Need explanation of ESD Pandemic overpayment waiver options - totally lost
So I just got this scary notice from ESD saying I was overpaid about $7,890 in benefits from when I collected unemployment back during the pandemic. They're talking about this 'pandemic overpayment waiver' process but I have no clue what that means or if I qualify. Does this mean I don't have to pay back the money? Or do I still need to pay but on some kind of plan? The letter mentions something about 'no fault overpayment' but then also talks about penalties and interest if I don't respond by the deadline (which is in 2 weeks). Has anyone gone through this waiver process? What documentation do I need to provide? I'm completely confused and panicking because there's no way I can afford to pay back that much money right now.
16 comments
Everett Tutum
The pandemic overpayment waiver is specifically for people who received unemployment benefits during COVID but were later determined to have been overpaid through no fault of their own. ESD can waive repayment if you qualify. You need to submit the waiver application form and explain your financial hardship. They look at things like your current income, expenses, and whether repayment would cause significant financial burden. Don't panic - a lot of people got these notices. When you respond, make sure to include documentation of your current financial situation (income, rent/mortgage, utilities, medical expenses, etc). The key is showing that repaying would cause extreme hardship.
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Aria Khan
•Thank you so much! Do you know where I can find this waiver application? I looked on eServices but couldn't find anything specific about pandemic waivers. Also, do you know how long they typically take to make a decision?
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Sunny Wang
I WENT THRU THIS EXACT THING LAST MONTH!!!! They said I was overpaid $9,300 and I nearly had a heart attack. The pandemic waiver is actually pretty straightforward but ESD makes it confusing because they send the scary letter first. Basically if you got benefits during Covid and the overpayment wasn't because you committed fraud, you can ask them to forgive the debt. The form should have been included with your notice (last few pages) or they might have sent a separate letter with instructions. If not, call ESD and request the pandemic overpayment waiver application. DO NOT IGNORE THE DEADLINE - that's super important!!!!
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Hugh Intensity
•Did they approve your waiver? How long did it take? I'm stressing about this too
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Sunny Wang
•Yes, they did approve mine! Took about 5 weeks which was EXCRUCIATING waiting but worth it. Make sure you include ALL your financial docs - bank statements, bills, rent receipts, everything that shows you can't afford to pay it back. If you have any medical issues or dependents definitely mention that too. The more documentation the better.
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Effie Alexander
my cousin got one of these notices for $5,400 and just ignored it thinking it was a mistake. BIG MISTAKE!! they started garnishing his wages and put a lien on his bank account. dont be like my cousin lol. deal with it right away even if you think its wrong
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Melissa Lin
To clarify some misinformation in this thread: The pandemic overpayment waiver is available under specific circumstances, and you must demonstrate that: 1. The overpayment was not your fault (no misrepresentation or withholding of information) 2. Repayment would cause financial hardship 3. Recovery would be against equity and good conscience The form should be available on your eServices account under the "Upload a Document" section - look for "Pandemic Unemployment Payment Waiver Request" in the dropdown menu. You can also call ESD directly to request they mail you the form. If your request is denied, you still have the right to appeal within 30 days. Include all financial documentation showing hardship - income statements, bank statements, bills/expenses, etc. Be thorough and don't miss the deadline.
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Aria Khan
•Thank you for the clear information! I did check eServices and you're right - the form is there under "Upload a Document." I've started filling it out but I'm nervous about the "equity and good conscience" part. What exactly does that mean? Do I need to write some kind of statement explaining my situation?
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Melissa Lin
•Yes, you should definitely include a detailed statement. "Equity and good conscience" basically means it would be fundamentally unfair to make you repay. Explain how you used the benefits in good faith (paying essential bills, housing, food, etc.) and how repayment would negatively impact your life now (inability to meet basic needs, potential homelessness, medical care impacts, etc.). Be specific about your current financial situation and any hardships you're facing. The more detailed, the better your chances.
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Lydia Santiago
I tried calling ESD for weeks about my overpayment waiver and could never get through. The automated system kept disconnecting me after 2+ hours on hold. I finally used Claimyr (claimyr.com) to get connected to an actual ESD agent within 20 minutes. They helped me understand exactly what documentation I needed for my waiver and even noted in my account that I had called about it. Saved me so much stress! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with was super helpful and explained that since my overpayment was because of an ESD calculation error (which sounds similar to your situation), I had a good chance of getting the waiver approved as long as I submitted the proper documentation.
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Aria Khan
•Thanks for this tip! I've been trying to call them for days and keep getting disconnected. I'll check out that service if I can't get through by tomorrow. Did they explain how long the waiver decision process usually takes?
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Lydia Santiago
•The agent told me decisions typically take 4-6 weeks, but some are processed faster. She recommended checking your online account status weekly. Also important - make sure to keep records of EVERYTHING. Save confirmation numbers when you upload documents, take screenshots, etc. The agent helped me understand exactly what financial documents would strengthen my case.
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Romeo Quest
im going thru this right now too and its sooooo confusing... one thing nobody mentioned is that if your overpayment was because of an employer protest or appeal that happened way after you got the money, thats definitely eligible for the pandemic waiver. thats what happened to me - i got approved, got paid for months, then 8 months later my employer contested it and suddenly i "owed" everything back. the esd person i talked to said those cases are usually approved for waivers since it wasnt my fault the determination changed after the fact.
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Sunny Wang
Almost forgot to mention - if your waiver gets denied, don't give up! You can still request a payment plan. I know someone who got a 48-month payment plan with really low monthly payments. Not as good as a waiver but WAY better than having to pay it all back at once or getting your wages garnished!
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Everett Tutum
If you need some guidance on filling out the form, the Northwest Justice Project has a really helpful guide specific to ESD pandemic overpayment waivers. Just search "Northwest Justice Project ESD overpayment waiver guide" and it should come up. They walk through exactly what to include in each section and what documentation is most important. Also - be sure to check if you qualify for a "blanket waiver" which is different from the individual waiver process. In some specific situations, ESD is automatically waiving certain types of overpayments from the pandemic period. This includes cases where you were eligible under one program but should have been paid under a different program.
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Aria Khan
•I found that guide - it's incredibly helpful! After reading through everything, I think I might qualify for the blanket waiver since my overpayment notice mentions something about being paid under regular UI when I should have been under PUA. I'm going to call ESD (using that Claimyr service if I can't get through) to confirm if I'm eligible for the blanket waiver before I go through the whole individual application process. Thank you all for the help - feeling much less panicked now!
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