ESD wrongly charged me $625 overpayment - appeal denied - now all my claims stuck pending
I'm so frustrated with the ESD system right now. I've been receiving unemployment since March while working part-time. I've always reported my hours and earnings correctly every week.\n\nBack in June, I had one week where my part-time employer didn't schedule me any hours (no sick leave or vacation - just zero hours). I reported it correctly on my weekly claim. Then in July, I get hit with an overpayment notice saying I owe $625 for that week!\n\nI immediately appealed and submitted my timesheet and paystub as proof, but apparently sent it to the wrong office. At the rescheduled hearing, I was sick all night and missed the court time. By the time I got the judgment paperwork, the deadline for filing a Motion to Vacate had passed, so I filed a Petition for Review instead.\n\nJust got the decision - DENIED. Now I apparently owe $625 for a mistake THEY made. I even got my part-time employer to write a letter confirming I had zero hours that week. \n\nThe unemployment attorney I spoke with basically said "just pay it because the system is rigged and no one wins appeals against ESD." WHAT?? That's insane and unethical.\n\nNow my account shows I owe $1,120 with no breakdown of what it's for, and all my claims since then are stuck as "pending." If I pay this bogus debt, will my pending weeks get processed? Has anyone successfully fought an incorrect overpayment? Who can I contact above ESD to report this abuse of authority?
14 comments
Jean Claude
I went through something similar last year. The system is definitely not set up to help claimants. Have you tried contacting your state representative? They often have staff dedicated to helping constituents with unemployment issues. Go to leg.wa.gov and find your district representatives, then email their office explaining the situation. They can sometimes intervene when ESD is being unreasonable.\n\nAs for your pending weeks - yes, they'll likely stay pending until you either pay or set up a payment plan. It's basically their way of forcing compliance.
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Chris Elmeda
Thank you! I'll look up my reps today. Do you think I should set up a payment plan in the meantime so my pending claims will process? I'm worried about going weeks without any benefits while this gets sorted out.
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Charity Cohan
omg this EXACT thing happend to me!!!! esd is such a joke honestly. they said i didnt report earnings but i DID. by the time i got all my proof togethr the appeal deadline was gone. now they take 25% of my weekly benefit to pay it back. so messed up. the whole system is desined to screw us over.
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Josef Tearle
I think you can still request a hardship reduction if the 25% is causing financial problems. There's a form on the ESD website under the overpayment section. They might reduce it to 10% if you explain your situation.
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Shelby Bauman
This is frustrating but there are still options. First, you need to understand that once you've gone through the appeal process with OAH and then the Commissioner's Review, your next step would be to file in Superior Court - but that has strict timelines and might require an attorney.\n\nFor your pending weeks, call ESD directly to ask why they're held up. It's possible they're applying an \
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Chris Elmeda
Thank you for the detailed response! I didn't know about the Ombuds Office - I'll try them tomorrow. I also like your suggestion about paying under protest. Would it be better to send a check with that noted rather than paying online?
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Quinn Herbert
i had the SAME THING last month!!!! its like they want us to give up fighting. i heard they have quotas for finding
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Salim Nasir
While I understand your frustration, ESD doesn't actually have fraud quotas. I worked there briefly in 2022. What's happening is their automated systems flag discrepancies between employer-reported wages and claimant-reported wages, but the system isn't sophisticated enough to understand nuances like weeks with zero hours at a part-time job. Then the appeals process is so rigid that legitimate explanations get lost. It's a broken system, not a malicious one.
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Hazel Garcia
After dealing with ESD for months and NEVER getting through on the phone, I finally found Claimyr (claimyr.com). They got me connected with an actual ESD agent in about 20 minutes when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nTalking to a real person at ESD made all the difference. The agent was actually able to look at my file, see the documentation I'd submitted, and fix things from their end. Might be worth trying before you pay anything.
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Chris Elmeda
I've never heard of this service but I'm desperate at this point. I've called ESD at least 15 times and either get disconnected or told the wait time is over 3 hours. I'll check out that video - thanks!
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Salim Nasir
Regarding your pending claims - they're likely being held because of the overpayment issue. ESD typically won't release new payments until overpayment issues are resolved (either through payment, payment plan, or successful appeal). \n\nAs for the increased amount ($1,120 vs. the original $625), that probably includes penalties and interest that have accrued. ESD is required by law to add a 1% interest per month on unpaid overpayments.\n\nOne thing to try: submit a formal written request for an overpayment itemization. They are required to provide you with a detailed breakdown of what you owe and why. Send this via certified mail to ESD Claims Center. This could at least help you understand what you're dealing with.
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Laila Fury
Yep thats how they get ya, wait until it doubles from interest then threaten to garnish wages if you dont pay. System is RIGGED
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Josef Tearle
Based on my experience with ESD overpayments, here's what I'd recommend:\n\n1. Contact your state representative immediately (as others suggested)\n2. Set up a minimal payment plan to unfreeze your pending claims (even $10/month is enough)\n3. Request a formal overpayment itemization in writing\n4. File a complaint with the Washington State Office of the Attorney General (they have an online form)\n5. Keep filing your weekly claims even while this is being resolved\n\nESD's overpayment system is deeply flawed, but I've seen people successfully get these reversed with persistence and the right pressure points. Don't give up!
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Chris Elmeda
Thank you for the practical advice. I'll start with the payment plan to get my pending claims moving and then work through your other suggestions. I really appreciate everyone's help on this!
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