Do ESD overpayment appeals accrue interest while waiting for hearing date?
Just received a notice from ESD saying I have an overpayment of $5,800 from benefits I collected last winter. I immediately filed an appeal (this was 6 weeks ago) but haven't gotten a hearing date yet from the Office of Administrative Hearings. My question is: will ESD be charging interest on this amount while I'm waiting for my appeal to be heard? I'm really stressed about this because even if I win, it could be months before this gets resolved. Has anyone been through the overpayment appeal process recently? The letter mentions something about 'collection activities' being suspended during appeal but doesn't specifically address interest.
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Jay Lincoln
Went through this last yr. No interest during appeal process BUT collection activities are only paused once OAH ackowledges ur appeal. Make sure u got that confirmation email! If u lose appeal interest starts from decision date not original notice date
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Brooklyn Foley
•Thanks! I did get an email from OAH with a confirmation number but no hearing date yet. Do you remember how long it took to get your hearing scheduled?
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Jessica Suarez
I just finished my appeal for a $7,200 overpayment last month. Here's what happens: no interest accrues during the appeal, but ESD will start interest 30 days after a final decision if you lose. My appeal took almost 4 months from filing to hearing date, then another 3 weeks for the judge's decision. Make sure you have ALL your documentation ready - pay stubs, any communications with employers, every ESD notice. The burden of proof is technically on ESD but in reality you need to prove your case. Also, consider requesting a repayment plan even while appealing - it shows good faith.
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Brooklyn Foley
•4 months?! That's so much longer than I expected. Did you try calling ESD during that time to check on status? I can never get through to an actual person.
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Marcus Williams
•If you're struggling to reach ESD, I used Claimyr last month when I had a similar issue with my overpayment appeal. It got me through to an ESD agent in about 25 minutes after spending days trying on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Their website is claimyr.com - it basically holds your place in line so you don't have to keep redialing.
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Lily Young
Former OAH employee here. To directly answer your question: According to RCW 41.40.195, ESD cannot charge interest during the pendency of an appeal. Interest only begins to accrue 30 days after a final determination (if you lose). However, if you withdraw your appeal or miss your hearing, interest can be assessed retroactively to the original determination date. Your waiting period of 6+ weeks for a hearing date is unfortunately normal. The OAH is significantly backlogged with cases, especially unemployment appeals. Current wait times are averaging 3-5 months depending on case complexity.
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Brooklyn Foley
•Thank you so much for this detailed information! This is exactly what I needed to know. Is there anything specific I should be preparing for the hearing to give myself the best chance?
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Lily Young
•Absolutely. For overpayment appeals, focus on these key areas: 1. Document ALL earnings reported to ESD during the periods in question 2. Provide evidence of any communications with ESD where you asked for guidance 3. Prepare a clear timeline of work/unemployment 4. If the overpayment is due to availability issues, gather evidence of your job search activities 5. Request your complete claim file from ESD before the hearing (this is crucial) Also, request a pre-hearing conference if possible. This can sometimes resolve issues without a full hearing.
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Kennedy Morrison
does ne1 know if u can still file weekly claims during the appeal process?? i got hit with a 4k overpayment but still need benefits!!
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Jessica Suarez
•Yes, you can and SHOULD continue to file weekly claims during appeal if you're still eligible. Your current eligibility is separate from the overpayment issue (unless you were completely disqualified). Just be extra careful about reporting all earnings and job search activities accurately.
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Wesley Hallow
THE WHOLE ESD SYSTEM IS RIGGED!!! I appealed an $8K overpayment in 2024 and waited FIVE MONTHS for a hearing, and the judge just rubber-stamped whatever ESD said!!! They claimed I didn't report some income but I HAD THE PROOF I DID and they still ruled against me. Now they're taking 25% of my paycheck AND charging interest!!! The appeal process is just for show - they ALWAYS side with ESD. Document EVERYTHING and record all phone calls (WA is a two-party state so tell them you're recording). The system is designed to frustrate you into giving up.
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Jay Lincoln
•Sry that happened 2 u but not always true. I won my appeal last yr. Judge was super fair & actually ruled AGAINST esd because they couldnt prove I got certain notices. Depends on ur specific case + evidence
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Justin Chang
•I'm getting really worried reading all this. I have my hearing in two weeks for a similar amount. @profile2 - did you have a representative or attorney at your hearing? I'm wondering if I should get one...
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Jessica Suarez
•@profile5 You don't necessarily need an attorney for an ESD hearing, but it can help with complex cases. The Unemployment Law Project offers free/low-cost legal help for unemployment appeals: https://unemploymentlawproject.org/
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Brooklyn Foley
Thanks everyone for the helpful responses! I called ESD today using that Claimyr service mentioned below (which actually worked!), and they confirmed what @profile1 said - no interest during the appeal process. The agent also let me know my hearing is tentatively scheduled for early November, about 4 months from when I filed the appeal. I'm going to start gathering all my documentation now. I'll update this thread after my hearing in case it helps anyone else going through this process.
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Jessica Suarez
•Good luck with your hearing! One more tip: the judge will often ask if you want to negotiate a settlement with ESD before the hearing starts. Sometimes they'll reduce the overpayment amount substantially if you agree not to contest it. Worth considering depending on how strong your case is.
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Brooklyn Foley
•That's really good to know! I'll definitely consider that option depending on what evidence ESD presents. Thank you!
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