I'm trying not to give up because I really believe this overpayment wasn't my fault - they miscalculated my eligibility after telling me I qualified. But it's so exhausting fighting this system for years.

I went through something similar with ESD last year - not quite 2 years but close to 18 months for my overpayment waiver. What finally broke through for me was filing a complaint with the Washington State Ombuds office (ombuds.wa.gov). They specifically handle cases where state agencies aren't following their own procedures or timelines. The Ombuds investigator contacted ESD directly on my behalf and suddenly my case got priority attention. Within 6 weeks of filing the complaint, I had a decision on my waiver. It's free to file and they really do have power to push these agencies when they're dragging their feet. Worth trying alongside the other suggestions people have given you here.

One more thing - if your employer contests your unemployment claim, having your workers comp claim documentation can actually help show that you're legitimately unable to work through no fault of your own.

I went through this exact situation about two years ago with a shoulder injury. Here's what I learned: You can definitely apply for unemployment while waiting for your L&I decision, but be prepared for some back-and-forth paperwork. The key is being completely transparent with both agencies about your situation. I had to provide medical documentation showing what types of work I could still do (which was limited office work in my case). Washington ESD approved my claim, and when my workers comp got approved 5 months later, I did have to pay back some benefits, but they let me set up a reasonable payment plan. The peace of mind of having some income during those uncertain months was worth it. Just make sure you keep detailed records of everything and don't try to hide anything from either agency.

I had a similar situation last year and used Claimyr to get through to an agent who helped me understand my qualification status. Really saved me a lot of stress and uncertainty. Sometimes it's worth paying for the peace of mind when you need accurate information quickly.

Based on what everyone's shared here, it sounds like you should be fine to qualify with 8 months of part-time work as long as you hit those wage thresholds. The key things to remember are: you need at least $7,000 total earnings during your base period, with at least $1,000 earned in each of two different quarters. Since you mentioned making around $12,000 last year, you should meet the total requirement easily. The quarter distribution is what you'll want to double-check - make sure your earnings were spread across at least two calendar quarters with $1,000+ in each. Good luck with your application!

You mentioned you called and actually spoke to someone - I'm jealous! I've been trying for weeks. How many times did you have to call before you got through? Any particular time of day that worked better?

This is such a common issue and it's absolutely infuriating! I went through something similar last year - had to wait 6 weeks for payments because they said my SSN verification failed, but nobody bothered to tell me. I only found out when I finally got through to someone after calling dozens of times. The lack of communication from ESD is honestly unacceptable. There should be clear notifications in your online account when payments fail, not just leaving people in the dark for months. I'm glad you finally got through and that they're sending all your back payments on the card. Make sure to keep calling if that card doesn't arrive within their estimated timeframe - I've heard of those getting delayed too. Hang in there, and definitely try that early morning calling strategy if you need to reach them again!

One more thing to note - if your overpayment was due to an ESD error rather than any misrepresentation on your part, make sure that's prominently mentioned in all your communications. The pandemic-era rules were changing constantly, and many overpayments are because ESD initially told people one thing and then changed their interpretation later. This is especially true for the work search requirements, which were waived and then reinstated at different points. Document exactly when you filed, what the rules were at that time, and how you followed the guidance available then. This can strengthen your waiver case significantly.

I'm going through the exact same nightmare right now. Filed my waiver in September 2024 for a $4,800 overpayment - they're saying I didn't meet work search requirements during a period when those requirements were literally suspended! It's now been 6+ months with zero updates except "pending" in the portal. Reading through these responses gives me some hope though. I'm definitely going to try the Governor's office complaint route that @LongPeri mentioned, and maybe look into that Claimyr service too. The stress of this hanging over my head is affecting my sleep and my job performance. Has anyone had luck with contacting their state legislators about this? I'm wondering if reaching out to my district representative might help put additional pressure on ESD to actually process these waivers in a reasonable timeframe.