ESD overpayment waiver approved - do I get unpaid claim weeks too?
Just got some good news - my overpayment waiver was finally approved after fighting with ESD for months! They're refunding the $5,800 I had to pay back, which is a huge relief. But I'm confused about something else - during that whole mess, there were 3 weeks where my claims were filed but never paid because of the investigation. Now that my waiver is approved, will those unpaid weeks automatically process too? Or do I need to contact ESD specifically about those? Anyone been through this who knows how it works? The notification letter doesn't mention anything about unpaid weeks, just the refund for what I already paid back.
20 comments


Ella Harper
Congrats on getting the waiver! Based on my experience last year, they only refund what you already paid back to them. Those unpaid weeks aren't automatically processed - they consider those separate from the overpayment issue. You'll probably need to call and specifically ask about getting those weeks paid now that your case is resolved.
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Micah Franklin
•Ugh, that's what I was afraid of. Was really hoping those weeks would just magically appear in my account! Any tips for getting through to an actual person? I've called like 15 times this month already.
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PrinceJoe
i had a waiver 2 mos ago they only giv back wat u already paid them the other weeks r gone forever sorry man thats just how esd works its stupid but thats the rules
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Micah Franklin
•Really? That doesn't seem fair at all. Those were legitimate weeks I should have been paid.
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Brooklyn Knight
•This isn't entirely accurate. If your waiver was approved, it means ESD determined you were eligible for those benefits. You can request a redetermination specifically for those unpaid weeks. It's not automatic, but it's definitely possible to get those weeks paid if you were eligible.
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Owen Devar
The system doesn't automatically process unpaid weeks after a waiver approval. You need to specifically request that ESD review those unpaid weeks. What happened is your waiver approval addressed the overpayment issue (meaning you get back what you paid), but those unpaid weeks are considered a separate matter in their system. Call the claims center and explain that you had X weeks that went unpaid during your eligible period that you'd like reviewed now that your waiver was approved. Be prepared with exact dates of those weeks. They should be able to see them in your claim history. Just be aware that the standard time limit for backdating claims is 30 days, but since these were already filed and just never paid, you have a good case for getting them processed now. Make sure to mention that you had filed them on time but they were held due to the investigation that has now been resolved in your favor.
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Daniel Rivera
•My brother had almost the EXACT same situation!!! They made him wait another 6 WEEKS after his waiver was approved before they paid those missing weeks. The whole system is designed to make people give up, I swear.
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Sophie Footman
I've been through this exact process and had success getting my unpaid weeks paid after my waiver was approved. Here's what worked for me: 1. Try using Claimyr to get through to ESD faster (claimyr.com). I was skeptical at first but their service actually worked - you can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 2. When you get an agent, explain that your waiver was approved and you need a redetermination on the weeks that were filed but never paid during the investigation period. 3. Be very specific about which weeks you're talking about - have the exact dates ready. 4. Ask them to document in your file that you're requesting these specific weeks to be reviewed now that your eligibility has been confirmed through the waiver approval. It took about 10 days after my call for the weeks to be processed and paid. Hope this helps!
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Micah Franklin
•Thank you! This is super helpful. I've been trying to get through for days with no luck. I'll check out that service - at this point I'm willing to try anything to avoid more wasted time on hold.
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PrinceJoe
•does that claimyr thing actually work?? i thought it was a scam lol
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Connor Rupert
THE WHOLE SYSTEM IS RIGGED AGAINST US!!! I've been fighting with ESD for 14 MONTHS over a similar issue. They approved my waiver in JANUARY and I'm STILL waiting for my refund!!!! And those unpaid weeks? FORGET ABOUT IT. They'll make you jump through hoops forever and then claim "oh the time limit has passed" or some other BS excuse. Don't get your hopes up. The only thing that MIGHT work is contacting your state representative - that's what finally got them to even look at my case.
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Micah Franklin
•Wow, that's horrible! I'm sorry you've been dealing with this for so long. Did you ever get resolution on your unpaid weeks?
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Connor Rupert
•NOPE! They sent my refund for the overpayment after my rep got involved, but they're still "reviewing" my request for the unpaid weeks. Been "reviewing" it for 3 months now. It's a joke.
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Brooklyn Knight
To clarify what others have said, here's how the process works when an overpayment waiver is approved: 1. ESD will refund any money you already paid back toward the overpayment 2. Any remaining balance on the overpayment is forgiven 3. Any weeks that were filed but not paid during your eligible period are NOT automatically processed For those unpaid weeks, you need to specifically request a redetermination. The good news is that since your waiver was approved, there's a strong case that you were eligible for benefits during those weeks. When you contact ESD: - Explain that your waiver was approved (have the waiver approval number ready) - Specify exactly which weeks were filed but unpaid - Request that they review those weeks for payment now that your eligibility has been confirmed - Ask for a timeline on when you can expect a decision I recommend putting this request in writing through your eServices account message center AND calling. Having a written record of your request is important if you need to escalate later. Make sure to keep detailed notes about who you spoke with and when.
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Micah Franklin
•Thank you for breaking it down so clearly! I'll send a message through eServices tonight and try calling again tomorrow. Should I mention that these weeks were unpaid specifically because of the investigation that led to the overpayment that has now been waived? Or just stick to requesting a review of the unpaid weeks?
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Brooklyn Knight
•Yes, definitely mention that connection! It strengthens your case when you explain that these weeks went unpaid due to the same investigation that resulted in an overpayment that has now been waived. This shows the issues are directly related and that the waiver decision should logically extend to those unpaid weeks as well.
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Molly Hansen
Just wanted to add my experience - I had my overpayment waived last year and got back the money I'd paid, but completely forgot about two weeks that never got paid during the investigation. When I realized it months later and called about it, they told me it was too late to claim those weeks. Apparently there's some time limit (I think 30 days?) after your eligibility is confirmed to request those unpaid weeks. So definitely don't wait to contact them!
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Micah Franklin
•Oh no! That's scary - I definitely need to deal with this ASAP then. Thanks for the warning!
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Owen Devar
One more suggestion - when you do get through to ESD, ask for a claims specialist who is familiar with overpayment waivers and redeterminations. Not all agents are equally knowledgeable about this specific situation. If the first person you speak with seems unsure, politely ask to be transferred to someone who specializes in post-waiver claims processing. Also, if you run into resistance, mention RCW 50.20.190, which is the Washington state law governing unemployment overpayments and waivers. The fact that your waiver was approved establishes that you were eligible for benefits during that period, which should apply to all weeks during your eligible period.
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Micah Franklin
•That's great advice, thank you! I'll definitely ask for a specialist and make note of that RCW number. Hoping this doesn't turn into another months-long battle.
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