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Natasha Petrova

Can Washington ESD unemployment overpayment be forgiven - options for relief?

I just received a notice from Washington ESD saying I owe $4,200 in overpayment from benefits I received 8 months ago. The letter mentions something about 'non-fraud overpayment' but I'm completely overwhelmed by the repayment amount. I've heard that sometimes these overpayments can be forgiven or reduced, but I can't find clear information on Washington ESD's website. Has anyone successfully gotten an overpayment forgiven? What are the actual options for getting relief from this debt?

Yes, Washington ESD does have options for overpayment relief, but it depends on your specific situation. For non-fraud overpayments, you can request a waiver if repayment would cause financial hardship. You'll need to submit form ESD 1045 (Request for Overpayment Waiver) along with documentation of your income and expenses.

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Thank you! I couldn't find that form number anywhere. Do you know what kind of documentation they typically want to see?

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They usually want bank statements, pay stubs, rent/mortgage statements, utility bills, and a completed financial statement showing your monthly income vs expenses.

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i went through this last year and it was a nightmare trying to get through to anyone at washington esd to even talk about my options. spent weeks calling and either got busy signals or got hung up on after waiting 2+ hours

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Same experience here. The phone system is absolutely broken. I eventually found this service called Claimyr that actually got me connected to a real person at Washington ESD within like 20 minutes. You can check it out at claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Really? That sounds too good to be true but I'm desperate at this point. Did they charge you a lot?

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It was worth it for me because I needed to get my waiver request clarified and couldn't reach anyone the normal way. Way better than losing days calling over and over.

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The waiver process isn't automatic - you have to prove that paying back the overpayment would prevent you from meeting basic living expenses. Washington ESD looks at your current financial situation, not what it was when you received the benefits. They also consider if you received the overpayment through no fault of your own.

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What counts as 'no fault of your own'? I reported my work hours correctly every week on my weekly claims.

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That's actually a good sign for your case. If the overpayment was due to Washington ESD's error in processing your claim rather than you providing incorrect information, you have a stronger case for waiver approval.

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DONT COUNT ON GETTING IT FORGIVEN!! I applied for a waiver 6 months ago and they denied it even though I'm basically living paycheck to paycheck. Now they're garnishing my wages and I can barely afford groceries. The whole system is designed to screw over regular people.

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Did you appeal the waiver denial? You have 30 days from the denial notice to file an appeal with the Office of Administrative Hearings.

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I didn't know I could appeal that. The denial letter was confusing and I thought that was it.

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You might still be able to file a late appeal if you can show good cause for missing the deadline. It's worth trying.

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Just want to add that even if you don't qualify for a full waiver, Washington ESD might approve a payment plan. I'm paying $75/month on a $2,800 overpayment instead of the lump sum they originally wanted.

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How did you set up the payment plan? Did you have to call them or is there a form for that too?

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I had to call and speak to someone in their overpayment unit. Took forever to get through but they were actually helpful once I reached them.

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wait I'm confused - can they really garnish wages for unemployment overpayments? I thought that was only for like child support and taxes

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Yes, Washington ESD can garnish wages, intercept tax refunds, and even place liens on property for unpaid overpayments. It's considered a debt to the state.

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omg that's terrifying. I have a small overpayment I've been ignoring...

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Don't ignore it! Contact Washington ESD as soon as possible to discuss your options. The longer you wait, the fewer options you'll have.

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I successfully got my overpayment waived last year but it took 4 months and a lot of documentation. The key was proving financial hardship with detailed expense records and showing that the overpayment wasn't my fault. I had to provide 3 months of bank statements, utility bills, medical expenses, everything.

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What was your overpayment for? Was it related to work search requirements or something else?

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Mine was because Washington ESD initially approved my standby status but then decided I didn't actually qualify. Since I followed their instructions and reported everything correctly, they approved the waiver.

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Another option people don't know about is requesting a compromise settlement. If you can pay a lump sum that's less than the full amount, Washington ESD might accept it as payment in full. But you have to show you can't pay the full amount and that the compromise is in the state's best interest.

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That's true, but compromise settlements are pretty rare. Washington ESD only approves them in specific circumstances, usually when collection costs would exceed the amount they'd recover.

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Yeah it's not common but worth knowing about if you have access to some money but not the full amount.

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Whatever you do, don't just ignore the overpayment notice. I made that mistake and ended up with penalties and interest added on top of the original amount. The debt went from $1,800 to over $2,400 because I stuck my head in the sand.

