Washington Unemployment

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ESD overpayment waiver approvals - do I need an OAH hearing first?

Has anyone had success getting their ESD overpayment waived? I recently got hit with a $7,800 overpayment notice (which I honestly can't afford) and I'm trying to figure out my best approach. I'm confused about the process - do I need to go through an appeal and OAH hearing first before applying for a waiver? Or can I just apply for the waiver directly? I've seen mixed info online and the ESD website isn't super clear. Anyone who's actually gotten an overpayment waived, did you have to lose your appeal at OAH first, or were you able to skip straight to the waiver process? Really appreciate any insights because I'm freaking out about this bill.

btw they do actually check ur docs so dont make stuff up. my friend tried to claim hardship but they denied him cuz his bank statements showed he had savings

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Quick update on my situation from last year - I've been completely in the clear for about 6 months now since my waiver was approved. No collections, no further notices, nothing. Just to give you some peace of mind that once it's approved, it really is taken care of!

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That's really reassuring to hear! I've been worried that even if it gets approved, they might somehow reverse the decision later. Glad to hear that wasn't the case for you.

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Contacted Governor's office about stuck ESD claim - was it worth it?

I've been dealing with an ESD nightmare for almost 2 months now. My claim has been sitting in 'adjudication' despite me submitting all the requested documents right away. Called the ESD hotline at least 25 times but either get disconnected or told someone will 'call me back' (which never happens). Out of desperation, I contacted the Governor's office through their constituent services form yesterday. Has anyone tried this route? Did it actually help move your claim forward or is it just another dead end? I'm seriously running out of options and my landlord isn't exactly patient...

My cousin works for the legislative branch and said they get ESD escalations all the time. She said contacting your STATE SENATOR is actually faster than the governor because they have dedicated ESD liaisons for each district. Just google "[your city] WA state senator" and there should be a constituent services contact form.

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Update: I wanted to let everyone know what ended up working! I tried multiple approaches based on all your helpful suggestions: 1. Sent a detailed follow-up to the Governor's office with the specific format recommended 2. Contacted my state senator through their website 3. Used Claimyr to actually get through to an ESD agent The Claimyr service got me to an agent first (same day), who explained my claim had a verification issue that wasn't being processed. They flagged it for review. Two days later, I got an email from my state senator's office saying they'd contacted ESD on my behalf. This morning, my claim status changed from "adjudication" to "paid" with all my back weeks! Not sure which contact finally did the trick, but I think the combination of approaches created enough pressure to get someone to actually look at my claim. Thank you all for your suggestions! For anyone else stuck in ESD limbo, don't give up!

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Great news! This is a perfect example of how persistence and using multiple channels can break through the bureaucratic logjam. Thanks for updating us on what worked.

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IVR weekly claim stuck on 'processing' - normally get paid Wednesdays

I've been claiming unemployment since February without any issues, but something weird is happening this week. I normally file online and get paid every Wednesday like clockwork, but this past Sunday I was running errands and remembered I needed to file my weekly claim, so I used the phone system (IVR) instead. It's now Wednesday and my claim still shows 'ivr-processing' status in the system. My benefits aren't exhausted - I should have plenty left. Has anyone else had their payment delayed after using the phone system instead of filing online? I'm getting worried since my rent is due next week and I count on these payments.

There's actually a technical reason for this. The IVR system (Interactive Voice Response) sends your claim data to a different verification queue than the online system. When you file online, the system can automatically verify certain elements, but phone claims require additional processing time because the voice recognition system isn't as accurate. This is especially true if you hesitated on any questions or if background noise interfered with your responses. If you check your claim status online, does it show any issues or just the 'processing' status? If there are no identified issues, it's likely just the normal delay from using the phone system. As others have said, expect payment on Friday instead of Wednesday this week.

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It literally just says 'ivr-processing' with no other information. No alerts or issues showing up. Thanks for explaining the technical side - I had no idea the phone system was so much more complicated on their end.

