ESD sent overpayment notice without warning - missed appeal deadline - any options left?

Unfortunately ESD only sends notifications through their portal and expects everyone to regularly check it, which is ridiculous. You should definitely still try to appeal even though you missed the deadline. Call and explain you never received proper notification. They might grant you a 'good cause' exception for filing late. When my friend went through this, he had to explain that he had 'good cause' for missing the deadline because he didn't know about the decision until after the appeal period ended.

THEY DID THE SAME THING TO ME LAST YEAR!! It's absolutely CRIMINAL how they operate. They claimed I owed $3,200 and I never saw any requests for additional info. I tried calling for THREE WEEKS and couldn't get through. The entire system is designed to screw people over.

You can still appeal after the deadline by demonstrating "good cause" for the late appeal. Here's what you should do: 1. File an appeal immediately using the online appeal form at esd.wa.gov or by writing a letter to the Office of Administrative Hearings 2. In your appeal, clearly explain why you missed the deadline (lack of notification) 3. Include evidence that your husband completed his job searches (screenshots of entries, emails from applications, etc.) 4. Request a hearing for both the late appeal issue AND the underlying overpayment issue Under WAC 192-04-090, an appeal may be filed late when circumstances beyond your control prevented timely filing. Not being properly notified can qualify as good cause. Act quickly though - the longer you wait, the harder it becomes to claim good cause.

did u try calling them? i had somthing similar happen and spent like 3 days just hitting redial over and over till i got thru

I went through almost the exact same situation in January. Had to appeal an overpayment of $5,275 after missing the deadline by about 10 days. I was getting nowhere with the regular ESD phone lines - constant busy signals or disconnects. I finally tried Claimyr (claimyr.com) which helped me get connected to an actual ESD agent within about 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent I spoke with helped me file a late appeal with "good cause" explanation. My hearing was scheduled about 3 weeks later, and the judge ended up ruling in my favor because I could prove I'd done my job searches correctly. The entire overpayment was dismissed. Don't give up - document everything and keep pushing for that appeal!

make sure you check that portal REGULARLY from now on!!! they never send emails about anything important which is so stupid. i check mine every monday morning just to be safe. but yeah def try to appeal and explain the situation, sometimes they're understanding but you gotta be persistent.

Quick follow-up regarding the job search documentation issue: Under RCW 50.20.240, claimants are required to provide additional job search documentation when requested, but ESD must provide clear notification of such requests. For your appeal, make sure to: 1. Print out all job search logs from your husband's weekly claims (you can access past weekly claims in the portal) 2. Gather any supporting documentation of those job searches (application confirmations, emails, contact information) 3. Document your claim that you never received a request for additional job search verification 4. Request the appeal hearing be conducted by phone if possible (it's generally easier than in-person) I've helped several clients with similar situations, and success often comes down to how well you document your case. Good luck!

One more thing - if you do get through to ESD and they still insist on the overpayment, ask about a waiver. If paying it back would cause significant financial hardship (which it sounds like it would), you can apply for an overpayment waiver. They don't advertise this option, but it exists. You'd need to show that the overpayment wasn't your fault AND that repayment would cause significant hardship.

my brother had something similar happen last year and what worked for him was gathering all his job search proof and writing a super detailed letter explaining exactly why he missed the deadline and proof he did everything right. the judge ended up being really understanding when they saw all the documentation. don't just say "i did the job searches" - PROVE it with screenshots, emails, names, everything you can find.

Just a heads up - even if you start an appeal process, they might still send the overpayment to collections if you don't set up a repayment plan in the meantime. They did that to me without warning and it damaged my credit score. The whole system is rigged against us!