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Anastasia Fedorov

Do you have to pay back unemployment benefits in Washington - confused about overpayment notice

I just got this scary letter from Washington ESD saying I might have to pay back some of my unemployment benefits from last year. I'm totally confused because I thought once you got approved for UI, that money was yours to keep. The letter mentions something about an overpayment but doesn't really explain why. Do you actually have to pay back unemployment benefits? I'm really worried because I already spent that money on rent and groceries. Has anyone else dealt with this?

Unfortunately yes, you can be required to pay back unemployment benefits in certain situations. Washington ESD can determine you received an overpayment if you weren't eligible for some or all of the benefits you received. Common reasons include not reporting work income, not being able and available for work, or issues with your job separation. Did the letter specify what type of overpayment they're claiming?

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It just says 'overpayment determination' but doesn't give specifics. Should I be panicking right now?

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Don't panic yet. You have appeal rights if you disagree with their determination. The letter should include instructions on how to request a hearing.

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This happened to me too! Washington ESD said I had to pay back $2,800 because I didn't report some part-time work correctly. I was so stressed trying to get through to someone to explain my situation. The phone lines are always busy and I kept getting disconnected.

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How did you finally get through to talk to someone? I've been trying to call for days.

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I actually used this service called Claimyr that helped me get through to a Washington ESD agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. It was a lifesaver because I needed to explain my work situation properly.

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Did they waive the overpayment once you explained everything?

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Yes, unfortunately overpayments are real and you typically do have to pay them back. The most common reasons for Washington ESD overpayments include: 1) Not reporting work earnings during weeks you claimed, 2) Being found ineligible after an adjudication process, 3) Errors in your claim processing, 4) Not meeting job search requirements. You should receive a detailed explanation of why they determined you were overpaid.

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What if I genuinely made a mistake and didn't know I was supposed to report something?

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Even honest mistakes can result in overpayments, but Washington ESD may waive penalties if it was truly unintentional. You'll need to request a waiver and provide documentation.

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The unemployment system is such a scam! They make it so complicated that normal people can't navigate it properly, then they come after you for money later. I bet half the people getting these overpayment notices did nothing wrong.

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While the system can be complex, overpayment determinations are usually based on legitimate eligibility issues. That's why it's important to appeal if you believe the determination is incorrect.

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Easy for you to say. Some of us can't afford lawyers to fight these things.

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You don't need a lawyer for an unemployment appeal. You can represent yourself at the hearing.

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I had to pay back $1,200 last year because I didn't realize I had to report my freelance income. Even though it was only like $50 here and there, Washington ESD said any work had to be reported. The good news is they let me set up a payment plan so I didn't have to pay it all at once.

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How long did they give you to pay it back? And did they charge interest?

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They gave me 12 months to pay and yes, there's a small interest charge. But it was manageable compared to paying the lump sum.

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same thing happened to my sister she had to pay back like 3000

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Did she appeal it or just pay it back?

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she tried to appeal but gave up because it was too much hassle

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Important reminder: you have 30 days from the date of the overpayment notice to file an appeal. Don't let that deadline pass if you believe the determination is wrong. The appeal process allows you to present evidence and explain your situation to an administrative law judge.

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What kind of evidence should I gather for an appeal?

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Gather any documents related to your work history, pay stubs, correspondence with Washington ESD, and documentation showing you met eligibility requirements during the weeks in question.

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This is why I was so paranoid about reporting everything when I was on unemployment. I reported every single penny I earned, even from selling stuff online. Better safe than sorry with Washington ESD.

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That's the right approach. It's always better to over-report than under-report when it comes to earnings while claiming UI benefits.

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I wish someone had told me this earlier. I thought casual cash jobs didn't count.

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Just an update on my situation - I was able to get my overpayment reduced after explaining my work situation to the Washington ESD agent. Turns out I was reporting my hours correctly but they had the wrong hourly wage on file. Getting through to speak with someone was the key to resolving it.

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That's great news! I really need to try that Claimyr service you mentioned to get through to someone.

