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Santiago Martinez

Can a 1099 file for unemployment in Washington ESD - self-employed eligibility questions

I've been working as a freelance graphic designer for the past two years, getting 1099s from my clients. My work has really dried up the last few months and I'm wondering if I can file for unemployment benefits with Washington ESD? I know regular employees can file but I'm not sure about 1099 workers. Has anyone been in this situation? I pay self-employment taxes so I'm hoping that means I'm covered somehow.

Unfortunately, 1099 contractors typically aren't eligible for regular unemployment insurance in Washington. You need to have wages reported on a W-2 from an employer who paid into the UI system. Since you're self-employed, your clients weren't paying unemployment taxes on your behalf.

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That's what I was afraid of. So there's really no safety net for freelancers like me?

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There might be other programs though - keep reading the thread for more info

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Actually, Washington does have some options for self-employed individuals now. You should look into the Self-Employment Assistance Program (SEAP) if you're interested in starting a business. Also, if you had any W-2 employment in the past 18 months, you might still qualify for regular UI benefits based on those wages.

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I did have a part-time W-2 job about 8 months ago that I worked for 3 months. Would that count?

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Yes! If you earned enough in covered wages during your base period, you could potentially qualify. You'll need to file a claim and Washington ESD will determine your eligibility based on those W-2 wages.

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Wait really? I didn't know you could mix 1099 and W-2 work like that for unemployment purposes

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I'm in a similar boat - been doing 1099 work for years and it's been really slow. The whole system seems designed only for traditional employees. Have you tried calling Washington ESD directly to ask about your specific situation?

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I've tried calling but can never get through. The phone lines are always busy.

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I had the same problem with getting through to Washington ESD until I found Claimyr. It's a service that helps you actually reach a real person at unemployment offices. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Finally got my questions answered after weeks of trying.

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How does that work exactly? Do they just keep calling for you or something?

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The key thing to understand is that Washington ESD looks at your base period wages - that's usually the first 4 of the last 5 completed quarters. If you had any W-2 employment during that time and earned at least $1,000 in your highest quarter, you might qualify.

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How do I figure out what my base period is exactly? This is all confusing.

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If you're filing now in 2025, your base period would be January 2024 through December 2024. You need wages from W-2 employment during those quarters, not 1099 income.

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Also remember you have to be able and available for work, which gets tricky if you're still doing freelance projects on the side

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Just to be clear - your 1099 income won't count toward unemployment eligibility, but if you had W-2 wages in your base period, those wages could make you eligible. You'd still need to meet the work search requirements and be available for traditional employment though.

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What are the work search requirements? Do I have to stop freelancing completely?

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You need to make 3 job search contacts per week and register with WorkSource. You can still do some freelance work but there are earnings limits - you have to report any income.

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The earnings limits are important - if you make too much from 1099 work in a week, it could affect your benefits for that week

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I went through this exact situation last year. Had been freelancing for 3 years but worked a temp job for a few months in 2023. Washington ESD approved my claim based on those temp wages even though most of my recent work was 1099. Took forever to get through to them though.

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That gives me hope! How long did the whole process take from filing to getting your first payment?

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About 6 weeks total, but 4 of those weeks were just trying to talk to someone to explain my mixed employment situation. Once they understood it, the approval was pretty quick.

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6 weeks?? That's ridiculous. The system is so broken for anyone with non-traditional work arrangements.

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Don't forget about the monetary determination letter - that will show exactly which quarters and employers they're using to calculate your benefits. If they miss any W-2 wages, you can appeal and provide additional documentation.

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Good point. I should probably gather all my old pay stubs and tax documents before I file.

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Exactly. Have everything ready because if there's any discrepancy, it could delay your claim or put it into adjudication.

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What's adjudication? Is that bad?

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Adjudication is when they need to investigate something about your claim before approving it. Can add weeks or months to the process unfortunately.

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Another thing - if you do qualify based on W-2 wages, your weekly benefit amount will be calculated only on those wages, not your 1099 income. So it might be lower than you expect if the W-2 job was part-time or low-paying.

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That makes sense. My W-2 job was only part-time so the benefits probably won't be much, but something is better than nothing right now.

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Absolutely. Even a small weekly benefit can help cover basic expenses while you look for more stable work.

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Plus you might qualify for the additional federal programs if you're having trouble finding work in your field

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Has anyone dealt with the issue of availability while doing freelance work? I'm worried they'll say I'm not available for full-time employment if I'm still taking on projects.

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You have to be careful about this. Technically you need to be available for full-time work during normal business hours. If you're actively freelancing, it could be seen as not being available.

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This is getting complicated. Maybe I should talk to someone at Washington ESD before I file to make sure I understand all the rules.

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Good luck getting through on the phone though. I've been trying for weeks with no success.

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I second the recommendation for Claimyr if you need to actually talk to someone at Washington ESD. I was skeptical at first but it really works - got connected to an agent within a day after trying to call myself for over a month. Worth checking out their site and video demo if traditional calling isn't working.

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How much does something like that cost? I'm already tight on money.

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I'd rather not get into specific costs here, but for me it was worth it to finally get answers instead of wasting weeks calling. You can check their website for current rates.

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Honestly any cost is probably worth it if it saves you weeks of frustration and gets your claim processed faster

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One more thing to consider - if you don't qualify for regular unemployment, you might want to look into other assistance programs. SNAP, housing assistance, utility help, etc. There are resources for self-employed folks who fall through the unemployment cracks.

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That's a good point. I hadn't thought about other programs. Do you know where to find information about what's available?

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Start with 211 - dial 2-1-1 or visit wa211.org. They can connect you with local resources and assistance programs in Washington.

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Also check with your county's social services department. They often have emergency assistance programs.

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The bottom line is you should definitely file a claim if you had any W-2 wages in your base period. The worst they can do is deny it, but you might be surprised and qualify. The online application will walk you through the process and ask about all your employment.

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You're right, I should just file and see what happens. Thanks everyone for all the helpful info!

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Exactly! And remember to file weekly claims even if your monetary determination is pending. Don't want to miss out on any weeks you might be eligible for.

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Good luck! Hope it works out for you. The freelance life is tough without a safety net.

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Just wanted to add - if your claim gets approved, make sure you understand the overpayment rules. If you earn too much in a week from freelance work and don't report it properly, you could end up owing money back to Washington ESD.

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How much can you earn before it affects your benefits?

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It varies based on your weekly benefit amount, but generally you can earn up to a certain amount before they start reducing your benefits dollar for dollar. The exact calculation is on the Washington ESD website.

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And ALWAYS report any earnings, even if it's just $20. Better to be safe than sorry with overpayments.

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Final tip - keep detailed records of everything. Your job search activities, any freelance income, correspondence with Washington ESD, etc. If there are ever any questions about your claim, having good documentation will save you a lot of headaches.

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Great advice. I'll start a folder with all my employment documents and track everything going forward.

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Smart move. Organization is key when dealing with any government benefit program.

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Yeah, and screenshot everything online too. Sometimes their system glitches and you'll want proof of what you submitted.

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