ESD says I'm 'at fault' for COVID-related overpayment - anyone fought this?

This EXACT same thing happened to me!!! I was out with COVID for 10 days last November, provided all my test results and doctor notes, and they still said I was "at fault" for a $1,250 overpayment. I appealed and included all my documentation again. Currently waiting for my hearing date. The whole system is RIGGED to deny legitimate claims!!!! Keep fighting it!!!

question - did u get an actual letter explaining why ur at fault? sometimes esd doesnt consider being sick as a valid reason to be unavailable unless ur on standby status or something. the rules are weird about that

You might have run into the "able and available" requirement. For regular UI, being unavailable for work (even due to illness) can make you ineligible for benefits during that period. When you marked yourself as "unavailable," the system should have flagged it immediately rather than paying you. This is different from COVID-specific programs like PUA that ended in 2021. Under current regular UI rules, you generally need to be able and available for work each week you claim. My suggestion: Make sure your appeal emphasizes that you were truthful in your reporting and that ESD initially approved the payment despite your honest reporting of being unavailable. This may help get the "at fault" designation removed even if you still have to repay. "Not at fault" overpayments have much more flexible repayment options.

I've seen this exact situation with clients I've helped through the UI process. The key distinction is between "fault" and "eligibility" - you can be truthful and still not eligible. Here's what likely happened: 1. You correctly reported being unavailable due to COVID 2. The system paid you anyway (automated error) 3. Later review caught that you weren't eligible because you weren't "able and available" for work 4. The fact you received money you weren't technically eligible for created an overpayment In your appeal, focus on having the "at fault" designation removed since you provided accurate information. "Not at fault" overpayments can be waived in certain circumstances or set up on very manageable payment plans. Key argument: You did not misrepresent anything, and the error was on ESD's side for paying benefits despite your honest reporting of being unavailable.

same thing happened 2 my brother! he got sick w covid, reported it, got paid, then months later got hit with overpay notice. he just paid it back cuz he didnt want the hassle. such BS the way they treat people

I understand your frustration! I got nowhere with my COVID-related overpayment appeal for MONTHS until I finally got through to an actual ESD representative who could explain everything. Spent days getting hung up on because of call volume, but then I found this service called Claimyr (claimyr.com) that got me through to an actual person at ESD within about 20 minutes. They have this demo video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with immediately saw that I had documented everything correctly and helped me file the right type of appeal to get the "at fault" designation removed. Still had to repay, but got on a very minimal payment plan because they removed the fault finding.

This is actually a common issue right now. The current UI system in Washington requires you to be "able and available" for work each week you claim benefits. When you marked yourself as "unavailable" due to illness, you technically became ineligible for benefits during those weeks. The confusion often stems from the pandemic period when special rules were in place. Those exceptions ended, and we're back to the standard UI rules where being unavailable for work (even with good cause like illness) makes you ineligible for that week. In your appeal hearing, focus on these points: 1. You truthfully reported your status 2. ESD's system incorrectly paid you despite your accurate reporting 3. You had no reason to believe the payment was incorrect 4. Request removal of the "at fault" designation While you may still have to repay the amount, getting the "at fault" designation removed is crucial as it provides more options for manageable repayment plans or potential waiver of the overpayment in certain hardship situations.

bro they just want their money back no matter what. system is broken af

Update on what I shared earlier - if you can provide financial hardship documentation, you might qualify for a waiver of the overpayment entirely, even if they don't remove the "at fault" finding. Form ESD 640-001 is what you need - "Application for Overpayment Waiver." Most important though: whatever you do, keep filing your weekly claims while this gets sorted out if you're still on unemployment. An appeal doesn't stop your current claim requirements.