Do you have to pay back unemployment if Washington ESD finds an overpayment?
I'm really stressed about this. I was on unemployment for about 6 months last year after getting laid off from my warehouse job. I followed all the rules, did my weekly claims, reported my work search activities, everything. But now I'm getting these scary letters from Washington ESD talking about overpayments and having to pay money back. I don't understand how this happened - I was honest about everything. Do they really make you pay back unemployment benefits? What happens if you can't afford it? I'm barely making ends meet with my new job and the thought of owing thousands to the state is keeping me up at night.
55 comments


Amara Torres
Yes, unfortunately Washington ESD can and will require you to pay back unemployment benefits if they determine you received an overpayment. This can happen for several reasons: reporting errors, employer protests after the fact, or even Washington ESD's own processing mistakes. The important thing is to not ignore the notices - you have appeal rights and payment plan options.
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Elijah O'Reilly
•How long do you have to appeal? The letter is kind of confusing about the timeline.
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Amara Torres
•You typically have 30 days from the date on the overpayment notice to file an appeal. Don't wait - even if you're not sure you want to appeal, it's better to file and preserve your rights.
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Olivia Van-Cleve
I went through this exact same thing two years ago. Washington ESD said I owed $4,200 because my former employer contested my claim months after I'd already been receiving benefits. It was a nightmare trying to get through to anyone to explain what happened.
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Elijah O'Reilly
•What did you end up doing? Did you have to pay it all back?
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Olivia Van-Cleve
•I ended up using a service called Claimyr that helped me get through to Washington ESD agents. You can check them out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Got my case resolved in about 2 weeks instead of months of trying to call.
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Mason Kaczka
this is my worst nightmare right here. I'm currently on unemployment and now I'm paranoid I'm doing something wrong. How do you even know if you're going to get hit with one of these overpayment things later??
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Amara Torres
•The best protection is keeping detailed records of everything - your job search log, any work you do, all correspondence with Washington ESD. Most overpayments happen because of miscommunication or late employer responses.
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Mason Kaczka
•I keep everything in a folder but it's still scary knowing this could happen months later
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Sophia Russo
There are different types of overpayments and the rules vary. If it's determined to be fraud (which is rare for honest mistakes), you'll owe penalties and interest. If it's a non-fraud overpayment, you just owe the principal amount back. Washington ESD will work with you on payment plans if you can't pay it all at once.
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Elijah O'Reilly
•How do they determine if it's fraud vs just a mistake? My situation was definitely not intentional.
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Sophia Russo
•Fraud requires intent to deceive. If you were honestly reporting your information and there was just a misunderstanding or error, it should be classified as non-fraud. This is why appealing is so important - you can present your case.
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Evelyn Xu
The whole system is designed to screw over working people. They make it impossible to reach anyone when you need help, then hit you with these surprise bills months later. I've been trying to call Washington ESD for three weeks about my own overpayment notice and can't get through to a human being.
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Dominic Green
•Have you tried calling right when they open? I've had better luck getting through early morning.
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Evelyn Xu
•I've tried every time slot, different phone numbers, everything. The system just hangs up on you after 2 hours on hold.
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Olivia Van-Cleve
•This is exactly why I used Claimyr - they bypass all that phone tree nonsense and get you directly to agents who can actually help resolve overpayment issues.
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Hannah Flores
Wait, can they garnish your wages for unemployment overpayments? That's what I'm really worried about.
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Sophia Russo
•Yes, Washington ESD can garnish wages, tax refunds, and even bank accounts for unpaid overpayments. But they usually try to work with you on payment plans first if you communicate with them.
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Hannah Flores
•Great, so ignoring it isn't an option. Thanks for the info.
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Kayla Jacobson
I successfully appealed my overpayment last year. The key was getting all my documentation together and clearly explaining the timeline of events. My employer had initially said I was laid off, then months later claimed I was fired for cause. I had to prove the original layoff was legitimate.
