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Aisha Patel

My unemployment appeal was reversed now what - Washington ESD next steps?

I just got word that my unemployment appeal decision was reversed by Washington ESD. Originally they denied my claim saying I quit voluntarily, I appealed and won at the hearing level, but now they've reversed that decision. I'm completely lost on what happens next. Do I have to pay back the benefits I already received? Can I appeal this reversal? I've been collecting for about 6 weeks since the hearing decision. Really stressed about this situation.

When you say 'reversed' do you mean Washington ESD appealed the hearing decision to the Board of Appeals? Or did they just send you a new determination? The process depends on which level reversed your case.

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I think it went to the Board of Appeals automatically? The letter mentions something about a Board review. I'm not sure if I requested that or if Washington ESD did.

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Okay that makes sense. Either party can appeal a hearing decision to the Board of Appeals within 30 days. The Board can reverse, affirm, or modify the hearing decision.

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This exact thing happened to me last year. Won my hearing, collected benefits for about 2 months, then the Board of Appeals reversed it. I had to pay everything back plus penalties. You should have gotten an overpayment notice by now if that's the case.

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How much were the penalties? I'm already worried about paying back the $2,800 I received, let alone additional fees.

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The penalty was 15% of the overpayment amount, so for me it was about $400 extra on top of the $2,600 I had to repay.

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That's brutal. I've been trying to reach Washington ESD for weeks about my similar situation but can never get through on the phone.

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You still have options. You can appeal the Board of Appeals decision to Superior Court within 30 days of the mailing date. However, you'll need to consider if it's worth the legal costs versus just accepting the decision.

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How much does it typically cost to appeal to Superior Court? I can't afford a lawyer right now.

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You can represent yourself, but there are court filing fees (around $200-300). You'd also need to be very familiar with legal procedures and unemployment law.

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Before you decide on Superior Court, I'd recommend calling Washington ESD to understand exactly why the Board reversed the hearing decision. Sometimes there are procedural issues that can be addressed. I used Claimyr.com to get through to an actual agent when I couldn't reach them normally - they have a video showing how it works at https://youtu.be/7DieNd3C7zQ

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Never heard of Claimyr before. Does it actually work for getting through to Washington ESD?

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Yeah it worked for me. Saved me hours of trying to call. The agent was able to explain the exact reasoning behind my case decision.

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I'm skeptical of any service that charges to help with government benefits, but I guess if you're desperate enough...

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The Board of Appeals reversal should include their reasoning in the decision letter. Common reasons include: new evidence that wasn't presented at the hearing, legal errors in the hearing decision, or finding that the Administrative Law Judge misapplied the law.

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I need to read through the decision more carefully. It's pretty technical language and hard to understand.

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Yeah those Board decisions are written like legal briefs. Very confusing for regular people.

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This is why the unemployment system is so messed up. You win, then you lose, then you owe money you already spent. It's like they set it up to confuse people on purpose.

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I feel you. The whole process is designed to wear people down so they give up on their claims.

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That's exactly how I feel right now. Like I should just give up and figure out how to pay it back.

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Don't give up yet. Read the Board decision carefully and see if their reasoning makes sense. Sometimes they make errors too. If you believe the decision is wrong, you do have that 30-day window to appeal to Superior Court.

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What happens if I just ignore the overpayment notice? Can they garnish wages or tax refunds?

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Yes, Washington ESD can collect through wage garnishment, tax refund intercepts, and even placing liens on property. Better to address it head-on.

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I went through something similar and ended up setting up a payment plan with Washington ESD. They were actually pretty reasonable about monthly payments once I talked to someone who could help.

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How did you get through to someone? Every time I call I get hung up on after waiting forever.

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It took forever but I kept trying different times of day. Early morning seemed to work best for me.

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I had better luck using that Claimyr service someone mentioned earlier. Got through same day instead of weeks of trying.

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One thing to consider - if the Board found you were not eligible, you might also be disqualified from future unemployment benefits until you've worked enough to requalify. Make sure you understand all the consequences.

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Oh no, I didn't even think about that. How much do I need to work to requalify?

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Usually it's about 6 times your weekly benefit amount in new wages, but it depends on the specific disqualification reason.

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The most important thing right now is to stop your weekly claims if you're still filing them. You don't want to rack up more overpayment while this is being sorted out.

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Good point. I filed this week before I got the reversal notice. Should I contact them about that?

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Definitely. They'll probably deny that claim anyway, but it's better to be proactive about stopping the claims.

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Just went through this exact situation last month. The hardest part was getting accurate information from Washington ESD about my options. Ended up using Claimyr to reach an agent who walked me through everything including appeal deadlines.

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What did you decide to do? Appeal to Superior Court or just accept the decision?

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I accepted it and set up a payment plan. The legal costs weren't worth it for my situation, but yours might be different depending on the amount involved.

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Check if you have any grounds for a Superior Court appeal. Sometimes the Board makes procedural errors or misinterprets the law. You'd need to review the hearing transcript and Board decision very carefully.

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I don't even know how to get the hearing transcript. Is that something I have to request?

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You should have received a copy with the Board decision, but if not, you can request it from the Office of Administrative Hearings.

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whatever you do dont just ignore it like i did. they took my whole tax refund last year and i didnt even know they could do that until it was gone

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That's terrifying. How much did they take?

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like $1800 which was supposed to pay for my car repairs. now im stuck with no car and still owe them more money

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The 30-day deadline for Superior Court appeal is firm - no extensions. If you're considering it, don't wait. Get legal advice quickly even if you can't afford to hire an attorney for the whole case.

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Are there any free legal aid services that help with unemployment appeals?

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Some legal aid organizations do help with unemployment cases, but they're usually overloaded. Try contacting Northwest Justice Project or your local legal aid office.

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I'm dealing with a Board appeal right now too. These cases seem to be taking forever lately. Mine has been pending for 4 months already.

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4 months? That's crazy. Are you still collecting benefits while it's pending?

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No, benefits stopped as soon as Washington ESD appealed the hearing decision to the Board. That's probably what happened in your case too initially.

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The key thing to remember is that Board of Appeals decisions are based solely on the law and evidence from the hearing. They don't consider new evidence unless there are very specific circumstances.

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So there's no point in trying to submit additional documentation now?

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Not to the Board - their decision is final unless you appeal to Superior Court. But additional evidence might be relevant for a court appeal.

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If you do end up owing the overpayment, make sure to request a waiver if you believe you weren't at fault for the overpayment. Washington ESD sometimes grants waivers in cases where the claimant reasonably relied on their initial determination.

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How do I request a waiver? Is there a specific form?

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There should be information about waiver requests in your overpayment notice, or you can call Washington ESD to request the waiver application.

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This is exactly the kind of question where using Claimyr to get through to an agent would be helpful - they can explain the waiver process and requirements.

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Bottom line: you have 30 days from the Board decision date to appeal to Superior Court if you want to fight it. Otherwise, you'll need to work with Washington ESD on repayment options and potential waivers.

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Thanks everyone for all the advice. I think I need to talk to an agent first to understand exactly what my options are before deciding whether to appeal to court.

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Smart approach. Getting clarity from Washington ESD first will help you make an informed decision about whether a court appeal is worth pursuing.

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