< Back to Washington Unemployment

ESD disqualified me for taking GED classes - hit with overpayment despite classes being only 8hrs/week

Feeling totally blindsided today. Just got this disqualification letter from ESD saying I'm not eligible for benefits because I'm 'in school' and therefore not available for work. They're demanding I repay ALL my benefits as an overpayment! Here's the thing - I'm just taking online GED classes that are literally 8 HOURS A WEEK, and I can do them whenever I want! I immediately faxed them proof showing the flexible schedule and minimal time commitment. The letter says I'm disqualified because being in school means I can't work - which is ridiculous for a part-time, self-paced GED program. I've filed an appeal but I'm freaking out. The overpayment is $4,200 which I absolutely cannot afford right now. Has anyone fought an appeal for something similar with ESD? Do I have any shot at winning this? I was completely honest on all my weekly claims and never thought getting my GED would jeopardize my benefits.

Bruno Simmons

•

OMG the exact same thing happened to me last year!!! I was taking 2 classes at the community college (like 6 hours total) and ESD hit me with a disqualification and $2,800 overpayment. It's SO UNFAIR because the law actually says you CAN get unemployment while in school if the classes don't interfere with your ability to look for or accept work!!!

0 coins

Lourdes Fox

•

Did you win your appeal? I'm literally losing sleep over this!

0 coins

You absolutely have a good chance at winning this appeal. ESD often automatically disqualifies students without properly reviewing if the schooling actually interferes with availability for work. Here's what you need to do for your appeal: 1. Document EXACTLY how many hours per week the GED classes take 2. Get a statement from the program confirming the flexible nature of the online courses 3. Show your job search log proving you've been actively looking for work while taking classes 4. Cite RCW 50.20.118 which specifically allows unemployment benefits for training in some circumstances 5. Emphasize that you remained able and available for work during all claimed weeks The appeal hearing will likely be by phone with an Administrative Law Judge. Be prepared to explain how your GED program would not have prevented you from accepting any suitable work.

0 coins

Lourdes Fox

•

Thank you so much for this detailed advice! I hadn't heard of RCW 50.20.118 before - I'll definitely look it up. Would it help if I also got statements from places I've applied to showing I was willing to work any hours they offered?

0 coins

Zane Gray

•

u should just call and explian it to them. they proballby didnt look at ur fax. ESD always does this kind of thing. keep calling till u get someone on the phone

0 coins

Maggie Martinez

•

Good luck with that! Been trying to call ESD for 3 weeks about my issue. Always disconnects after the automated message says "high call volume" 🙄

0 coins

Bruno Simmons

•

To answer ur question - YES I won my appeal! But it took almost 2 months to get the hearing. The judge was actually really fair and basically said ESD was wrong. My classes didnt prevent me from working and I had documentation showing I was applying for jobs during all hours/days. Make sure you gather EVERYTHING for your hearing - I almost lost because I didnt have my job search logs organized enough.

0 coins

Lourdes Fox

•

That's so good to hear! 2 months is a long time to wait though... I'm scared they'll try to collect the overpayment before my hearing happens.

0 coins

The ESD system is completely BROKEN. I got the same thing for taking ONE online class while unemployed. They don't even read the details of your situation. It's all automated rejections and then they hope you don't appeal because most people get intimidated by the process. FIGHT IT. Don't let them bully you.

0 coins

Monique Byrd

•

This is why I always tell people to avoid mentioning any kind of school or training on their weekly claims unless they're in an approved training program. The system automatically flags it and then it's a nightmare to fix.

0 coins

Jackie Martinez

•

I know everyone's telling you to call ESD, but that's nearly impossible these days. I was in a similar situation (different issue but needed to talk to someone ASAP) and spent weeks trying to get through. Finally used a service called Claimyr (claimyr.com) that got me connected to an ESD agent in about 30 minutes instead of fighting the busy signals all day. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 In your specific case though, I'd still file the formal appeal paperwork even if you do reach someone by phone, because phone agents can't overturn formal determinations like disqualifications.

0 coins

Lourdes Fox

•

Thank you! I'll check out that service. I've been calling for days with no luck. And yeah, I already submitted the appeal form but still want to talk to someone to make sure I understand what's happening.

0 coins

Maggie Martinez

•

Wait I'm confused - are you saying you can't get unemployment if you're taking ANY classes? I was thinking about starting some coding classes online... should I not do that??

0 coins

No, that's not correct. You CAN receive unemployment while taking classes if you can prove the classes don't interfere with your ability to look for and accept suitable work. The key is whether you remain "able and available" for work while taking the classes. Part-time, flexible, or self-paced programs often qualify. But ESD sometimes automatically disqualifies first and asks questions later, which is what happened to OP.

0 coins

Monique Byrd

•

I worked as a claims specialist for years. Here's what's happening: ESD has an automated system that flags ANY mention of school or training. The adjudicator who reviewed your case likely applied the general rule without considering the exceptions that clearly apply to your situation. At your appeal hearing, focus on these key points: 1. The FLEXIBLE nature of your studies (any day/time) 2. The LIMITED hours (only 8 per week) 3. Your continued job search activities 4. Your willingness to QUIT or MODIFY the GED program if it interfered with a job Bring your work search records and any job applications showing you were applying for jobs with varying schedules. You have a strong case based on what you've described.

0 coins

Lourdes Fox

•

This is incredibly helpful - thank you! If I had known mentioning my GED classes would trigger this nightmare, I would have phrased things differently. I'll definitely focus on all these points at the hearing.

0 coins

Bruno Simmons

•

One more tip that helped me win my appeal - if you had ANY job interviews during the time you were taking classes, bring documentation of those! The judge in my case specifically noted that since I had interviews scheduled during different times/days, it proved I was truly available for work despite taking classes.

0 coins

Lourdes Fox

•

That's smart! I did have two interviews last month that I can document. Thank you!

0 coins

Zane Gray

•

my cousin went thru something like this and just ignored the overpayment letters for like a year and eventually they just went away lol not saying thats what u should do but just saying...

0 coins

Monique Byrd

•

This is absolutely terrible advice. ESD overpayment debts NEVER just "go away" - they can garnish wages, take tax refunds, and even add interest to the debt. The statute of limitations on these debts is extremely long, and ignorning the letters only makes things worse.

0 coins

Hey I just remembered something important - make sure you submit a request to WAIVE the overpayment at the same time you appeal the disqualification! Even if you lose the appeal about being disqualified, you might be able to get the overpayment waived if you can show it wasn't your fault and you can't afford to repay it. It's a separate process but you can do both.

0 coins

Lourdes Fox

•

Thank you! I didn't know I could request a waiver. I'll look into that right away.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,908 users helped today