ESD claiming I owe $55,000 from old claims after my message inbox was wiped clean
I'm seriously panicking right now. ESD just hit me with a notice saying I owe them $55,000 from supposedly fraudulent claims spanning the last 3 years. Here's what happened: I had a UI claim from early 2022 that I never received any payments for (was denied). That claim got closed. I later filed a legitimate claim in July 2022 that was approved, and I received benefits until November 2023. In February 2024, ESD randomly sent an ID verification request for that old denied claim from 2022. Since I never check my ESD portal for a closed claim that paid me nothing, I missed the verification request completely. Now they're saying ALL my claims (including the legitimate ones where I DID verify my ID and submitted tax documents) were fraudulent and I owe $55,000! The worst part? When I logged in to find my old verification proof, ALL my sent messages and inbox are completely empty - like they've been wiped clean. I swear I sent them my documents for every claim I actually received benefits for. Has anyone else had their ESD message history mysteriously deleted? I feel like I'm being set up here. What should I do?
23 comments
Chris King
You need to file an appeal IMMEDIATELY. You only have 30 days from the date on the overpayment notice. This happened to a friend of mine last year. If they're claiming fraud, they can go back 3+ years on all your claims. The deleted messages issue is concerning - I've seen a few people mention that happening after system updates. Do you have any other proof you submitted your ID? Check your email for confirmations, or even screenshots you might have taken.
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Amelia Cartwright
•Thanks for the response. I just checked and the notice is dated 3 weeks ago!! So I only have about a week left to appeal. I'm freaking out. I don't have email confirmations because I did everything through their portal. I might have some old screenshots on my old phone. Do you know what happens if I can't prove I sent the documents before?
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Rachel Clark
omg this is terrifying!! the same thing almost happened to me but i caught the verification email by chance. their system is so glitchy, its like they WANT us to miss deadlines so they can claim fraud. did u try calling the main number?? sometimes if u call right when they open you can get thru
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Amelia Cartwright
•I tried calling yesterday and spent 3 hours on hold before getting disconnected. I'll try the opening time trick tomorrow. Did you have the same issue with your message inbox being wiped clean?
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Zachary Hughes
This is unfortunately becoming a common issue. ESD's system purges messages after a certain time period (usually 12-18 months), but they don't clearly inform claimants about this. For future reference, always download or screenshot EVERYTHING. When you appeal, include the following: 1. Explain that you did submit verification for all claims you received benefits for 2. Note that their system deleted your message history, preventing you from proving submission 3. Provide any tax records showing the benefits you received were reported properly 4. Request a hearing with an Administrative Law Judge You should also reach out to your state representative's office. They often have ESD liaisons who can help navigate these situations. Don't panic - fraudulent overpayment accusations require ESD to prove intent, which is difficult if you can show you were responsive to their requests for the claims you received benefits on.
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Amelia Cartwright
•Thank you for this detailed response! I wasn't aware that their system automatically purges messages - that seems like a major flaw when they can go back years for overpayments. I'll definitely follow your appeal advice and reach out to my representative. Would bank statements showing the deposits help my case too?
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Mia Alvarez
I had EXACT same thing happen!!!! They deleted all my messages too and then claimed I never sent my docs!!!! Its like they're trying to scam us!! I got a notice for $36,000 and almost had a heart attack. The whole system is corrupt!!!
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Zachary Hughes
•This is concerning to hear it's happening to multiple people. Did you appeal your overpayment notice? What was the outcome if you don't mind sharing?
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Mia Alvarez
•YES I appealed and im still waiting for a hearing date. its been 2 months already!!! they said it could take 4-6 months total!!! meanwhile im stressing every day about this!!!
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Carter Holmes
If you're struggling to get through to ESD (which is likely with these complex issues), I found a service called Claimyr that helped me reach an actual ESD agent when I was dealing with a similar situation. It helped me skip the hold queue and actually talk to someone who could help. You can check them out at claimyr.com - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 In my case, it was worth it because I was able to get my issue escalated to a claims specialist who found notes in their system even though my messages were gone. Definitely file that appeal first though!
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Rachel Clark
•does that actually work??? i thought those services were scams but if it helped u maybe i should try it. ive been calling for WEEKS with no luck!!
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Carter Holmes
•It worked for me! I was skeptical too, but I was desperate after trying for days to get through. The agent I spoke with was able to see notes on my account that I couldn't access myself.