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How long did it take to resolve once you talked to an agent?

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About two weeks after my call. They had to review my wage records and issue a corrected determination.

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I'm dealing with this right now too. Washington ESD says I owe back $4200 because of some issue with my job separation that they're just now finding out about. This is from benefits I received 8 months ago! How can they come after you so long after the fact?

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Washington ESD can recover overpayments for up to 6 years in some cases. If new information comes to light about your eligibility, they can make retroactive determinations.

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That seems really unfair. How was I supposed to know there would be an issue months later?

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Does anyone know if they can garnish your wages or tax refund for unemployment overpayments? I'm worried about what happens if I can't afford to pay it back right away.

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Yes, Washington ESD can use various collection methods including wage garnishment, bank levies, and intercepting tax refunds. But they usually try to work out payment plans first if you contact them proactively.

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Yikes, that's scary. I better call them ASAP to work something out.

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I heard someone mention Claimyr earlier for getting through to Washington ESD agents. Has anyone else used that service? I've been trying to call for weeks with no luck.

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My cousin went through this last year. Ended up owing $1800 because she didn't report some part-time hours correctly. The stress of it all made her really sick. She eventually paid it back but it took months of back and forth.

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Did she try to appeal it at all?

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She wanted to but felt overwhelmed by the process and just decided to pay it back to get it over with.

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One thing to keep in mind is that some overpayments are considered 'fraud' overpayments which come with penalties, while others are 'non-fraud' overpayments from honest mistakes. The penalties for fraud overpayments are much higher, so it's important to understand which type you're facing.

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How can you tell which type it is from the notice?

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The notice should specify whether it's fraud or non-fraud. If it doesn't clearly state this, you should call Washington ESD to clarify.

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Mei Lin

I successfully appealed my overpayment determination last year. The key was having all my documentation organized and presenting a clear timeline of events. Don't give up if you believe the determination is wrong - the appeals process exists for a reason.

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What was your overpayment for and how did you prove it was wrong?

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Mei Lin

They said I voluntarily quit my job, but I actually was laid off due to lack of work. I had emails from my supervisor confirming the layoff that proved my case.

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This whole thread is making me paranoid about my own unemployment claim. I've been super careful but now I'm second-guessing everything I reported.

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As long as you've been honest and reported all work and earnings, you should be fine. Most overpayments result from unreported income or work.

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That's reassuring. I've kept detailed records of everything just in case.

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For anyone dealing with this, make sure you don't ignore the overpayment notice. Even if you can't pay right away, contact Washington ESD to discuss your options. Ignoring it will only make things worse.

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This is solid advice. I made the mistake of putting off dealing with mine and ended up with additional penalties.

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Thanks everyone for all the advice. I'm going to try to get through to Washington ESD tomorrow to understand exactly what happened with my claim.

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Just want to echo what others have said about Claimyr - I used them last month when I couldn't get through to Washington ESD about my adjudication issue. It really works and saved me hours of calling. Worth checking out their demo video if you're having trouble reaching an agent.

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I think I'm going to try that service. This thread has been really helpful - thanks everyone!

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Good luck with your situation. Hopefully it's just a simple mistake that can be cleared up quickly.

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I went through something similar last year. The key thing to remember is that Washington ESD overpayment notices can look scarier than they actually are. In many cases, there are legitimate reasons for the determination that can be resolved once you understand what happened. The most important thing is to read the notice carefully to see if it specifies the reason for the overpayment - was it unreported wages, eligibility issues, or something else? Don't panic, but do act quickly since you only have 30 days to appeal if you disagree with their decision. I'd recommend calling them as soon as possible to get clarification on exactly what triggered the overpayment determination.

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Lucas Bey

Thanks for the reassuring perspective! I'm definitely going to read through that notice more carefully. You're right that I've been focusing on how scary it looks rather than trying to understand the actual details. I've been putting off calling because I was afraid of what they might tell me, but it sounds like getting clarification is really the first step. Did you end up having to pay back anything in your case, or were you able to resolve it?

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