benefits so they make the process as complicated as possible hoping people will make mistakes.

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While I understand your frustration, the job search requirement is clearly stated in the claimant handbook and on the ESD website. It's a requirement regardless of how you file your weekly claim. Did you appeal the overpayment? Sometimes they'll work with you if it was a genuine misunderstanding.

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When I had to file by phone once during a power outage, I actually used my neighbor's internet the next day to log into my eServices account and add my job search activities after I'd already filed by phone. There's a section where you can view and edit your job search activities separate from filing your weekly claim. Not sure if that's still possible in 2025, but might be worth checking once your internet is back!

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That's good to know! I'll definitely look for that option when my internet comes back. Would be nice to have everything properly documented in the system rather than just in my notebook.

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To clarify for everyone: These refunds are part of ESD's implementation of the blanket waiver program that was authorized during COVID. ESD is still processing these even in 2025 due to the massive backlog. Regarding taxes: 1. If you deducted the original repayment on your taxes as an itemized deduction → You likely need to report the refund as income (tax benefit rule) 2. If you used the standard deduction → You generally DON'T need to report the refund as income 3. If your itemized deductions that year didn't actually reduce your tax liability → You might not need to report it as income ESD should have included Publication 525 information with your refund check. It specifically addresses the tax implications of benefit repayments and subsequent refunds. If you're unsure, consult a tax professional with your specific situation.

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Thank you SO much for this detailed explanation! You're right, there was an insert with the check that mentioned Publication 525, but I didn't realize what it was. I'll go back and look at it more carefully now.

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wait so are they doing this automatically for everyone or do we need to apply somewhere? i paid back like $5k in 2021 and nobody told me anything about waivers

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Zara Shah

They're processing them automatically, but they're going through cases very slowly. The blanket waivers were approved for non-fraud overpayments during the pandemic period, but ESD's implementation has been extremely inconsistent. If you repaid an overpayment from the COVID period (roughly March 2020 through September 2021), it's worth calling ESD to check if your case qualifies for the waiver program. Be prepared for a long wait though - their phone lines are still overwhelmed.

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my neighbors cousins was in adjudiction for 3 months!!! but that was back in 2023 so maybe its faster now. but yeah the systems still a mess from what i can tell

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Quick update on timeframes based on recent cases I've seen: Current ESD adjudication is averaging 5-7 weeks for standard issues. Senator intervention is helping, but their offices are getting flooded with requests which is diluting the effectiveness somewhat. One thing to verify: check that your identification verification is complete and shows "verified" in your account. That's often an invisible blocker that keeps claims stuck.

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Just checked and my ID verification does show as "verified" so at least that's not the issue. I'm about 6 weeks in now, so hopefully I'm nearing the end of this nightmare based on your timeframes. Thanks for the insight!

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Mei Zhang

UPDATE: Just got my payment about 10 minutes ago (5:30pm Wednesday)! Seems like Chase just processes these later in the day. Thanks everyone for sharing your experiences - really helped calm my anxiety. Going to make a note that I should expect late Wednesday deposits from now on so I don't stress about rent timing next month.

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Glad to hear it came through! It's always a relief when those payments finally hit your account. And now you know your bank's typical timing pattern, which should help with planning for future bills.

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Anybody know if the timing is different for people who get their benefits on the ESD debit card instead of direct deposit? I switched to the card last month because my direct deposits were always delayed.

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The ESD debit card (ReliaCard) typically receives funds faster than direct deposit in my experience. When I was using the card, payments would usually be available by early Tuesday morning, even though my ESD account showed payment processing on Wednesday. The card eliminates the bank processing delay since it's directly loaded by US Bank, which manages the ReliaCard program for ESD.

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