ESD wants repayment despite 'not at fault' overpayment decision - anyone won their appeal?

I successfully appealed my overpayment last year! Even after being found 'not at fault', ESD initially insisted I repay about $3,200. At the appeal hearing, I brought detailed documentation of my monthly expenses (rent receipts, utility bills, car payment, insurance, groceries, etc.) along with my bank statements and pay stubs from the last 3 months. The crucial thing was showing that my basic necessities exceeded my income. Be super specific in your financial documentation and make sure to show the hearing judge that repayment would cause significant hardship. The key is proving you can't repay without sacrificing essential needs like housing, food, or healthcare.

ESD is SUCH a joke honestly!!!! They do this ALL THE TIME - tell you its not your fault but then demand money anyway?? Like make it make sense!!! I had almost the EXACT same situation in feb and they wanted $7k back even tho they literally told me in writing I wasn't at fault. The whole system is desined to confuse ppl so they just give up and pay. DON'T GIVE IN!!

happened 2 me last yr. got the not at fault letter then they still wanted $4k. i gave up n just set up a payment plan for $50/month cuz i cldnt handle the stress anymore. the whole thing is rigged tbh

I work with unemployment cases regularly, and here's something important to know: For the appeal hearing, you need to focus specifically on proving financial hardship using the standards in WAC 192-220-030. The fact that you were found 'not at fault' qualifies you to request a waiver, but you still need to demonstrate that repayment would cause 'extraordinary hardship.' Bring detailed monthly budget showing all expenses, recent bank statements, pay stubs, documentation of any debts/loans, and statements showing minimal savings if applicable. Be prepared to explain why repayment would impact your ability to afford basic necessities. The hearing judge will be specifically looking at whether you can make payments without sacrificing essentials like housing, utilities, food, medication, etc.

I just went through this exact nightmare scenario! Found not-at-fault but still ordered to repay $4,200. The whole process took forever but I did eventually get the repayment fully waived. One tip nobody told me: make sure to clearly separate yourself and your expenses from your spouse's if you're married. I created a detailed spreadsheet showing what portions of our rent, utilities, groceries, etc. were covered by my income alone, and demonstrated that losing any portion of my current income to repayment would jeopardize my contribution to necessary expenses. This approach worked much better than my first hearing where I just presented our combined financial situation.

Have you tried calling ESD to ask for clarification on how they determined you have the ability to repay? I was in a similar situation last year, and I could never get through on the regular line. After weeks of trying, I found Claimyr (claimyr.com) which got me connected to an actual ESD agent within 30 minutes. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent explained exactly what financial documentation I needed for my appeal and even noted on my account that I was planning to appeal based on financial hardship. It made a huge difference in my preparation, and my waiver was eventually approved.

I'm wondering... did anybody notice how the ESD policy on these overpayments seems to have changed since the pandemic? I feel like before 2020 I never heard about people being found 'not at fault' but still having to repay. Now it seems super common. My cousin just went through something similar and she said her caseworker basically admitted they've been instructed to be much stricter on waivers because of the massive overpayments during the pandemic. Anyone else heard this?

One thing I recommend for your appeal: request all records ESD used to make their determination about your ability to repay. You have a right to see exactly what financial information they're basing this on. Sometimes they're working with outdated or incorrect information about your current financial situation. At your hearing, be sure to highlight any changes in your financial circumstances since the overpayment occurred - especially if your situation has worsened. Also, don't be afraid to get emotional (but still respectful) about the impact this repayment would have on your life. The judges are human and respond to genuine hardship stories.

For my appeal hearing, I created a monthly budget spreadsheet that was really detailed - I listed every single expense down to Netflix and pet food. The judge actually complimented me on how thorough it was. I also brought screenshots of my bank account showing I had less than $500 in savings. Don't forget to include any medical expenses or debt payments! Another thing that helped was bringing documentation of any unusual expenses that might be coming up - in my case, my car needed major repairs, so I brought the estimate from the mechanic. The more specific you can be about your financial situation, the better your chances.