ESD collections notice for sister's overpayment - POA struggling to get waiver

You need to focus on two separate issues here: 1) Getting the overpayment waiver application processed, and 2) Handling the collections process. For the waiver, you'll need to submit Form ESD 640-050 (Overpayment Waiver Application) along with documentation proving financial hardship and your POA documents. You should also request a "stay" on collections while the waiver is being processed. Send these via certified mail to the Office of Administrative Hearings (OAH) with your sister's claim ID number clearly marked. Also include a cover letter explaining the situation with her inability to respond to the original 2022 appeal notice due to her condition.

I went through something similar with my dad's overpayment when he had a stroke. The collections department is separate from the benefits people, so they don't talk to each other well. What worked for me was using Claimyr (claimyr.com) to actually get through to a real ESD agent instead of the endless hold/disconnect cycle. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I got through to a real person, I explained I had POA and they transferred me to their special circumstances team. They put a 30-day hold on collections while I submitted the waiver application. Definitely mention your sister's medical condition and inability to respond to the original notices - that's a valid reason for them to consider.

Why is everyone so nice about this??? The ESD system is BROKEN! They hand out money then decide months or YEARS later they want it back! My cousin got hit with a $8700 bill 18 months after her claim and when she tried to appeal they said "too late" even though they sent the notice to her old address! Now they're garnishing her wages! OP you better fight this with everything you've got because once it hits collections they DO NOT CARE about medical issues or POA or anything else. The whole system is designed to wear people down until they give up.

have you tried calling the Office of Special Investigations? thats who handles the overpayments and waiver requests. i think the number is 866-697-4831 or something close to that. thats who i had to talk to about my overpayment last year

As someone who deals with ESD cases professionally, here's what you need to know about overpayment waivers when you're acting as POA: 1. The collections department (Office of Financial Recovery) is separate from the benefits department. You need to contact OFR directly at 360-486-5817 to request a temporary hold. 2. For the waiver, complete Form 640-050 which you can find here: https://esd.wa.gov/unemployment/overpayments 3. Include with your application: copy of your POA documentation, medical documentation of your sister's inability to respond to the original appeal, financial statements showing hardship, and a detailed letter explaining the timeline. 4. Submit everything via certified mail AND upload to her online account if possible. 5. Follow up with a phone call 7-10 business days after submission to confirm receipt. The fact that she has medical issues that prevented her from responding to the original appeal is actually grounds for reopening the appeal period, so mention that specifically.

u might want 2 contact ur state representative too!! my mom had a similr problem with L&I (not ESD but similar) and was getting nowhere for MONTHS!!! then she emailed our state rep and suddenly got a call back from a supervisor within 2 days. worth a try since its not costing u anything.

I'm confused about one thing - how much is the overpayment? If it's less than $1,000, sometimes it's not worth all this hassle and might be easier to just set up a small monthly payment plan. But if it's several thousand, definitely pursue the waiver aggressively. Also, check if they added penalties or interest to the original amount, as those can sometimes be waived separately from the principal amount.