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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.
Update for OP: I just got my first payment after 3 weeks total (filed initial claim, waited one week, filed first weekly claim for waiting week, filed second weekly claim and got paid 3 days later). So if everything goes smoothly you're looking at about 2.5-3 weeks from initial filing to first payment.
Another tip that helped me - set up text or email alerts in your eServices account so you get notified immediately if there are any issues with your weekly claim or if additional documentation is needed. I caught a problem early because of the alerts and was able to fix it before it delayed my payments. The alerts also remind you when it's time to file your weekly claim each Sunday.
Good luck with your application! The most important thing is to file as soon as possible and be completely honest about everything. The Washington ESD system works, even if it's not perfect.
I just went through this exact process two weeks ago after being laid off from my tech job. Here's what I wish someone had told me: block out 2-3 hours when you start the application because you don't want to rush through it or make mistakes. Have a cup of coffee, turn off distractions, and go through it methodically. The Washington ESD site will time out if you're idle too long, so keep moving through the forms. Also, after you submit, create an account on the eServices portal if you haven't already - that's where you'll file your weekly claims and check your benefit status. The whole thing felt overwhelming at first but honestly, once you get through that initial application, the weekly claims only take 5-10 minutes each week.
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.
Fatima Al-Farsi
One last tip - if you get called back from furlough early, make sure to stop filing weekly claims immediately. Washington ESD gets really picky about people who continue claiming after returning to full-time work.
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Fatima Al-Farsi
•You can call Washington ESD to close your claim officially, or just stop filing. But calling is safer to avoid any confusion later.
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Luca Ferrari
•And if you need to call Washington ESD to close your claim, that's another good use case for Claimyr - much easier than trying to get through on your own.
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Oliver Cheng
Just wanted to share my experience from last year - I was furloughed for 3 months and partial UI was a lifesaver. One thing I learned the hard way is to keep VERY detailed records of your work schedule changes. Washington ESD asked me to provide documentation about 6 weeks into my claim, and having everything organized (pay stubs, emails from HR, my work calendar) made the process smooth. Also, don't stress too much about the job search requirements if you have a definite return date - my employer provided that info to ESD and I was exempt. The whole process was way less scary than I expected!
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