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anybody know if they tax the refund? i paid $4k on my overpayment then got a waiver but when they sent me back the money it was only like $3400ish... wondering if they took taxes out or what?
Yes, they do treat overpayment refunds as taxable income in the year you receive them. The difference you're seeing is likely the federal tax withholding (typically 10%) plus potentially a small processing fee. You should receive a 1099-G form the following January reflecting this amount for your tax filing.
UPDATE: Just wanted to share that I received my refund check today - exactly 7 weeks after the waiver approval letter! It came as a paper check with a detailed statement showing the original overpayment amount, what I had paid, and the refund amount. They did take out a small processing fee (about 1%) but otherwise returned the full amount I had paid. Thank you to everyone who shared their experiences and advice - it really helped me understand what to expect during this confusing process!
awesome!! glad it worked out for you!!
I've been on unemployment since November and noticed the direct deposits are getting less predictable lately. Sometimes it's there at 9am, sometimes not until late afternoon. I think they're processing more claims since those January layoffs in tech hit. One thing to check - make sure your payment method didn't accidentally switch to the debit card. That happened to my sister and she was checking her bank account while the money was sitting on the ESD card she never activated!
mine just came in guys! check ur accounts
Just checked and mine came through too! What a relief. Thanks everyone for helping me stay calm while waiting!
Still nothing in my account yet. Typical ESD inconsistency. 🙄
My claim says "adjudication" too what does that even mean?? been 3 weeks now...
Adjudication means there's an issue with your claim that needs to be resolved before benefits can be paid. It could be something simple like verifying your last day of work, or more complex like investigating why you left your job. At 3 weeks, you're still within the normal timeframe for adjudication (though that doesn't make the wait any easier). Make sure you're still filing your weekly claims while you wait, and check your ESD account messages daily for any requests for information.
UPDATE: I took several of the suggestions here and finally got movement on my claim! I contacted my state representative yesterday morning with all my claim details and the history of my contact attempts. Their office responded within hours saying they'd contact their ESD liaison. This morning, I checked my account and the adjudication is COMPLETE! Benefits are being processed for all 11 weeks! Also, I did try the Claimyr service that someone recommended here - it actually worked to get me through to an ESD agent yesterday afternoon. The agent confirmed they could see the legislative inquiry had been received and that my claim was being actively reviewed. Not sure if it was the state rep contact, the Claimyr-facilitated call, or both that did the trick, but SOMETHING finally worked! Thank you all for the suggestions and support. To anyone else stuck in adjudication hell, don't give up - keep pushing through all available channels.
im on my 3rd unemployment claim in 5 years (construction work lol) and every single time has been different! first one: 3 weeks. second one: 8 days! current one: 4 weeks and counting... literally seems to depend on who processes your claim and how busy they are that day
One final piece of advice: If your claim isn't processed within 3 weeks, don't just wait. Be proactive by: 1. Using the eServices message center to inquire about your claim status 2. Calling the claims center early in the morning (right when they open) 3. Checking your spam/junk folders daily for ESD communications 4. Continuing to file weekly claims correctly The difference between a 3-week wait and an 8-week wait is often just how quickly you identify and resolve any minor issues that arise. Most delays happen because claimants don't realize action is needed on their part.
I work in HR and deal with unemployment stuff all the time. Here's what's happening: 'Appealed' just means you had an appeal hearing. The 'CRO Petition' means the case has been sent to the Commissioner's Review Office for additional review. Most likely scenario is that the Administrative Law Judge ruled in your favor, and ESD is now appealing that decision to the Commissioner. You should have received a decision letter from OAH explaining the judge's ruling. If you haven't received it yet, call OAH (not ESD) at 360-407-2700 and ask for a copy of your decision.
Thank you so much! I'll call OAH tomorrow. I didn't even think to contact them directly instead of ESD. So if ESD is appealing, that suggests the judge might have ruled in my favor? That would be amazing news.
