Fighting ESD overpayment after moving out of state - need advice on Superior Court appeal

I went through something similar last year, though didn't go as far as Superior Court. ESD claimed I was working at a company I'd never even heard of! Turned out someone had stolen my identity and was working under my SSN. First, have you requested all your claim records through a public records request? This will show EXACTLY what ESD is basing their decision on. You might find they've confused you with someone else or have incorrect employment data in their system. Second, when taking it to Superior Court, focus heavily on the procedural error with the decision letter arriving after the appeal deadline. Courts take due process violations seriously. Third, you need to emphasize that ESD never provided the specific allegations (dates, employers, amounts) that would allow you to mount a proper defense. This is another procedural issue the court may be sympathetic to. Be prepared with ALL your military pay stubs, UI payment history, and a detailed timeline showing when you reported what earnings. Good luck!

THE EXACT SAME THING just happened to my brother!! ESD is sending out these vague overpayment notices to TONS of people hoping they'll just pay up without fighting. It's basically a extortion racket at this point. My brother got hit with an $5,800 bill claiming he worked for some company in Tacoma he'd never heard of while collecting UI. Turns out someone at ESD mistyped a SSN and they were confusing him with someone else. Took him FOUR MONTHS to get it sorted out. ESD doesn't care that they ruin people's lives with these mistakes!

have you tried contacting ur state rep? i had a similar issue (not overpayment but they froze my benefits claiming fraud) and my state rep's office got it fixed in like 2 weeks after i spent MONTHS trying to resolve it myself. worth a shot even tho ur out of state now

I'm an employment attorney who has handled several ESD cases, and I can tell you that your situation is unfortunately common. The vague overpayment notices fail to provide due process by not giving specific allegations that would allow you to mount a proper defense. For your Superior Court petition, focus on these key arguments: 1. Procedural due process violation - you cannot defend against unspecified allegations 2. Failure of proper notice - the appeal deadline started before you received notification 3. Substantial evidence standard - ESD must have actual evidence beyond a vague allegation Request that the court remand the case back to OAH with instructions to hear the case on its merits. Also important: even while appealing, you should request an overpayment waiver based on financial hardship and/or equity and good conscience. This is a separate process from your appeal but can run concurrently.

Have you been able to actually talk to someone at ESD? I had an overpayment issue last month and kept calling but could never get through. I ended up using Claimyr (claimyr.com) to get through to an actual human at ESD. Basically connects you directly to an ESD agent instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 When I finally talked to someone, they found that the "employer" reporting me was actually a company with a similar name to mine (I'm self-employed). Got it resolved in one call once I actually reached someone who could access the details.

Question - when you say you were attending night school full-time, was this using the GI Bill by any chance? I'm asking because there's a weird interaction between GI Bill benefits and unemployment. Some ESD agents incorrectly believe you can't collect both, even though that's not actually true (as long as you're available for work). This could be the source of the mysterious "working" they're referring to.

wait i just realized something - when u moved out of state, did u tell ESD u were moving? sometimes if u move without notifying them they automatically consider it fraud. happened to my roomate last year, total nightmare. they assumed she moved for a job and was working without reporting

One other thing to consider for your Superior Court case - request a finding on whether ESD's appeal notification process violates Washington Administrative Procedure Act requirements. Since you've documented that their decision letter arrived after the appeal window closed, this could be grounds for the court to rule their notification process is systematically flawed and violates due process. If you can frame this as a systemic issue rather than just your individual case, judges are often more inclined to rule favorably. Also, do you have certified mail or other documentation showing when you actually received their decision letter? That would be crucial evidence.

This whole situation is ridiculous. ESD is a complete mess since COVID. My claim from 2024 is still "under review" and I call every month only to be told "it's in process" whatever that means. Now I'm scared they'll hit me with some random overpayment too. Good luck with your case!