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Stuck in ESD overpayment waiver limbo for 2 YEARS - escalation help needed!

I'm at my wits' end dealing with ESD's ridiculous waiting times. I filed for an overpayment waiver back in January 2023 (over 2 years ago!) after they claimed I owed $7,250 due to their mistake in calculating my eligibility. I've called countless times, submitted all requested documentation through eServices, and even sent physical mail with delivery confirmation. Every time I call, I get the same scripted response: "Your waiver is still under review." TWO YEARS for a yes or no answer?? My credit is destroyed, I've had wages garnished, and they're threatening to take my tax refund next. I've tried speaking to supervisors but they refuse to escalate. Has anyone successfully pushed an overpayment waiver through this ridiculous system? Who can actually help escalate this beyond the standard customer service reps? I'm desperate at this point.

same thing happnd to me but it was for 18 months not 2 yrs. what FINALLY worked was contacting my state representative. they have special liasons who can cut through the ESD bs. look up who represents your district and email their office explaining exactly what u wrote here. my waiver got approved 3 weeks after i did that after being stuck forever

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Thanks for the suggestion! I didn't even think about contacting my state rep. Did you just email them through their website or did you call their office? Did they ask for any specific information to help with your case?

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i emailed thru the website but then they called me. had to give them my claim ID number and birthdate so they could verify with ESD. the rep's office had me sign a release form too. honestly it was super easy and i wish id done it sooner

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Your situation is definitely frustrating, but there are a few specific escalation paths you can try:\n\n1. Contact the Office of Administrative Hearings (OAH) directly to request an expedited review of your case. Their number is 360-407-2700, and they have authority over ESD decisions.\n\n2. File a formal complaint with the ESD Commissioner's Office at 360-902-9500. Be sure to mention the 2-year timeline as this violates their own processing standards.\n\n3. The Office of the Washington State Attorney General has an online complaint form specifically for government agencies failing to perform required duties.\n\n4. Request a \

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Thank you so much for this detailed information! I had no idea there was an OAH I could contact directly. I'll try the \

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Just wanted to jump in and say that the OAH route worked for me last year when I had a different issue (denial of benefits that sat in appeals forever). Once I contacted them directly, things started moving. Document EVERYTHING though - dates, times, who you talked to, confirmation numbers. It really helps when you need to prove how long this has been going on.

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call ur congressman too not just state rep they can help with federal tax offset even if the debt is state level

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That's a good idea, especially since they're threatening my federal tax refund. I'll look up my congressional rep too.

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This is CLASSIC ESD incompetence!!! They're hoping you'll just give up and pay. I waited 14 months for my waiver review and then they \

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While I understand your frustration, I want to clarify that in Washington state, you must have consent from both parties to legally record a phone conversation. Instead of recording, I recommend taking detailed notes of each call with date, time, representative name, and what was discussed. This documentation is still useful if you need to escalate your case.

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WRONG!!! You just have to TELL them you're recording, which counts as asking for consent. If they continue the call after being told, that's IMPLIED CONSENT. I've done this multiple times and suddenly they transfer you to someone who can actually help instead of reading from scripts!!

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I've been trying to reach ESD for weeks about my overpayment issue too! Their phone lines are impossible - either busy signals or disconnects after waiting an hour. I recently used a service called Claimyr (claimyr.com) that got me through to an actual ESD agent after months of trying. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nI was skeptical at first, but it actually worked. The agent I spoke with was able to add notes to my file about the hardship this overpayment is causing and flagged it for review. Not sure if it will speed things up to 90 days like it should be, but at least I'm not getting automated messages anymore.

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Thanks for sharing this. I've actually heard about Claimyr from someone else but wasn't sure if it was legitimate. At this point, I'm willing to try anything that might get me to an actual decision-maker instead of the frontline staff who just read scripts. I'll check out that video.

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claimyr worked 4 me too when i needed 2 fix my address in the system + they couldnt verify my identity. got thru in like 20 min after trying for weeks

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I'm an unemployment advocate who works with these cases regularly. For overpayment waivers that are significantly delayed (and 2 years is absolutely unacceptable), here's the escalation process I recommend to my clients:\n\n1. First, submit a formal complaint through the ESD website specifically using the phrase \

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This is incredibly helpful, thank you! I've never heard of the Governor's Office of Constituent Services before. I'm definitely experiencing financial hardship from this - they've already garnished wages and it's affected my ability to pay rent. How exactly do I request the temporary stay on collections? Do I submit that through eServices or is there a specific form?

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For the temporary stay on collections, you need to submit a hardship letter through your eServices account under

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After dealing with ESD for years, I found that persistence is key. I called every Monday morning right when they opened at 8am (less wait time) for 5 weeks straight about my overpayment issue. Eventually I got someone who actually looked into it instead of just reading notes. Turns out my waiver had been approved months earlier but nobody updated the system! The collections letters were still going out automatically even though I didn't owe anything anymore. \n\nDon't give up and don't assume that what one rep tells you is accurate. Keep pushing and asking to speak to tier 2 support specialists who have more access to review case details.

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That's infuriating but also gives me hope. I'm worried the same thing might be happening in my case - that maybe a decision was made but not properly recorded. I'll try the Monday morning strategy. Did you ask for a tier 2 specialist specifically by that title?

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Yes, specifically ask for a \

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This happened to my cousin and he just gave up and started making payments cuz they were gonna garnish his wages anyway. ESD is such a joke sometimes.

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I'm trying not to give up because I really believe this overpayment wasn't my fault - they miscalculated my eligibility after telling me I qualified. But it's so exhausting fighting this system for years.

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