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Giovanni Greco

ESD overpayment due to school attendance - hearing this Friday! Urgent advice needed

I'm seriously freaking out right now. I have an overpayment hearing with ESD this Friday and I'm not sure how to prepare. Here's what happened: I enrolled in college classes over the summer while still collecting unemployment. I honestly thought I was doing the right thing by answering "yes" to the weekly claim question about starting school/training. I also answered "yes" when it asked if I could still work full-time and if I would drop classes for suitable work (which is 100% true!). Fast forward to two weeks ago, and suddenly I log in to discover I supposedly owe $4,800 back to ESD for all those weeks! The determination letter says something about my availability being restricted, but I've been applying to jobs this whole time and would absolutely quit school for a job. Has anyone dealt with this kind of overpayment situation before? What kind of evidence should I bring to the hearing? Will they make me pay everything back immediately if I lose? I'm a nervous wreck over this.

I went through almost this exact situation last year. The key is showing that school didn't actually interfere with your ability to work. For your hearing, you should bring: 1. Your class schedule showing when your classes were 2. Documentation of job search activities during that period 3. Any evidence showing you were available full-time (like flexible class schedule, night classes, online courses, etc.) 4. A clear statement about your willingness to quit school for work During my hearing, I explained that my classes were all scheduled in the evenings specifically so I could work daytime hours. The judge ended up ruling in my favor and canceled the overpayment completely.

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Thank you so much for this detailed response! My classes were actually all online and self-paced, so I could literally do them anytime. Should I print out my course descriptions showing they're online? Also - did you have a lawyer or did you represent yourself at the hearing?

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Dylan Wright

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omg i had the SAME THING happen like 2 months ago!!! i checked yes for school but they never even asked me any followup questions and then BAM overpayment notice for like $3200. so frustrating!!! let us know how it goes!!!

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Did you appeal it? What happened in your case?

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Dylan Wright

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i missed the appeal deadline bc i was out of town when the letter came :( now im on a payment plan but its still BS

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Sofia Torres

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ESD has very specific rules about school attendance while on unemployment. The primary issue is whether your schooling interferes with your ability to accept full-time work. Before your hearing, carefully review RCW 50.20.095 which covers unemployment benefits while in training. Make sure to emphasize that: 1. Your course schedule had flexibility that allowed you to accept full-time work 2. You continued actively searching for work (bring evidence of job applications) 3. You were willing to abandon training for suitable employment (your statement of intent matters here) The Administrative Law Judge will be looking primarily at whether your school schedule effectively removed you from the labor market. Be prepared to explain how your specific courses and schedule still allowed full availability for work. If you lose, they typically set up a payment plan rather than demanding immediate full payment.

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Thank you! I didn't know about that specific law (RCW 50.20.095). I'll definitely look it up before Friday. My classes were all online and self-paced so there wasn't even a set schedule to conflict with work. Do you think that will help my case?

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Sofia Torres

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Online and self-paced classes definitely strengthen your case substantially. Make sure to bring documentation showing the classes were truly flexible. The key is proving that your education didn't create any barrier to accepting full-time employment. With self-paced online courses, you have a strong argument that your availability wasn't restricted at all.

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I HATE how ESD handles these school situations!!! The whole system is designed to TRAP people. If you say NO to school, they can disqualify you for misrepresentation. If you say YES, they can disqualify you for not being available. It's basically IMPOSSIBLE to win!!! I had a similar situation and ended up with a $6,200 overpayment. The whole hearing was a joke - the judge had clearly decided before I even spoke. Now they take 25% of my paycheck every week to pay it back. The system is RIGGED against regular people!!!!!

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I understand your frustration, but I've seen many cases where claimants won these types of hearings. It really depends on the specific circumstances and how you present your case. Online classes with flexible scheduling tend to have better outcomes than rigid in-person class schedules. The system isn't perfect, but it's not entirely rigged either.

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I work with unemployment appeals frequently. For your hearing, make sure to emphasize that your schooling did not interfere with your ability to search for and accept full-time work. The most successful claimants I've seen in your situation come prepared with: 1. A detailed log of all job search activities during the period in question 2. Documentation about the flexible nature of your classes (online, self-paced, etc.) 3. Evidence that you would have accepted suitable work (emails with potential employers, interviews you attended, etc.) Also, be very clear and direct in your testimony. Don't ramble or get emotional. Just stick to the facts showing that school didn't limit your work availability. Administrative Law Judges appreciate concise, fact-based presentations.

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Thank you for the professional advice! I do have my job search logs, but I didn't save many emails from potential employers. Do you think the weekly job search logs I submitted to ESD will be enough?

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Yes, your weekly job search logs submitted to ESD will definitely help. The judge will already have access to those, but bring your own copies as well. If you had any interviews during that period, even if you don't have documentation, you can still testify about them. Be specific with dates, company names, and position titles to show you were actively pursuing employment while in school.

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Ava Rodriguez

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Have you tried calling ESD directly to discuss your situation before the hearing? Sometimes they can provide insight into why exactly they determined you were ineligible, which might help you prepare better. I've been calling them for weeks about my own issue and finally got through using this service called Claimyr (claimyr.com). They hold your place in line and call you when an ESD agent is available. Saved me hours of redial frustration. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Might be worth trying before your hearing so you're better prepared with exactly what documentation to focus on. Good luck!

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I haven't been able to get through to ESD at all! Every time I call I just get the message about high call volume and to try again later. Thanks for the tip - I'll check out that service. I only have a couple days before my hearing, so anything that helps me prepare better is worth it.

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Miguel Diaz

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i used that claimyr thing last month too. worked pretty good actually. got through to someone at ESD in like 2 hours instead of spending all week trying to call them myself

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Zainab Ahmed

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one thing nobody mentioned yet - make sure you're on time for your hearing! they usually only wait 10 mins if your late and then you forfeit. also have you checked if its phone or video hearing? mine was on teams and i had technical issues at first

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Good point! My notice says it's a phone hearing and I need to call in 5 minutes early. I'll make sure to be ready well ahead of time.

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Another tip - take detailed notes during the hearing. If you end up needing to appeal the decision later, those notes will be incredibly helpful. Also, speak clearly and directly answer the judge's questions. Don't volunteer extra information unless it specifically helps your case about availability for work. And remember that everything is being recorded, so stay professional even if you feel frustrated by questions.

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This is really helpful, thank you. I tend to ramble when I'm nervous, so I'll make a concise outline of my main points beforehand and stick to that. Should I address the judge as 'Your Honor' or something else?

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' Judge 'or Administrative Law' Judge is appropriate.'They ll typically introduce themselves at the beginning of the hearing and may indicate how they prefer to be addressed. Most importantly, just be respectful and'you ll be fine on thatfront.

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William Rivera

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I've been through a similar situation and want to echo what others have said about preparation being key. One thing that really helped me was creating a simple timeline document showing: - Dates I was in school - My class schedule/format (online, flexible, etc.) - Job applications I submitted during that time - Any interviews or job contacts Having it all laid out chronologically made it much easier to explain to the judge how school never interfered with my work availability. Also, if you have any documentation showing you told potential employers you could start immediately or drop classes for work, that's gold. Even text messages or emails can help show your intent. The good news is that online, self-paced classes are usually viewed much more favorably than traditional classroom schedules. You've got a strong case - just stay calm and stick to the facts about your availability. Wishing you the best of luck on Friday!

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