How to appeal ESD overpayment notice from 2020-2021 unemployment benefits?

You definitely need to appeal this right away! I went through something similar in January with a $4,800 overpayment notice. The good news is that overpayments from the pandemic period have special considerations. Here's what you need to do: 1. File your appeal WITHIN 30 DAYS - this is absolutely critical 2. Request a waiver at the same time (there should be a form on the ESD website) 3. Gather ALL your documentation from that period - bank statements, any proof of weekly claim submissions, emails from ESD 4. Write a detailed statement explaining why you believe the determination is incorrect The appeal hearing will likely be by phone with an Administrative Law Judge from the Office of Administrative Hearings (OAH). Make sure you're prepared and have all your documentation ready when they call.

omg this happened to me too!! they said i owed like $5k from 2020 and i literally had no income that year cause i was laid off from restaurant work. i tried calling them like 50 times and never got through 😡 ended up just setting up a payment plan cause i was scared they'd garnish my wages or something

I successfully appealed an overpayment last year. Here's EXACTLY what worked for me: 1. File your appeal through your eServices account. Go to "Decisions and Pending Issues" and look for the option to appeal. 2. When you submit the appeal, also immediately request an overpayment waiver. During COVID, there are special waiver opportunities under federal guidelines - specifically for non-fraud overpayments where repayment would cause financial hardship. 3. Start a job search log RIGHT NOW (even if you're employed) and keep it updated. This shows you're making a good faith effort to comply with all ESD requirements. 4. Be completely honest in your appeal. If you made a mistake, acknowledge it but explain why it wasn't intentional. The key to winning is preparation and documentation. The judges want to see that you were acting in good faith.

Yes, I had a telephone hearing about 6 weeks after filing the appeal. The whole process took around 3 months from appeal to final decision. Make sure you answer ALL calls during that time, even unknown numbers, as the OAH will often call from a blocked number.

ESD is THE WORST!!! They're just trying to claw back money now that COVID is over. They were happy to hand it out when everyone was panicking but now they're nickel and diming people who were legitimately out of work. It's disgusting how they treat people.

If ur having trouble getting hold of ESD to discuss ur appeal (which u probably will), there's a service called Claimyr that helped me get through to an actual person. I was on hold for HOURS before I tried it. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Basically they hold your place in line and call you when they get an agent. The ESD rep I spoke with was actually really helpful and explained exactly what documents I needed for my appeal. Made a huge difference in my case!

Yeah it really did work for me! I was skeptical at first but was at my wits end after trying for like a week straight. Got through to someone in about 40 mins after using it. The agent was able to look at my file and give me specific advice for my situation.

i had an overpayment notice too and they will ABSOLUTELY garnish your wages if you don't respond. don't ignore it!!! i did and ended up with a 25% garnishment that i couldn't stop until i went through the whole appeal process anyway. so def appeal right away!!! the waiver form is here: https://esd.wa.gov/unemployment/overpayments im still waiting on my hearing date but at least they stopped the garnishment while its pending

yeah they asked for my bank statements, bills, rent/mortgage info and a budget breakdown. basically had to prove i couldnt afford to pay it back. they have a form that asks for all your expenses and income

One thing to consider: Was your overpayment related to the confusion around job search requirements during the pandemic? Many people received overpayment notices because the rules kept changing about whether you needed to look for work during different phases of the pandemic. If that's your situation, you have a very strong case for appeal because ESD's own communications were inconsistent during that period. I work with a nonprofit that helps people navigate unemployment issues, and we've seen many successful appeals based on the changing guidance during 2020-2021. The judges recognize there was legitimate confusion.

just went thru this!!! make sure u mention if u had ANY tech problems when filing claims. my appeal was approved cuz I could prove the ESD website was down when i tried to report my earnings (had screenshots thank god). also if u had any unusual situation like childcare issues during covid or health problems that might have affected your reporting, definitely include that in your appeal!

Just a quick update on pandemic-related overpayments - there was actually a special federal waiver program for non-fraud overpayments from the CARES Act period. Make sure you specifically mention this in your appeal and waiver request. The program was designed to address exactly these kinds of situations where honest mistakes or confusion led to overpayments. Also, request your complete claim file from ESD before your hearing. You have the right to see all the evidence they're using against you. This can be incredibly valuable for preparing your case.

You can request your claim file through your eServices account. There should be an option for records request or contact us. If you can't find it there, call the main ESD number and specifically ask for your complete claim file for the overpayment period. Make sure to do this ASAP as it can take 1-2 weeks to receive.