UPDATE: I called OAH this morning like @profile5 suggested. They confirmed the judge ruled in MY FAVOR and waived the entire overpayment! That's why I have the CRO Petition - ESD is appealing the judge's decision. The OAH rep said they resent the decision letter which I should receive in a few days. Thanks everyone for your help figuring this out. I'll keep you posted on what happens with the Commissioner review!
CONGRATS!!! That's awesome news! And exactly what I thought was happening. They ALWAYS appeal when they lose. Make sure you keep all your documentation in case this drags on longer.
That's great news! The CRO doesn't overturn ALJ decisions very often, especially if the judge made a ruling based on your credibility as a witness. Make sure you respond to any additional paperwork from the CRO within their deadlines.
my claim was stuck for 2 months but turns out it was because my previous employer contested it saying i quit when i was actually laid off. once i provided the termination letter it got resolved in like 3 days. might wanna check if ur employer is saying something different than u did about why u left
That's a good point. I have a good relationship with my former employer though, and they've confirmed they reported it as a layoff due to downsizing. I still have the layoff notice they gave me. But maybe there's some other discrepancy I'm not aware of.
Quick update question - have you been receiving any correspondence by mail? Some adjudication notices are still sent via postal mail rather than electronically, especially if they involve third-party information from your employer.
I've been checking my mail carefully and haven't received anything from ESD except the initial monetary determination letter back in July. Is there something specific I should be looking for?
The most important pieces would be any fact-finding questionnaires or interview notices. They typically come in official ESD envelopes with the department logo. If you haven't received any of these, that's actually good news - it likely means they're just backlogged rather than waiting on information from you. One last suggestion - if you have documentation related to your layoff (termination letter, severance agreement, etc.), go ahead and upload it to your eServices account under the document upload section. Sometimes being proactive with documentation can help move things along.
It sounds like you've identified the issue now - the identity verification requirement. This is very common and explains the seemingly contradictory information. Here's what will happen: 1. Once you upload your identity documents, they'll go into a verification queue 2. This can take 1-3 weeks to process (sometimes longer during busy periods) 3. If your identity is verified, that issue will be resolved 4. If all other issues are resolved (like your late filing already is), your status should change from disqualified to paid 5. You'll receive all back payments for weeks you've claimed once everything is resolved Keep an eye on your online account for status changes and any additional requests for information.
Driver's license and social security card should be sufficient for identity verification in most cases. Occasionally they request additional documentation if they can't verify with those documents alone. You may not receive a separate notification when your identity is verified - often, you'll simply see your claim status change and payments issued. I recommend checking your account every 2-3 days. If it's been more than 3 weeks since uploading your documents with no change in status, then it would be appropriate to contact ESD directly. The current average processing time for identity verification is about 10-14 days, but this varies based on current claim volume.
The appeals language "benefits are allowed beginning September 9, 2024" typically means: 1. The previous denial is reversed as of that date 2. Your husband is eligible for benefits from that date forward IF he meets all other eligibility requirements (which includes being unemployed or partially employed) 3. He's entitled to back benefits for weeks he claimed during the appeal process Since he's currently employed, he wouldn't qualify for full benefits, but might qualify for partial benefits if his current earnings are low enough compared to his previous wages. The formula is fairly complex, but essentially if he's earning significantly less than he would receive on unemployment, he could get a partial payment each week. Something else to consider: if his current job doesn't utilize his union skills, he might be able to continue looking for work in his field while maintaining this job. As long as he's available for full-time work and actively searching, he could potentially still file weekly claims reporting his part-time income.
Thank you for breaking down what that language means! The tricky part is that my husband is working full-time at this lower-paying job, not part-time. But you're right that it's not in his skilled union trade. Does that make a difference for the partial benefits? We're definitely going to call ESD again to ask specifically about partial benefits and the back pay during those 8 weeks.