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Elijah O'Reilly
•How long did the appeal process take? And did you need a lawyer?
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Kayla Jacobson
•Took about 6 weeks total. I didn't use a lawyer - just presented my case clearly with documentation. The hearing was done over the phone and was pretty straightforward.
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William Rivera
The worst part is they don't tell you WHY you owe money back. My notice just had a bunch of dates and dollar amounts but no explanation of what I supposedly did wrong.
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Amara Torres
•You can request a detailed explanation of the overpayment determination. Sometimes it's buried in the paperwork, but you have a right to understand exactly what they're claiming.
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William Rivera
•I've been trying to get that explanation for months. Can't get through to anyone at Washington ESD who can actually explain it.
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Grace Lee
Does anyone know if you can get the overpayment waived? I heard there are some circumstances where they'll forgive the debt.
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Sophia Russo
•Waivers are available in limited circumstances - usually when the overpayment was entirely Washington ESD's fault and you had no way of knowing it was incorrect. The criteria are pretty strict though.
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Grace Lee
•Mine was definitely their mistake - they approved my claim then decided months later I wasn't eligible. Worth a shot I guess.
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Mia Roberts
I'm dealing with this right now too. Got a notice saying I owe $2,800 from benefits I received 8 months ago. I've been trying to reach Washington ESD for weeks but their phone system is absolutely useless.
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The Boss
•Same boat here - owe $3,200 apparently. The calling situation is ridiculous. Someone mentioned Claimyr earlier - might be worth checking out if you need to actually talk to someone at Washington ESD.
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Mia Roberts
•Yeah I saw that. Might have to try it because this regular calling thing isn't working at all.
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Evan Kalinowski
Pro tip: if you do owe money back, set up a payment plan immediately. The longer you wait, the more they can do to collect. I'm paying $150/month on my $2,400 overpayment and it's manageable.
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Elijah O'Reilly
•How do you set up a payment plan if you can't reach them by phone?
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Evan Kalinowski
•There should be information about payment plans in your overpayment notice. You can also try their website, though it's not always clear what the options are.
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Victoria Charity
The whole thing is such a scam. They make it impossible to understand what you did wrong, impossible to reach anyone for help, then threaten to garnish your wages. It's like they're trying to trap people.
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Jasmine Quinn
•I get the frustration but panicking won't help. Focus on gathering your documentation and filing an appeal if you think the overpayment is wrong.
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Victoria Charity
•Easy to say when you're not the one getting threatening letters about money you don't have.
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Oscar Murphy
Does the overpayment affect your ability to file for unemployment in the future? Like if I pay this back, can I still get benefits if I lose my job again?
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Sophia Russo
•Paying back an overpayment doesn't disqualify you from future benefits. However, if you have an outstanding overpayment balance, Washington ESD may offset future benefits to collect what you owe.
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Oscar Murphy
•Good to know. So it's definitely better to deal with it now rather than let it sit.
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Nora Bennett
I was in a similar situation and it turned out my employer had provided incorrect information to Washington ESD months after my claim was approved. Once I got through to someone who could actually look at my case, they reversed the overpayment.
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Elijah O'Reilly
•How did you finally get through to someone? That seems to be the biggest challenge.
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Nora Bennett
•I used that Claimyr service someone mentioned earlier. Worth every penny to avoid the phone system nightmare and get actual help with my case.
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Ryan Andre
Just want to add that you should keep copies of EVERYTHING related to your unemployment claim. I threw away my job search logs thinking I wouldn't need them, and now I'm kicking myself because I can't prove I was actually looking for work.
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Elijah O'Reilly
•I think I kept most stuff but now I'm worried it's not enough. This whole situation is really stressing me out.
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Amara Torres
•Don't panic. Even if you don't have perfect records, you can still appeal and explain your situation. The key is to be proactive rather than ignoring the notices.
