ESD disqualifying me for small retirement pension - appealing decision

ya i had this EXACT problem last year! they need to see if ur pension is from the same employer youre claiming unemployment from. if its from a different employer they shouldnt be disqualifying u completely, just reducing ur weekly amount. did u explain this was from a completely different job than the one u got laid off from?

Yes! I explained multiple times that the pension is from a job I had over a decade ago, not my most recent employer. I mentioned this in my initial application and again when I called (after waiting 3 hours to speak to someone). The ESD agent just said it would be \

This is a very common issue. ESD has specific rules about how retirement income affects unemployment benefits. Since your pension is from a previous employer (not the one you're claiming benefits based on), they should only be reducing your weekly benefit amount, not completely disqualifying you.\n\nUnder Washington state law, if your pension is from an employer who is NOT part of your base year for UI benefits, they should only reduce your weekly benefit by the prorated weekly amount of your pension. So if your pension is $460/month, that's about $106/week they should reduce your benefits by.\n\nFor your appeal, make sure you bring documentation showing:\n1. Which employer your pension comes from\n2. When you worked for that employer\n3. Your base year employers for your current UI claim\n4. Documentation showing the pension amount\n\nThe law they're applying is RCW 50.04.323, which you might want to reference in your appeal.

Thank you so much for this detailed explanation! I didn't know about the specific law (RCW 50.04.323) but I'll definitely mention it in my appeal. So they should just be reducing my weekly benefit, not denying me completely. This makes me feel better about my chances with the appeal. I'll gather all the documentation you suggested. My hearing is scheduled in 3 weeks - do you think I should try calling ESD again before that to see if someone can fix this without waiting for the appeal?

I had something similar but with Social Security disability payments. They ended up reducing my payments but not eliminating them entirely. The whole thing is confusing because they don't explain anything clearly! Good luck with your appeal!

Definitely call ESD before your appeal hearing to see if they can resolve this. The problem is getting through to them - it's nearly impossible these days. I had luck using Claimyr (claimyr.com) to connect with an ESD agent quickly instead of spending hours on hold. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. \n\nWhen you do speak with an agent, specifically ask them to review your case in light of RCW 50.04.323 regarding pension deductions. Request that they provide the specific reason for full disqualification rather than just a reduction. Get the agent's name and ID number, and ask them to document your call in your file. That documentation can be useful during your appeal if needed.

does that claimyr thing really work? ive been trying to reach esd for 2 weeks!

It worked for me back in January when I had an identity verification issue. Got through to ESD in about 20 minutes instead of spending all day calling and getting disconnected. Not free but worth it when you're desperate to talk to someone.

I'm currently going through this EXACT SAME THING. My pension is $725/month from a job I had 8 years ago. I've been disqualified for 4 weeks now and my appeal hearing is next Monday. ESD is completely incompetent! I even brought this up with the claims specialist who still disqualified me. The system is broken and they don't care about people who are struggling. I've called 27 TIMES in the last two weeks and either get disconnected or told to call back later. This is why people hate dealing with government agencies!!!!

I'm sorry you're dealing with this too. It's so frustrating! Please let me know how your appeal goes on Monday. I'm curious if they'll acknowledge the mistake and fix it for you. My hearing isn't for another 3 weeks so you'll get answers before me. Good luck!

wait is this for all retirement income? i get a small 401k distribution every month from my old job. do i need to report that too?? i didnt think that counted as income

Yes, you do need to report 401k distributions if they're regular monthly payments. ESD considers pension, retirement, annuity, or disability payments as potential deductible income. However, if you took a one-time lump sum distribution from your 401k, that's different than ongoing monthly payments.\n\nIf you haven't been reporting this income, you should contact ESD to update your claim. It might result in a reduction of benefits, but it's better than potentially facing an overpayment notice later. The penalty for unreported income can include having to pay back benefits with interest and possible disqualification from future benefits.

oh crap. ive been getting $350 a month from my old 401k and didnt report it. am i going to be in trouble now??

my cousin had dis happen to him also!!! they totally messed up his claim bc of his pension. he had to go through appeal but they fixed it and even gave him backpay for all the weeks they wrongly denied him. so dont worry too much u will probably get ur money evenchually

UPDATE: I finally got through to ESD today after trying all morning! The agent I spoke with (Marissa) was actually helpful and explained they made an error in how they processed my pension income. She said they should have only REDUCED my benefit amount, not disqualified me entirely. She's escalating it to a claims specialist for review and said I might not even need the appeal hearing if they fix it before then. Fingers crossed! I'll update again once I know more. Thanks everyone for your input and advice!

That's great news! Which number did you call to actually get through to someone? I've been trying the main ESD number with no luck.

I called the main number (800-318-6022) but I started calling right when they opened at 8am. I had to try about 7 times before I got in the queue instead of the