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Sophia Long
I work as an employment attorney, and I've seen several similar cases recently. Here's what you need to know: 1. ESD's verification process has been problematic since they updated their system in late 2023. Many claimants have reported missing notifications or deleted message histories. 2. The burden of proof for FRAUD (vs. simple overpayment) is on ESD - they must prove you intentionally misrepresented information. Missing a notification on a denied claim doesn't constitute fraud. 3. When you appeal, request all records ESD has regarding your communication history. Under Washington public records laws, they should have server logs of document uploads even if the actual messages are gone. 4. There's a significant difference between a standard overpayment and a fraud determination. If they're claiming fraud, your appeal needs to specifically address this distinction. 5. If you received benefits and reported them on your taxes, include those tax documents in your appeal as evidence you weren't hiding anything. Don't wait - file that appeal immediately and request a hearing with an Administrative Law Judge (ALJ). The Office of Administrative Hearings (OAH) tends to be more fair-minded than ESD's internal review process.
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Amelia Cartwright
•Thank you so much for this expert advice. I'll definitely request all their records and emphasize the distinction between overpayment and fraud. Should I get a lawyer for the hearing or can I represent myself? These amounts are life-ruining for me.
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Sophia Long
•You can represent yourself at an OAH hearing - many claimants do successfully. However, given the substantial amount at stake ($55,000) and the fraud allegation, consulting with an attorney who specializes in unemployment issues would be wise. Many offer free initial consultations. The Unemployment Law Project in Washington also provides low-cost legal assistance for unemployment cases: https://unemploymentlawproject.org/
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Angelica Smith
I experienced something similar last year, though my alleged overpayment was much smaller (about $12,000). Here's what worked for me: 1. I filed the appeal immediately using the online appeal form, explaining exactly what happened. 2. I contacted my state representative's office, who assigned a caseworker to help me navigate the process. This was INCREDIBLY helpful. 3. I gathered every piece of evidence I could find - bank statements showing deposits, tax returns showing I reported the income, screenshots of any ESD correspondence I had saved, etc. 4. When I got to my OAH hearing, I discovered the ESD representative didn't have solid evidence of fraud - just that I had missed responding to one verification request. 5. The judge ruled in my favor and reduced it from a fraud overpayment to a regular overpayment, which cut the amount significantly and removed penalties. The system isn't perfect, but there are protections in place. Don't give up! The fact that you responded to verification requests for claims you received benefits for works in your favor. The deleted messages issue is frustrating but not uncommon - their system purges older messages, which creates exactly these types of problems.
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Amelia Cartwright
•This gives me hope! I'll contact my state rep tomorrow. I'm glad to hear the judge was reasonable in your case. How long did the whole process take from when you filed the appeal until your hearing?
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Angelica Smith
•It took about 5 months total from filing my appeal to having my hearing, and then another 3 weeks to get the written decision. It wasn't quick, but the relief when it was over was worth the wait. Just make sure you respond to EVERYTHING they send you during the waiting period - they might request additional information before the hearing.
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Logan Greenburg
the esd system is DESIGNED to screw us over!!!! they DELIBERATELY delete evidence and then claim we committed fraud. its a SCAM to get more money back from people who are already struggling. the whole system needs to be investigated!!!
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Zachary Hughes
•While I understand your frustration, I don't think it's a deliberate scam. The system is poorly designed and understaffed, leading to these issues. It's more likely administrative incompetence than malice. The message purging is actually a standard data retention policy, but they do a terrible job informing claimants about it.
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Logan Greenburg
•call it what you want but when MULTIPLE people have the EXACT same experience its not a coincidence!! they know exactly what theyre doing!!!!
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Chris King
One more piece of advice - keep detailed notes of EVERY interaction you have with ESD from now on. Date, time, name of representative, what was discussed, confirmation numbers, everything. These notes can be admitted as evidence in your hearing. Also, be aware that there are two levels of appeal - if you lose at the OAH level, you can appeal to the Commissioner's Review Office, and then to Superior Court if necessary (though that's rare). The most important thing right now is getting that appeal filed within your deadline. You can always supplement with additional evidence later.
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Amelia Cartwright
•That's great advice. I started a document today to track everything. I'm filing my appeal online tonight to make sure I don't miss the deadline. I'll add whatever evidence I can gather afterwards. Thank you for all your help!
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