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ESD hit me with overpayment for 'two weeks' when I was only gone ONE week - calendar week confusion

So frustrated right now! Just got off the phone with an ESD adjudicator about an overpayment notice I received. They're claiming I was out of town for TWO weeks when I was literally only gone for ONE week (Monday Jan 16 to Sunday Jan 22, 2025). The adjudicator explained that because Jan 22nd fell into a separate 'calendar week' according to their system, they're counting it as two full weeks I was unavailable! Even worse, they said I had marked Jan 23rd as unavailable (which I swear I didn't - I'm pretty sure I marked it as the first day I was AVAILABLE again). Because of this calendar week technicality, they want me to repay benefits for one full week PLUS one extra day from the second week. The adjudicator mentioned I'm still eligible for the other 4 days in that second week since I reported job search activities. I'm going to have to file a formal review/appeal on this because it seems ridiculous to pay back almost 2 weeks of benefits when I was only gone for 7 days. Has anyone else dealt with this calendar week confusion? Any tips for the appeal process? The whole system seems designed to trip people up on technicalities!

This is actually a common issue with ESD. Their system operates on calendar weeks (Sunday-Saturday), not by counting consecutive days. So if your trip crossed from one calendar week into another, even by just one day, they count it as affecting two separate weeks. For your appeal, you'll need to be very specific about the dates. If you have any evidence that shows you only intended to mark the one week (like screenshots of your weekly claim submissions), include those. Also, check your past weekly certifications to see exactly what dates you marked as 'unavailable' - you can see this in your eServices account under 'weekly claim history.'

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Thanks for explaining that! The whole calendar week thing wasn't clear to me at all when I was filling out my weekly claims. I'll definitely go back and check my claim history. Do you know if there's any leeway on this rule or is it pretty much set in stone with ESD?

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Going through something similar right now. The key thing to remember is that ESD weeks run Sunday-Saturday. So even though you were gone Monday-Sunday (7 days), that spans TWO calendar weeks in ESD's system. For your appeal, focus on whether you actually marked the 23rd as unavailable. If you can prove you didn't mark that date (or that you marked it as available), you might get that second week portion removed from the overpayment. The system is really unforgiving with these technicalities. I recommend printing out all your weekly claim certifications for those periods before you submit your appeal. You'll need concrete evidence.

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This calendar week stuff is so confusing!! i always thought a week was just 7 days no matter when it started 🤦‍♀️

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After weeks of trying to reach ESD about my overpayment issue (similar to yours - date confusion), I FINALLY got through using Claimyr. Seriously saved me hours of frustration. You just go to claimyr.com, they connect you with an ESD agent usually within an hour. There's a demo video at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. I was skeptical but it actually got me through to a real person who helped sort out my overpayment issue. Might be worth trying before going through the whole formal appeal process, which can take forever.

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does this claimyr thing actually work? ive been trying to get someone on the phone for like 2 weeks and keep getting disconnected

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Yes, it actually does work. I was connected to an agent in about 40 minutes. Much better than the dozens of failed calls I made on my own. The agent I spoke with was able to review my claim notes and explain exactly why I received the overpayment notice. Didn't completely resolve my issue, but at least I understood what was happening and what my options were.

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THE SAME EXACT THING HAPPENED TO ME!!! I was out of town for a work training from Thursday-Monday and they said I was unavailable for TWO WEEKS! Had to pay back $1,240 because of their stupid calendar week system. I tried to appeal and they denied it saying "claimant admits to being unavailable across two calendar weeks" - like YES but it was 5 DAYS TOTAL! The system is RIGGED to create overpayments. They don't explain the calendar week thing clearly AT ALL when you're filing. I swear they do this on purpose to claw back money.

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That's horrible! Did you try escalating above the regular appeal? I think there's something called a Commissioner's Review after the regular appeal process. Might be worth looking into if the amount is that high.

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No I just paid it because I was afraid they'd add penalties if I kept fighting. But now I'm mad all over again seeing someone else deal with the same garbage! The whole system is designed to trap people on technicalities!!

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wait im confused. if ur gone for a week how is it 2 weeks? is it because the week starts on sunday in their system?? i thought a week was just any 7 days

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For unemployment purposes, ESD defines a week as Sunday through Saturday. So if you're unavailable from Wednesday of one week through Tuesday of the next week (7 days total), that actually affects two "calendar weeks" in their system. It's a technicality that catches many people by surprise.

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When you file your appeal, make sure to specifically request a waiver of the overpayment. If the administrative error was on ESD's side (unclear questions, system confusion), you can sometimes get the overpayment waived entirely if you can demonstrate you answered the questions honestly based on your understanding at the time. Also, did the adjudicator give you the specific regulation they're using to determine you were unavailable? Ask for that citation in writing - it'll be something like WAC 192-XXX-XXX. Having the exact rule they're using helps you counter their argument in the appeal.

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This is great advice - thank you! They didn't give me a specific regulation number, just kept referring to their "calendar week policy." I'll definitely ask for the exact WAC citation when I call back. And I hadn't even thought about requesting a waiver... that would be amazing if I could get it waived completely.

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i had this problem too!!! they said i was "out of state" for 2 weeks when i just went to oregon for a long weekend (fri-mon). i think its because the esd week is sun-sat so even tho i was only gone 4 days it hit two of their "weeks" on their calendar. super unfair!!!! 😡

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Did you appeal it? If you were only gone Friday-Monday, you should still be eligible for benefits Tuesday-Saturday of that second week as long as you were available for work and completed your job search activities for those days.

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i didnt know i could appeal! they just sent me a bill and i paid it because i was scared theyd add penalties or something

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One important thing to know for your appeal: When you're filing for a specific week, the questions about availability relate ONLY to that calendar week (Sunday-Saturday). So when they asked if you were available for work, it was specifically asking about the dates within that single calendar week. For successful appeals on these types of issues, you need to demonstrate that you misunderstood the question rather than intentionally misreported. The official term is "without fault or misrepresentation" - use that phrase in your appeal. Also, request a copy of all your weekly certification submissions before your hearing so you can see exactly what answers were recorded in their system.

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This is super helpful! I'll definitely use that "without fault or misrepresentation" phrase in my appeal. I honestly did misunderstand how they were counting weeks. Is there a specific form I need to request to get copies of my weekly certifications?

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You can submit a records request through your eServices account under "Send a message" - select "Request for records" as the subject. Specifically ask for "copies of all weekly certification submissions for [specific dates]." They should provide them within 2-3 weeks, so request them ASAP before your appeal deadline.

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Has anyone noticed how these "calendar week" rules are NEVER clearly explained when you're filing?! The questions just ask if you were "available for work" without explaining what they mean by that! And then they hit you with these technical overpayments months later! It's like they WANT people to make mistakes so they can collect overpayments!

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You make a good point. The UI handbook does explain the calendar week definition, but it's buried among hundreds of other rules and most people don't read the entire thing. This is definitely something that could be made clearer in the weekly claim questions themselves.

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My cousin had this exact problem last year. He was on a hunting trip that went from Thursday-Monday (only 5 days) but got hit with a two-week overpayment. What worked for him was bringing printed calendar evidence to his appeal hearing showing the actual days he was gone. The judge ended up reducing it to just the actual days he was unavailable instead of full weeks. Bring as much documentation as you can to your hearing!

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That's encouraging to hear! I have my travel itinerary that clearly shows the dates, so I'll definitely bring that to the hearing. Did your cousin represent himself or get a lawyer?

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He represented himself. He said the judge was pretty understanding once he showed the actual timeline. Just be super organized with your paperwork and dates when you go in!

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