The fact that ESD initially denied your husband's claim then approved it on appeal is actually fairly common. The first-level adjudicators often side with employers, which is why the appeal process exists. Regarding your specific situation: 1. Your husband should immediately file for the retroactive benefits covering the 8-week appeal period. There's typically a limited window to claim these weeks retrospectively. 2. For his current situation, Washington does have provisions for workers who take "suitable work" at significantly lower wages than their previous employment. However, voluntarily quitting to collect benefits is generally problematic unless specific conditions are met. 3. One potential option: If your husband finds a legitimate union job opportunity that pays significantly better, quitting his current job to accept that offer would not disqualify him from benefits if the new position fell through or wasn't as advertised. Most importantly, I'd recommend having your husband speak with someone from his union. They often have representatives who specialize in unemployment issues specific to union workers and might have more tailored advice for his situation.
Contacting his union rep is a brilliant idea! I can't believe we didn't think of that. They might have dealt with similar situations before. I'm also going to look into that "suitable work" provision you mentioned - is there a specific term or section of the law I should reference when calling ESD about that? Thank you!
Make sure you attend the hearing! I know someone who assumed they would lose and didn't call in for their telephone hearing. The judge automatically ruled against them for not showing up. Even if you think your chances aren't great, always participate in the hearing. Also, when you get the hearing notice, it will include instructions for submitting evidence beforehand. If you have any documentation that supports your case (performance reviews, emails, texts, etc.), make sure to submit it following those exact instructions before the deadline. During my appeal, I found that staying focused on answering exactly what the judge asked (not going off on tangents) made a big difference. The employer kept talking in circles and the judge seemed annoyed with them for not being direct.
I'll definitely be at the hearing! No way I'm giving up without trying. That's good advice about sticking to direct answers - I tend to over-explain when I'm nervous so I'll practice keeping my responses clear and to the point. How long did you have to wait between filing your appeal and actually having the hearing? Mine is scheduled for four weeks out and I'm worried about finances while waiting for a decision.
My hearing was about 5 weeks after I filed the appeal. Then it took another 10 days to get the written decision. But here's the good part - when I won, I got all the back payments for the weeks I'd been filing claims during the appeal process. Just keep filing your weekly claims even while you're waiting for the appeal hearing and decision! Also, at the start of the hearing, the judge will ask both sides if there are any witnesses. If any of your former coworkers would be willing to testify about your normal work behavior or the supervisor's management style, that could be helpful. The judge will swear them in just like you.
One thing nobody told me during my appeal: THE HEARING IS RECORDED!!! Make sure you don't interrupt anyone, especially the judge. Let the employer finish talking even when they're lying. The judge kept telling me to wait my turn and I think it made me look bad. Also be ready for the employer to have their lawyer or HR person there who will sound all professional and prepared.
This is excellent advice. The recording becomes part of the official record, and interrupting can indeed create a negative impression. It's hard to stay calm when hearing false statements, but it's crucial to wait your turn. Another tip: take notes while the employer is speaking so you can address their points when it's your turn. If they make a claim that you know is untrue, write it down with a brief note about why it's incorrect. This helps you respond methodically rather than emotionally.
StarStrider
Thank you for sharing this success story. I've been guiding people through the ESD system for years, and the Governor's office route is certainly effective, though it should be viewed as a last resort after you've tried the standard channels multiple times. One thing I'd suggest adding to your escalation request (whether to the Governor's office or through other channels) is documentation of financial hardship. If you're facing eviction, utility disconnection, or unable to afford medicine, include those details with documentation. This can trigger a special hardship review process that moves even faster than standard escalations. Also, while waiting for resolution, continue filing your weekly claims without fail. Many people stop filing when stuck in adjudication, which can create even more problems down the road.
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Diego Flores
•That's a great point about continuing weekly claims! I did keep filing even though it felt pointless at the time. And I actually did mention in my form that I was behind on rent and included the amount - maybe that's why they responded so quickly.
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Anastasia Ivanova
Has anyone had success going through their state representative instead? My neighbor said her rep's office helped with her claim but I'm not sure if that's better than the governor route or not?
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Mateo Perez
•Both can be effective. State representatives often have dedicated constituent service staff who handle ESD issues regularly. In some cases, they may even have specific contacts at ESD that the Governor's office uses as well. The key advantage is sometimes your local rep's office has a lower volume of requests, so they might respond faster than the Governor's team.
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