ESD overpayment appealed to Supreme Court - will they refund if I pay now?

I went through something similar last year, though my appeal only went to OAH level. Yes, they do actually refund the money if you win on appeal after paying. I paid my $4,300 overpayment while appealing because I needed to refinance my house. When I won 3 months later, they issued a full refund plus interest (it wasn't much interest though, like 1%). \n\nThe important thing is to keep ALL documentation showing you paid under protest while appealing. Include a letter with your payment stating you're paying under protest while appealing the determination. Take screenshots of your payment and get confirmation numbers. This will make your refund process much smoother if/when you win your appeal.

Thank you so much for sharing your experience! That's really reassuring. Did they automatically process your refund or did you have to request it after winning your appeal? And approximately how long did it take to get your money back after the decision?

dont trust ESD!!! they told me same thing but when i won my appeal they made me fill out 5 different forms and took 6 MONTHS to give me my money back. and they didnt even add the intrest like they promissed. the whole system is rigged against us regular people.

Ugh, that's exactly what I'm worried about. 6 months is a long time to be out $8K. Do you remember what forms they made you complete?

To answer your follow-up question - it wasn't automatic. After I received the favorable decision, I had to call the ESD collections department and request the refund process. They emailed me a form to complete (it was a one-page refund request form), and I had to include a copy of my decision letter. The money was deposited about 3 weeks later into the same account I used to pay them.\n\nThe process was actually more straightforward than I expected, but I did have to initiate it myself. They don't automatically process refunds even with a favorable decision.

That's really helpful information. At least there's a clear process, even if it takes some follow-up. Three weeks isn't too bad, certainly better than 6 months! I'll probably go ahead and pay, but I'll definitely include a letter stating I'm paying under protest while appealing.

I've been having so much trouble getting through to anyone at ESD about my overpayment situation. Been calling for weeks with no luck. The phone system is awful!

If you're having trouble getting through to ESD on the phone, you might want to try using Claimyr. I was in the same boat - calling for days with no success. I used their service at claimyr.com and they got me connected to an actual ESD agent within 30 minutes. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was so much better than constantly hitting redial and getting nowhere. I was able to explain my overpayment situation and actually get answers.

Addressing your original question directly: Yes, ESD is required by law to refund overpayments if you win on appeal, even if you've already paid them. The legal basis for this is RCW 50.32.190.\n\nHowever, there are some important nuances to understand:\n\n1. The refund is not automatic. You must submit a written request after receiving your favorable decision.\n\n2. There is a specific refund request form (ESD form #800-028) that must be submitted along with proof of your successful appeal.\n\n3. ESD has 30 days from receipt of a properly completed refund request to process payment.\n\n4. Interest is calculated at the rate specified in RCW 50.24.040, which is currently only about 1-2% annually.\n\n5. If your case is at the Supreme Court level, be aware that even with a favorable ruling, the case might be remanded back to ESD for proper implementation, which can add time.\n\nFor your security clearance concerns, having documentation that you've paid the debt and are pursuing legal remedies should satisfy most clearance reviewers, even if you disagree with the debt's validity. Be sure to disclose the situation proactively to your security officer.

This is extremely helpful - thank you for the specific legal information and form numbers! I'll make copies of all my appeal documentation and payment records for my security officer as well. Really appreciate the detailed response.

My cousin worked for ESD for 6 years and said they do refund but their system is super slow and sometimes they \

I think you're making the right call to pay it for now to protect your clearance. Security clearance issues can be a nightmare to fix after the fact, way worse than fighting with ESD for a refund. One thing I didn't see mentioned yet - make sure you get some kind of receipt or official confirmation when you make the payment. Their systems don't always talk to each other properly, and I've heard horror stories about collections continuing even after people paid. Good luck with your Supreme Court case! That's impressive you took it that far.

Thank you! Yes, I'm going to request an official paid-in-full statement when I make the payment. And I'll pay by certified check so I have proof from my bank as well. The Supreme Court route wasn't my first choice, but the evidence is so clear that I couldn't just give up.

wait u can appeal all the way to supreme court?? i just gave up after OAH denied me. I should have kept going!!

same! i never new we could go to supreme court! esd doesn't tell us this stuff on purpose!!!!

Yes, you can appeal unemployment decisions beyond OAH. The appeal path is: 1) ESD Determination, 2) OAH Appeal, 3) Commissioner's Review, 4) Superior Court, and finally 5) Court of Appeals/Supreme Court. Each level has strict deadlines - typically 30 days from each decision to file the next appeal. If you've recently received an unfavorable decision, you may still be within your appeal window for the next level.

UPDATE: I went ahead and paid the full amount yesterday. I sent a certified check with a letter clearly stating I'm paying under protest while my appeal is pending with the Supreme Court. I requested a receipt showing

Smart move with the certified check and formal letter. That paper trail will be invaluable. Fingers crossed for your Supreme Court case!

good luck!!!!