< Back to Washington Unemployment

Approved for ESD overpayment waiver from 2020 - what worked?

I'm staring at a $7,800 overpayment notice from ESD for benefits I received back in 2020-2021. They're saying I misreported my hours on 6 weekly claims, but honestly I was just confused about how to count my part-time hours when our schedule was constantly changing during COVID. I heard there's an overpayment waiver I can apply for, but I'm not sure if my situation qualifies or what documentation I need to include. Has anyone successfully gotten an overpayment waived? What specific reasons worked for you? I'm freaking out about this bill - there's no way I can pay it back with my current job.

Amara Okafor

•

Yes! I got my $4,200 overpayment waived last month. The key is proving financial hardship AND that it wasn't your fault. I included my last 3 months of bank statements showing my account balance under $1000, my rent statement showing I'm behind, and utility bills. For the "not my fault" part, I wrote a detailed explanation about how confusing the weekly claim questions were during the pandemic and how I misunderstood the definition of "available for work" while taking care of my sick parent. The waiver process took about 8 weeks but they approved it fully!

0 coins

Liam Sullivan

•

That's really helpful! Did you use the official waiver form on the ESD website? And did you submit it through eServices or mail it in? I'm worried about making another mistake.

0 coins

i got denied twice before i got approved. don't give up!!!!!! the trick is to REALLY show them ur broke. i had to send my eviction notice and show that my bank account was negative. they dont care if ur confused about the rules, they only care if u can pay or not tbh.

0 coins

This isn't accurate. While financial hardship is one factor, ESD also evaluates whether the overpayment was due to agency error or claimant misunderstanding. The official criteria include both financial hardship AND whether recovering the overpayment would be "against equity and good conscience." The waiver form specifically allows you to explain why you believe the overpayment wasn't your fault.

0 coins

I had a similar situation with a $5,900 overpayment from pandemic unemployment. I tried calling ESD about 20 times and kept getting disconnected or told the wait was over 2 hours. SO FRUSTRATED!!!! Finally found Claimyr (claimyr.com) which got me connected to an actual ESD agent in about 25 minutes. The agent helped me understand exactly what documentation to include with my waiver request and gave me tips on how to explain my situation. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Totally worth it because the agent told me stuff that wasn't on the website about what they look for in waiver applications.

0 coins

Dylan Cooper

•

Does this really work? I've spent like 3 days trying to talk to someone at ESD with no luck. Is there a fee?

0 coins

Yes there is a fee, but it was worth it to me because I was wasting entire days redialing ESD. The agent I spoke with was really knowledgeable and helped me avoid mistakes on my waiver application that would have gotten it denied.

0 coins

Sofia Ramirez

•

I'm an unemployment advocate who's helped many people with overpayment waivers. Here's what you need to know: 1. The waiver form is available in your eServices account or on the ESD website. You can upload it through eServices (preferred method). 2. For pandemic benefits specifically (PUA, PEUC), there are more flexible waiver criteria than for regular UI. 3. You need to demonstrate BOTH financial hardship AND that the overpayment wasn't due to fraud. For your situation, explain how the changing work schedules made it genuinely confusing to report accurately. 4. Submit documentation: bank statements, pay stubs, bills, rent/mortgage, any expenses over $100, and a detailed monthly budget showing you can't afford repayment. 5. If denied, you can appeal within 30 days. Many denials get reversed on appeal. Don't panic - many overpayments from the pandemic period are being waived if you follow the process correctly.

0 coins

Liam Sullivan

•

Thank you so much for this detailed information! I'm going to gather all these documents right away. One more question - should I keep making the minimum payments while waiting for the waiver decision or will that hurt my case by showing I can afford to pay?

0 coins

Sofia Ramirez

•

Great question. If you can afford the minimum payments without hardship, making them won't hurt your case and can prevent collection activities. However, if making payments would cause financial hardship (can't pay rent, utilities, etc.), document that in your waiver application. You can also request a temporary payment deferral while your waiver is being processed - call ESD specifically for this or note it on your waiver form.

0 coins

Dmitry Volkov

•

I applied for a waiver back in February and STILL haven't heard anything. Meanwhile they've started garnishing my wages! Has anyone else experienced this ridiculous wait time? Should I submit another waiver request or just give up and set up a payment plan? The whole system is designed to exhaust you into giving up.

0 coins

Don't submit another waiver - that could restart your waiting period. Instead, call ESD and ask for the status of your waiver. If they're garnishing wages while a waiver is pending, that's actually against their own policy. Request an immediate review and temporary hold on collections while your waiver is being processed. Be persistent - sometimes the left hand doesn't know what the right is doing at ESD.

0 coins

i know someone who just ignored the overpayment notices and nothing ever happened to them lol

0 coins

Amara Okafor

•

Terrible advice!!! ESD WILL eventually send it to collections, garnish wages up to 25%, take tax refunds, and even put liens on property. They have YEARS to collect and the debt doesn't just disappear. Plus interest accumulates the whole time!

0 coins

Dylan Cooper

•

Just curious - is anyone else noticing that ESD seems more willing to waive pandemic overpayments than regular UI overpayments? My cousin and I both had overpayments (mine from regular UI in 2025, hers from PUA in 2020) and she got hers waived easily while I'm still fighting mine.

0 coins

Sofia Ramirez

•

You're correct. There were special federal guidelines for pandemic programs (PUA, PEUC, etc.) that allowed for more flexible waiver criteria. Regular UI claims follow stricter state-level rules for waivers. This policy difference continues even though we're well past the pandemic period.

0 coins

Liam Sullivan

•

Update: I submitted my waiver request yesterday with TONS of documentation. I included a very detailed explanation of how I misunderstood the reporting requirements during the pandemic and provided bank statements showing I have less than $500 to my name right now. Fingers crossed! Thanks everyone for the advice and I'll post again when I hear back from ESD.

0 coins

Amara Okafor

•

Good luck! Be prepared to wait 6-8 weeks for a response. In the meantime, if they start any collection activities, immediately call and reference your pending waiver application.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,572 users helped today