ESD demanding $21k repayment after identity verification issue - Commissioner upheld my disqualification

This is actually more common than you'd think. The issue is that ESD's system flags any unresolved identity verification as potential fraud, even if you weren't claiming benefits during that period. What likely happened is that they sent verification requests to an old email/address while you were employed, and when you reopened your claim in November, their system treated the unresolved verification as active fraud. You have a few options: 1. Submit a formal appeal to Superior Court (must be done within 30 days of Commissioner's decision) 2. Contact your state representative/senator's office - they have constituent services that can sometimes intervene with ESD 3. Request a formal conference with ESD's Benefit Accuracy team to explain the timeline 4. Continue with the pandemic overpayment waiver process Did you receive any identity verification requests back when you were initially on UI? Even if you were working, technically you're supposed to respond to ESD notices.

omg this happened to my cousin!! esd is the WORST. they demanded like $15k back from him for something from 2 years ago! he had to set up a payment plan for like $50/month which will take him forever to pay off. the whole system is designed to screw people over i swear

You need to request your entire ESD file through a public records request immediately. This will show exactly when they sent notices and to what addresses/emails. The 876 days timeline is critical because if they can prove they sent you multiple notices that you ignored, the Commissioner will almost always side with ESD. BUT - if they sent notices to outdated contact info or can't prove they properly notified you, you have a much stronger case for judicial review. I'd also recommend checking if you qualify for the Northwest Justice Project's help with unemployment cases - they sometimes take cases like this pro bono if you meet income requirements. Regarding the pandemic waiver - those are taking 4-6 months to process currently. They're still working through a massive backlog.

I went through something similar last year. After weeks of trying to reach ESD through their regular phone lines with no luck, I found Claimyr.com which got me connected to an ESD agent within about 15 minutes. Their video explains how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I actually talked to someone, they were able to see that the ID verification notices had been sent to an old email address I no longer used. The agent helped me update all my contact info and flagged my case for review. It took another few weeks, but they eventually reversed most of the overpayment. Definitely worth trying since you need to talk to someone who can actually look at your specific case history.

ESD IS CRIMINAL!! they did the SAME EXACT THING to me except it was only $9000 they wanted back. pure THEFT by the government. i wrote to my state senator AND governor inslee and nobody cares. the system is designed to punish honest people while actual fraudsters get away with millions. honestly at this point im thinking about just moving to oregon and telling esd to pound sand.

To request your ESD records, you need to submit a public disclosure request through their website: https://esd.wa.gov/publicrecords Specifically request: 1. All notices sent regarding identity verification 2. Dates, methods, and addresses/emails used for all communications 3. Your complete claim file including internal notes 4. Documentation showing when the identity issue was first flagged For the pandemic waiver, call and ask to speak with the overpayment waiver unit specifically. Be persistent - sometimes the front-line agents don't transfer you correctly. You might also want to submit another waiver request through your eServices account as a backup. One more thing to check - did you verify your identity through ID.me when you reopened your claim in November? If not, that could be part of the issue.

I'm dealing with this exact situation right now! Here's what I'm doing: 1) Got a free 30-minute consultation with an employment attorney who specializes in UI cases 2) Filed a complaint with the state ombudsman office 3) Called my state representative's office (they assigned me a caseworker) 4) Sent a written statement to ESD explaining the timeline with proof of my employment during those 876 days So far the most helpful has been my state rep's office. Their caseworker has direct contacts at ESD management level and can sometimes get things fixed that normal channels can't. Honestly, I think ESD's systems are just broken. They're treating administrative issues like fraud cases because their ancient computer system can't tell the difference.

One more critical thing - if you decide to go the judicial review route, you must file within 30 days of receiving the Commissioner's decision! That deadline is absolute. The court filing requires: 1. A petition for review that names "Commissioner of the Employment Security Department" as respondent 2. Filing fees (around $240 but you can request a fee waiver if low income) 3. Serving a copy to both the Commissioner's office and Attorney General If you miss the 30-day window, you lose your right to judicial review forever. The court can reverse ESD's decision if they find it was legally incorrect or not supported by substantial evidence. Personally, I'd pursue both the pandemic waiver AND prep for judicial review as a backup plan.