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How much interest do they charge? My notice didn't mention anything about interest.

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I think it's 1% per month on the unpaid balance, plus they can add collection fees if it goes to a collection agency.

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Has anyone here actually gotten through to Washington ESD lately about overpayments? I've been trying for two weeks and can't reach a human being. The automated system just keeps transferring me in circles.

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I had the same problem until someone recommended Claimyr to me. It's a service that gets you connected to Washington ESD agents. Worked perfectly for my overpayment questions - got through in about 15 minutes instead of hours of calling.

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Is that expensive? I'm already stressed about money because of this overpayment.

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It was worth it for me to get my questions answered quickly. Way less stressful than the endless calling. Check out their demo at https://youtu.be/7DieNd3C7zQ to see how it works.

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Just to clarify for anyone reading this - the waiver process is specifically for NON-FRAUD overpayments. If Washington ESD determines you committed fraud, you cannot get a waiver and the overpayment must be repaid in full.

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My notice specifically says 'non-fraud overpayment' so I should be eligible for the waiver process, right?

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Yes, that's a good sign. Non-fraud overpayments are typically due to Washington ESD errors, changes in circumstances, or misunderstandings rather than intentional deception.

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Something else to consider - if you're currently receiving any state benefits, they might offset your overpayment against future benefits. This happened to my neighbor with her food stamps.

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That's correct. Washington ESD can intercept various state benefits and tax refunds to collect overpayments. It's called 'offset' and it happens automatically unless you have an approved payment plan or waiver.

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Yeah, she didn't know about it until her benefits were suddenly reduced. Really caught her off guard financially.

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I went through the waiver process and got approved but it took almost 6 months. During that time I kept getting collection notices which was really stressful. Make sure you follow up regularly on your waiver application status.

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Did you have to keep making payments while the waiver was being reviewed?

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I didn't make payments during the review period, but I documented everything and stayed in communication with Washington ESD. Once the waiver was approved, the debt was completely forgiven.

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if your overpayment is less than $1000 they might just write it off eventually. my friend had a $600 overpayment that disappeared after like 2 years without her doing anything. but idk if that's official policy or what

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That's not reliable advice. Washington ESD doesn't have a policy of automatically writing off small overpayments. Your friend might have qualified for a waiver without realizing it, or there could have been other factors involved.

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fair enough, probably not something to count on

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For anyone dealing with this, document EVERYTHING. Keep copies of all your communications with Washington ESD, your waiver application, financial documents, everything. I had to resubmit my entire waiver packet because they claimed they never received it.

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Good advice. Should I send the waiver form by certified mail or is regular mail okay?

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Definitely certified mail with return receipt. That way you have proof they received it. Also keep copies of everything you send.

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The Washington ESD website has a section about overpayment waivers but it's pretty basic. The real details about what documentation they want and how they evaluate hardship aren't clearly spelled out anywhere. I had to call multiple times to get straight answers.

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That's the frustrating thing about dealing with Washington ESD - so much important information isn't readily available online. You have to dig for it or talk to someone who knows the system.

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Exactly. And good luck actually reaching someone who can give you accurate information without waiting hours on hold.

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I'm in a similar situation with a $3,100 overpayment. Reading all these responses is actually making me feel a bit more hopeful that there might be options I didn't know about. Thanks everyone for sharing your experiences.

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Same here! I was feeling pretty hopeless when I first got the notice but sounds like it's worth trying for the waiver.

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Don't give up. The waiver process exists for a reason, and if you truly have financial hardship and the overpayment wasn't your fault, you have a legitimate case to make.

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I'm dealing with a similar overpayment situation and this thread has been incredibly helpful. One thing I want to add is that if you're struggling financially, you might also want to look into free legal aid services in your area. Many legal aid organizations have experience with unemployment overpayment cases and can help you navigate the waiver process or appeals. I found that having someone who understands the system review my paperwork before I submitted it made a huge difference. Also, when you're gathering financial documents for the waiver, include everything that shows your monthly expenses - even things like prescription medications, transportation costs, and childcare. The more complete picture you can paint of your financial situation, the better your chances of approval.

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This is really excellent advice about legal aid services! I hadn't thought about that option but it makes total sense that they would have experience with these cases. Do you know if there are any specific legal aid organizations in Washington state that specialize in unemployment issues, or should I just contact my local legal aid office? Also, your point about including all expenses is spot on - I was only thinking about the major ones like rent and utilities, but things like medical costs and transportation really do add up and show the full picture of financial hardship.

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