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Lauren Zeb
The bottom line is yes, you do have to pay back unemployment overpayments, but you have rights in the process. Don't let Washington ESD bully you into paying without understanding what happened. Appeal if you think it's wrong, get help if you can't reach them by phone, and work out a payment plan if you do owe money.
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Elijah O'Reilly
•Thanks everyone for all the advice. I feel a bit better knowing I'm not alone in this and that there are options.
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Daniel Washington
•Good luck with your situation. Remember that most of these overpayment issues can be resolved with persistence and the right help.
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Mateo Lopez
I went through something similar last year and know how overwhelming it can feel. The first thing to understand is that overpayments can happen even when you've done everything right - sometimes it's due to employer disputes filed months later, or even processing errors on Washington ESD's end. The key is to not panic and take action quickly. You mentioned you followed all the rules and were honest, which puts you in a good position if you need to appeal. Make sure you understand exactly why they're claiming an overpayment occurred - you have the right to a detailed explanation. If the amount seems wrong or the reasoning doesn't make sense, definitely consider filing an appeal within the 30-day window. Many people have successfully gotten overpayments reduced or eliminated entirely when they can show the determination was incorrect.
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Layla Sanders
•This is really helpful advice, thank you. I think part of my stress is not understanding exactly what they think I did wrong. The letter has a bunch of dates and dollar amounts but doesn't clearly explain their reasoning. How do you request that detailed explanation you mentioned? Is that something you have to do formally or can you just ask when you call?
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Gabriel Graham
•You can request a detailed explanation both formally and informally. When you call (if you can get through), just ask the agent to explain the specific reasons for the overpayment determination. You can also submit a written request through their online portal or by mail asking for a breakdown of how they calculated the overpayment and what specific weeks or issues triggered it. Sometimes the explanation is in the fine print of the documents they sent, but it's often buried in legal language that's hard to understand. Don't be afraid to ask them to explain it in plain English - you have every right to understand exactly what they're claiming before you decide whether to appeal or accept the determination.
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Ellie Perry
I'm going through this exact situation right now and it's absolutely terrifying. Got a letter last week saying I owe back $3,400 from unemployment I received 7 months ago. Like you, I thought I did everything correctly - reported all my job searches, didn't work while claiming, answered all their questions honestly. The worst part is the letter doesn't even explain what I supposedly did wrong, just lists dates and dollar amounts. I've been calling Washington ESD every day trying to get answers but can never get through to a human being. The automated system just keeps telling me to call back later or visit their website, which doesn't have any useful information about my specific case. I'm a single mom working part-time and there's no way I can come up with almost $3,500. This whole thing is making me sick to my stomach.
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Olivia Evans
•I completely understand that sick feeling - I was in the same place when I got my overpayment notice. The uncertainty and financial stress is overwhelming, especially as a single parent. From reading through this thread, it sounds like many people have been able to get answers and resolve these situations, even when the initial letters are confusing. Since you can't get through by phone, you might want to consider that Claimyr service that several people mentioned - it seems to help bypass the phone system issues. Also, don't assume you actually owe the full amount until you can get someone to explain exactly what happened. Many overpayments get reduced or overturned entirely once people can actually talk to someone who understands their case. The 30-day appeal deadline is important to keep in mind too.
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Jacob Lee
•I'm so sorry you're dealing with this stress as a single mom - that financial pressure must be incredibly overwhelming. One thing that might help while you're trying to get through to someone is to start gathering all your documentation from when you were claiming benefits. Even if the letter doesn't explain what went wrong, having your records organized will help when you do finally talk to someone. Look for your weekly claim confirmations, any correspondence from Washington ESD, job search logs, and documentation of your work separation. Sometimes what looks like a legitimate overpayment is actually an error or miscommunication that can be cleared up once the right person reviews your file. The fact that you were honest and followed the rules works in your favor. Try not to panic about the dollar amount until you understand what they think happened - many people in this thread have gotten their situations resolved or significantly reduced.
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