Washington Unemployment

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Ask the community...

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I work as an employment counselor and see overpayment cases regularly. Here's what typically happens after an OAH hearing: 1. Judge issues decision within 2-4 weeks (average is about 18 days) 2. If you win, ESD has 30 days to implement the decision or file their own appeal 3. If ESD doesn't appeal, the overpayment should be waived and removed from your account The fact that you had representation from ULP is excellent. Their attorneys win the vast majority of their cases. The most common reason judges waive overpayments is financial hardship, so all those documents you provided showing your expenses and income will be crucial. One thing to prepare for: if you win, you might still see the overpayment listed in your ESD account for a few weeks until they process the waiver. Don't panic if this happens - it's just administrative lag time.

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Thank you for this detailed timeline! It helps to know what to expect. The waiting is honestly the hardest part. I just want this nightmare to be over so I can stop stressing about a debt I can't afford to pay.

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I know exactly how you feel about the stress. I had an overpayment issue too but never got as far as an appeal hearing because I couldn't figure out the process. I just ended up on a payment plan ($150/month for 3 years). It's hard but I'm managing. The whole system seems designed to be confusing. Good luck and let us know how it turns out!

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That's unfortunate you weren't able to appeal. For anyone else reading this who's dealing with an overpayment: every denial letter from ESD should include information about how to appeal, and you generally have 30 days from the date on the letter. If you miss that window, you can sometimes still file a late appeal with a good reason for the delay. Also worth noting that ULP (Unemployment Law Project) provides free legal help for people dealing with unemployment issues, especially if you're low-income. They can help with appeals, overpayments, and other ESD problems.

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This is incredibly helpful, thank you! I was laid off due to budget cuts, so hopefully that's a pretty straightforward separation reason. Should I be checking my ESD account messages daily, or will they email me if there's something they need?

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They should send you an email notification when there's a new message in your ESD account, but the system isn't always reliable. I recommend checking your ESD account messages at least every other day. A budget cut layoff is generally straightforward, but they'll still verify with your employer. Keep documenting your job search activities (you need 3 per week) while you wait.

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Make sure your employer classifies you correctly! My company tried to say our reduced hours were due to "lack of work" rather than "reduced hours" which caused all kinds of problems with my claim. The adjudication process took FOREVER to sort out. If they don't code it right when ESD contacts them, you might get stuck in pending status.

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Oh that's concerning. Is there anything I can do to prevent that from happening? Should I talk to my boss before filing?

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Honestly, it might help to have a conversation with your boss first, just to give them a heads-up and make sure they understand that you're filing for partial unemployment due to reduced hours from weather conditions. Some employers don't realize they need to specify "reduced hours" rather than checking the "lack of work" box when ESD contacts them. Being transparent upfront might save you weeks of headaches later.

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One more thing to be aware of: starting in 2025, ESD requires claimants to use the new WorkSource WA job search log in your ESD account to document all job search activities (if you don't get standby status). The old paper logs are no longer accepted. Make sure to familiarize yourself with the online system if you end up needing to do job searches.

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I found the WorkSource system pretty straightforward once I figured out how to log in. They also offer workshops that count as job search activities, which is handy when you're just trying to maintain eligibility during a temporary reduction.

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my brother had this problem with his claim when the restaurant he works at closed for renovations last month. he had to file an appeal but while waiting for the hearing he called esd and they fixed it over the phone once they saw he was on valid standby. took him forever to get through tho

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Did they backdate the fix so he got paid for the weeks he was wrongly disqualified? I'm worried about missing rent while this gets sorted out.

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To address your concern about backdating: Yes, when ESD corrects a standby-related disqualification, they will typically backdate the fix and release any held payments once they confirm your standby status was valid. Be sure to continue filing your weekly claims during this process, even though they'll show as "disqualified" until the issue is resolved. This ensures you'll receive all payments once the standby status is verified. For your weekly claims going forward, remember to: 1. Answer "No" to job search question 2. In the notes/comments section, type "ON APPROVED STANDBY UNTIL 9/15/2025" 3. If asked for work search activities, enter "STANDBY" for each required slot This properly documents your standby status each week and helps prevent future flags.

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Thank you so much for this clear explanation! I've been doing it completely wrong. I'll start documenting my standby status properly in all future claims. I'm going to try calling them tomorrow AND file an appeal just to be safe.

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I successfully resolved this exact issue last month. Here's what worked for me: 1. When calling 800-318-6022, press options for an existing claim, then payment issues (not new claims) 2. If you get through, immediately ask for a claims specialist or supervisor who can handle claim reactivation 3. Be prepared to explain that you had an appeal in process when you accidentally filed a new claim 4. Have your original claim ID number ready In my case, they were able to withdraw the new claim and restore my original claim with all weekly certifications transferred over. The key is getting to the right department - regular agents often can't help with this specific problem.

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This is incredibly helpful! I'll try those exact menu options tomorrow morning. Did they backdate all your weekly claims automatically or did you have to request that specifically?

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I had to specifically request the backdating. Make sure you mention every week you filed on the incorrect claim so they can transfer them all. The specialist had to submit a special request to their technical team to move those certifications to the original claim.

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Update: I finally got through to ESD this morning! Used the phone menu options that @helpful_user suggested and got a claims specialist after about 35 minutes. They confirmed they can fix this by withdrawing my new claim and reactivating the original one. They're transferring all my weekly claims back to the original claim too. For anyone who finds this thread later with the same problem - be very specific that you need a claims specialist who can handle claim reactivation. Regular agents will just transfer you. The specialist said this happens pretty often because of the automatic system prompts. Thanks everyone for your help!!

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That's excellent news! Glad you were able to get this resolved. Make sure to continue filing your weekly claims while they process this adjustment. It might take 1-2 weeks for everything to appear correctly in your online account.

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congrats!!! way better outcome than what i got. good reminder to keep trying and not give up

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