Laid off with existing ESD overpayment - will this block my new unemployment claim?
Just got laid off this morning - totally unexpected. My boss literally called me into the office and handed me a severance packet with zero warning. Here's my problem: I have an existing overpayment from ESD that I haven't finished paying back yet. It's about $2,800 from a claim I had in 2023 where they said I reported my hours wrong. I've been making monthly payments of $150 but nowhere near done. Does anyone know if this outstanding overpayment will prevent me from filing a new claim? Will they deny me completely or just take the payments out of my new benefits? I'm really stressed because my rent is due in 2 weeks and I wasn't prepared for this at all. Thanks for any help!
17 comments
Debra Bai
They won't deny your new claim because of the overpayment, but they will take a portion of your weekly benefits to pay down what you owe. When you file your new claim, ESD will set up an offset where they automatically deduct a percentage (usually 50% of your weekly benefit amount) until the overpayment is satisfied. Make sure you file your new claim immediately - don't wait! The sooner you get into the system, the sooner you'll start getting benefits. And make sure to explain your layoff situation clearly in your application.
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KaiEsmeralda
•Thank you!! That's a huge relief. Filing today for sure. Do you know if they'll take the full 50% even if I explain my situation with rent coming due? Or is there any way to negotiate a lower percentage taken out?
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Gabriel Freeman
same thing happened 2 me last year... they WILL approve u but take like half ur money each week. it suuuucks but better than nothing i guess
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KaiEsmeralda
•Ugh, half is a lot! Did you try to negotiate it down at all?
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Laura Lopez
THEY WILL TAKE IT ALL!!!! I had this exact situation and ESD took my ENTIRE benefit for weeks to pay back an overpayment I didn't even know about from 2 years ago. The system is RIGGED against us regular workers. They don't care if you can't pay your bills. And you'll never get through to them on the phone to explain your situation!!!!!
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Victoria Brown
•This isn't accurate information. ESD's standard policy is to recoup overpayments at 50% of your weekly benefit amount, not 100%. There are exceptions in cases of fraud, but that doesn't sound like the situation here. OP, you should definitely call ESD to discuss your specific situation - they may be able to work with you on the repayment terms based on financial hardship.
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Samuel Robinson
You definitely need to call ESD directly to discuss your specific situation. The standard offset is 50% but they can sometimes adjust this based on financial hardship. I was in a similar situation last year and managed to get them to reduce it to 25% after explaining my circumstances. Trying to reach ESD can be incredibly frustrating though - I spent days trying to get through. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual ESD agent within about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Totally worth it because I was able to negotiate my repayment terms right away instead of waiting weeks.
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Gabriel Freeman
•does that service actually work?? ive literally NEVER gotten thru to esd on the phone
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Samuel Robinson
•Yes, it worked for me! Got connected to an actual person who could help with my situation instead of just listening to the busy signal for hours.
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Camila Castillo
My cousin got laid off with an overpayment situation too and she just didn't file for unemployment again because she was scared they'd come after her. Bad idea! Don't do that! File your claim and just deal with the repayment.
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Victoria Brown
Here's what you need to know about overpayments and new claims: 1. Your new claim will be processed normally regardless of the overpayment 2. The standard offset is 50% of your weekly benefit amount 3. You can request a reduced percentage by demonstrating financial hardship 4. You must submit this request in writing through your eServices account or by calling 5. Include documentation of your essential expenses (rent/mortgage, utilities, etc.) 6. If approved, they can reduce the offset to as low as 10% in extreme cases Don't delay filing your claim. The overpayment won't affect your eligibility, just how your benefits are paid out. Make sure you're doing your three job search activities each week and documenting them properly.
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KaiEsmeralda
•This is incredibly helpful information, thank you! I'll definitely be requesting the reduced percentage and will gather my expense documentation today. Really appreciate the detailed steps.
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Brianna Muhammad
wait so did you say you got severance? if you got severance you have to report that and it might delay when your benefits start. i think you have to use up the severance first before unemployment kicks in? someone correct me if im wrong
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Victoria Brown
•You're partially correct. In Washington state, severance pay can affect unemployment benefits, but it depends on how it's paid out: - Lump sum severance usually doesn't delay benefits (but must be reported) - Continued regular payments that resemble your normal salary can delay benefits until they end OP should report any severance received when filing the initial claim and ESD will determine how it affects their specific situation.
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KaiEsmeralda
•Thanks for pointing this out - my severance is just 2 weeks of pay as a lump sum. I'll definitely report it when I file.
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Debra Bai
One more thing - make sure you appeal if they try to take more than 50% of your benefits for the overpayment. I've seen cases where the system automatically sets it higher but you have the right to request the standard 50% offset.
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KaiEsmeralda
•Good to know! I'll definitely watch for that and appeal if needed. Filing my claim now and will update with how it goes. Thanks everyone for the advice!
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