< Back to Washington Unemployment

ESD taking 100% of new UI benefits for old overpayment despite pending waiver - help!

Just when I thought things were looking up! After 2 months of job searching, I finally got approved for unemployment benefits last week. I was so relieved... until I checked my payment status and saw ZERO dollars hitting my account. Apparently ESD is taking 100% of my weekly benefit to pay back an old overpayment from 2023 ($4,700 remaining). Here's the worst part - I applied for an overpayment waiver nearly 6 weeks ago because I genuinely couldn't afford to pay it back (lost my house last year, currently staying with family). The waiver is still "pending review" according to eServices, but they're already garnishing 100% of my new claim! I called the collections department yesterday and the woman was INCREDIBLY rude. She basically said "there's nothing we can do while your waiver is pending" and then hung up on me mid-sentence. How is this legal?! How am I supposed to pay rent and buy food with literally $0 coming in? Has anyone dealt with this before? Is there any way to get them to take a smaller percentage until the waiver decision comes through? I'm desperate here.

StarSeeker

•

omg same thing happend to me last year!! they took all my money for like 7 weeks and i couldnt even buy groceries. the system is so broken, its like they want us to be homeless

0 coins

Did you ever get it resolved? I literally have $43 to my name right now and no idea how I'm going to make it through the next few weeks.

0 coins

Sean O'Donnell

•

Unfortunately, ESD is legally allowed to recoup 100% of your benefits to satisfy an outstanding overpayment. However, you do have options: 1. You can request a repayment plan by submitting the form on eServices under "Overpayment" section. This would potentially reduce the weekly recoupment amount. 2. Since your waiver is pending, contact your state representative's office. They can often expedite reviews like this through their ESD liaison. 3. Consider appealing the 100% recoupment separately from your waiver request. You can argue for financial hardship and request a lower percentage (25-50% is more common). In my experience working with clients facing similar situations, option #2 has been most effective for getting quick resolution.

0 coins

Thank you so much for these suggestions. I had no idea I could appeal the recoupment percentage separately from the waiver. I'll try all three options. Do you know if there's a specific form for appealing the 100% rate or do I just call again (dreading that)?

0 coins

Zara Ahmed

•

ive been on unemployment 3 times and i never knew they could take ALL of it!! thats ridiculous, how are you supposed to live?? the ESD system is such a joke sometimes. sending good vibes your way

0 coins

Luca Esposito

•

I've been through this exact situation. While waiting for my waiver decision (which took 9 weeks), I was able to get the recoupment reduced to 50% by submitting a financial hardship request. You need to submit form ESD 627-064 "Request for Minimum Monthly Payment" which you can find on the ESD website under Forms. Also - don't waste time calling the regular collections number. They can't help. You need to call the main ESD unemployment line and specifically ask to speak with someone in the Benefit Payment Control unit. They're the ones who can actually adjust the recoupment percentage. Good luck!

0 coins

Thank you SO MUCH for this specific form number! I've been searching the ESD website for hours and couldn't find it. I'll fill this out today. Did you have to provide documentation of your expenses/hardship with the form?

0 coins

Luca Esposito

•

Yes, you'll need to document your monthly expenses (rent/mortgage, utilities, food, medical, etc.) and any income sources. Be detailed and thorough - the more documentation you provide, the better your chances. I included copies of bills, bank statements showing my balance, and a written statement explaining my situation.

0 coins

Nia Thompson

•

Try using Claimyr to get through to an actual ESD agent who can help. After spending WEEKS trying to get someone on the phone about my overpayment issue, I used their service and got connected to an ESD agent in under 25 minutes. The agent was able to immediately reduce my recoupment rate from 100% to 35% while my waiver was processing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. It's the only way I could actually talk to someone who could make changes in the system.

0 coins

Mateo Rodriguez

•

I second this recommendation. ESD's phone system is completely overwhelmed right now. I used Claimyr last month when I had a similar issue (though mine was only a 75% recoupment). Got through to someone who actually had the authority to adjust my case. Definitely worth it when you're in a financial emergency situation.

0 coins

GalaxyGuardian

•

This happened to me in January 2025. ESD was taking 100% of my benefits for an overpayment while my waiver was pending. I discovered there's an obscure regulation that says they're supposed to reduce the recoupment percentage if you have a pending waiver request! Print out WAC 192-230-100 from the Washington Administrative Code and cite that when you talk to them. It specifically addresses recoupment rates during pending waivers. I had to escalate to a supervisor, but they eventually reduced mine to 25%. Also, check if you qualify for WorkFirst emergency assistance through DSHS while this gets sorted out. They can sometimes provide temporary financial help for exactly these kinds of situations.

0 coins

This is INCREDIBLY helpful! I just looked up that regulation and you're right - it clearly states they should adjust the percentage while a waiver is pending. Thank you so much for this information! I'll definitely be mentioning this specific code when I call.

0 coins

Aisha Abdullah

•

my freind had this happen and she just kept calling EVERY DAY until she got someone helpful. took like 2 weeks but she finally got someone who fixed it for her. the squeaky wheel gets the grease or whatever lol

0 coins

Sean O'Donnell

•

One important piece of advice - whatever you do, keep filing your weekly claims even though you're not receiving any money. If your waiver is approved, they'll pay all those weeks retroactively, but only if you've been consistently filing each week. Also, be aware that overpayment waivers are currently taking 8-12 weeks to process according to what an ESD rep told me last week (I work with unemployment cases). So you'll need a plan to manage financially during this time.

0 coins

8-12 weeks?! That's insane! There's no way I can survive that long with zero income. I'll keep filing my claims, but I'm definitely going to be aggressive about getting the recoupment percentage reduced in the meantime. Thank you for the heads up on the timeline.

0 coins

Nia Thompson

•

UPDATE: I filled out the hardship form and cited WAC 192-230-100 as someone suggested. It took three phone calls (using Claimyr to get through), but they finally reduced my recoupment rate to 40%! Not ideal but at least I'll get some money while waiting for the waiver decision. Thanks everyone for your help! I'll update again when I hear about my waiver.

0 coins

Luca Esposito

•

That's great news! 40% is actually better than many people get. Keep all your documentation and be prepared to follow up if they don't implement the change on your next payment.

0 coins

StarSeeker

•

so happy for u!! at least its something! the system is still broken tho

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,875 users helped today