ESD overpayment waiver for COVID period - $19k balance but retired out-of-state

Yes, there are COVID-period overpayment waivers available, but you need to act quickly. Under the ARPA legislation, ESD can waive overpayments from the pandemic period if repayment would cause financial hardship or if the overpayment wasn't your fault. Since you're on fixed retirement income, you have a good case for hardship. You'll need to submit the official overpayment waiver request form through your ESD account, explaining your financial situation and why you believe the error wasn't your fault. Include documentation of your retirement income and expenses if possible.

omg i had almost the same thing happen!! they said i owed like $14k but i got it reduced to just paying back $2300. the trick is to appeal it first (within 30 days of getting the notice!!!) and then request the waiver after. they have this whole formula where they look at your income vs expenses and if the payment would cause 'extraordinary hardship' they can waive it. being retired definitely helps your case thats for sure

If you want to actually talk to someone at ESD about this, I'd recommend using Claimyr (claimyr.com). It's the only way I could get through after dozens of tries calling ESD directly. They have a system that gets you past the busy signals and holds your place in line. Saved me days of frustration when I was dealing with my overpayment issue. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. For something this important with a tight deadline, it might be worth it to speak directly with an agent.

THE WHOLE SYSTEM IS RIGGED AGAINST US!!! I got hit with a $7k overpayment in 2023 and fought it for MONTHS. They kept saying I didn't provide proper documentation but I SENT EVERYTHING THEY ASKED FOR!!! Don't believe them when they say the waiver process is fair - they denied mine THREE TIMES before finally approving it after I got my state representative involved. DOCUMENT EVERYTHING and be prepared for a long fight!!!

The "wrong account type" explanation actually gives you a strong case for waiver. This indicates an administrative error on ESD's part rather than misrepresentation on yours. I've helped several clients with similar situations. You need to specifically request a "Section 3304(a)(4) of FUTA and Section 303(a)(5) of SSA" waiver review, which applies when the overpayment was not your fault. Make sure to explain that you answered all questions truthfully and the error was administrative. Also, since you're now retired with fixed income, emphasize the financial hardship aspect in your waiver request.

my cousin had similar issue but smaller amount. they said he had to pay back like $6k but he just ignored it lol. now he says they're taking it from his tax returns each year. dunno if thats relevant since your in arizona now? maybe they cant touch you there??

To answer your follow-up questions: Yes, there is a deadline for appealing - 30 days from the date on the notice. Living out-of-state doesn't disqualify you from requesting a waiver, but it might complicate the process slightly. You should submit both an appeal AND a waiver request to cover all bases. For the waiver, you'll need to demonstrate financial hardship with documentation of your current income and expenses. The COVID-period waivers have more flexible criteria, especially for cases where ESD made the error (like putting you on the wrong benefit type).

For those looking for the specific overpayment waiver forms, they're not actually in your eServices account. You need to go to the main ESD website (esd.wa.gov), then find the section on overpayments (under Unemployment Benefits > Overpayment). There's a downloadable PDF form called the "Overpayment Waiver Application" that you'll need to complete and upload through your account messaging system or mail in. Make sure to check the box for COVID-period overpayment consideration if your overpayment occurred during the pandemic timeframe (March 2020 - September 2021).

just make sure when u fill out that form you really emphasize how this would cause severe financial hardship!!! they look for specific language like 'unable to afford basic necessities' and 'would deplete all savings' and stuff like that. also if you have any medical issues or disabilities mention those too!!

I really appreciate everyone's help on this! I've submitted both the appeal (just made the 30-day deadline) and the waiver request form with all my financial documentation. I emphasized that I'm on a fixed retirement income, included my monthly expenses, and explained that the overpayment would make it impossible to afford my housing and medications. I also clearly stated that the error was due to ESD putting me on the wrong benefit type, not any mistake on my part. I'll update this thread when I hear back from them. Fingers crossed for a positive outcome!