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yo did u get paid today??? was curious if it came thru on friday like everyone said

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Just checked my account and YES! The payment finally showed up this morning. Thanks everyone for the help - I'll definitely stick to filing online from now on!

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ESD taking money from new claim to pay off old overpayment - how much do they deduct weekly?

I'm in a weird situation right now. I got laid off last month and just opened a new unemployment claim. However, back in 2023 I had an overpayment situation where ESD determined I was paid about $4,200 that I wasn't eligible for. I never finished paying that off. Now that I'm filing a new claim, I'm worried about how much they're going to take out of my weekly benefits to recoup that old overpayment. Does anyone know what percentage they typically garnish? Will they take the whole check? I'm really stressed because I need enough to cover rent and bills while job hunting. Also, is there any way to negotiate a lower payment plan with them even though I'm on unemployment again? Thanks in advance for any advice!

One thing that drives me CRAZY is they don't even tell you properly when they're taking money! My friend just found out they were taking 50% when her payment was half what she expected. No advance notice, no explanation, NOTHING! Check your payment details carefully because they won't warn you before they start taking money!

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This is true - I only found out when I saw my first payment was lower. Then I had to dig through the payment details to see what was happening. Would have been nice to get some kind of heads up.

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To ensure you're fully informed about your situation, I recommend taking the following steps: 1. Print out your current overpayment balance from your ESD account (under the "Overpayment" section) 2. Complete the Financial Hardship Application (Form ESD 640-001) if the 50% reduction would cause severe hardship 3. Include all required documentation of income and expenses 4. While waiting for processing, track your weekly benefit amount and the actual payment received 5. Budget accordingly, assuming 50% reduction until you receive written notification of a lower percentage The good news is that paying off the overpayment through this method doesn't impact your credit score the way other collection methods might.

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Thank you so much for this detailed advice. I'm going to look for that form right now and get started on the application. Really appreciate everyone's help here!

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How long after ESD appeal hearing until decision shows on eServices? Freaking out!

Had my appeal hearing with OAH judge last Friday (Jan 10) about being denied benefits from getting fired. I thought I did okay explaining my side but now I'm anxiously checking eServices every hour and nothing has changed. My portal still shows 'disqualified' status. Does anyone know how long it typically takes for a hearing decision to be posted to your account after the hearing is finished? The judge didn't give me any timeframe. I'm starting to worry they already decided against me and just haven't updated it yet. Bills are piling up and I really need to know if I should be looking for other options. Has anyone gone through this recently?

One more thing I forgot to mention - if your appeal is successful, there's sometimes a delay between when your status changes to eligible and when you actually receive payment. Mine took about 5 business days after my status changed for the money to hit my account. Just so you're prepared for that additional wait. The process has several stages and none of them seem to happen quickly with ESD unfortunately.

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Thank you for mentioning that. I'll definitely keep that in mind so I don't panic if there's a delay with the payment after (hopefully) winning the appeal. This whole process has been so much more complicated than I expected.

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For clarification on the exact process: After your hearing, the Administrative Law Judge (ALJ) typically has 30 days by law to issue a written decision, though most try to complete it within 2-3 weeks. This decision is mailed to you and to ESD simultaneously. ESD then needs to implement the judge's decision, which can take another 3-7 business days. If the decision is in your favor, your status will change from disqualified to eligible, and any back payments for weeks you properly claimed will be processed. If you haven't received anything after 30 days, you should contact the Office of Administrative Hearings (not ESD) at 1-800-366-0955 to inquire about the status of your decision. Their office is separate from ESD and handles all unemployment appeals.

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This is incredibly helpful - thank you for breaking down the whole process so clearly! I didn't realize the Office of Administrative Hearings was completely separate from ESD. I'll give them a call if I don't hear anything by February 10th. Really appreciate the direct contact number too.

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