Stuck with ESD overpayment but can't pay due to pending claim issue - what options do I have?
I'm in a really frustrating situation with ESD right now. I lost my job about a month ago (company downsizing) and filed for unemployment immediately. But my claim has this 'pending issue' status that won't resolve, so I haven't received any benefits yet. Meanwhile, I apparently have an overpayment from 2 years ago that I didn't even know about until now - they're saying I owe $2,850! How am I supposed to pay this back when I have no income and can't even get my current benefits approved? Has anyone dealt with something like this? Are there any payment plans or hardship waivers I could apply for? My savings are almost gone and rent is due next week... I'm seriously stressing out here.
18 comments
Grace Lee
Hey there, I've been through something similar with ESD overpayments. First, for your current claim with the pending issue - have you been able to see what the specific issue is in your eServices account? Sometimes it tells you what documentation they need. Regarding the overpayment, you definitely have options: 1. You can request a payment plan. They're usually pretty reasonable with monthly amounts. 2. You can apply for a waiver if the overpayment wasn't your fault AND repayment would cause financial hardship (sounds like it would). 3. If you disagree with the overpayment, you can appeal it within 30 days of receiving the notice. The waiver form is available on the ESD website under "Overpayment Waiver Application." I'd recommend filling that out ASAP while also trying to resolve your current claim issue.
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William Rivera
•Thanks for this info. I've checked eServices multiple times but it just says "pending adjudication" with no details about what they need. I've uploaded all my termination paperwork already. The overpayment notice says something about "failure to report earnings" back in 2023, but I swear I reported everything correctly! I'll look for that waiver application right now. Do you know how long waivers typically take to process?
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Mia Roberts
OMG they did the EXACT same thing to me last year!!!!! I had a claim stuck for WEEKS and then they hit me with an overpayment from like 18 months before that. Its like they PURPOSELY wait till your broke to tell you about these things!!!! I tried calling everyday for 2 weeks and could NEVER get through. The phone system is a JOKE.
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The Boss
•I feel this so much. Been trying to reach someone about my claim for days. How did yours eventually get resolved?
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Evan Kalinowski
For your pending issue, you really need to speak with an ESD agent directly. The online system won't tell you much about adjudication issues, and they can drag on for weeks without intervention. I was in a similar situation and finally got through to an agent using Claimyr (claimyr.com). They have a system that gets you connected to ESD without spending hours on hold. There's a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I actually spoke with an agent, they explained exactly what was causing the hold-up on my claim and what I needed to submit to clear it. Sometimes it's just one missing document or a box that wasn't checked correctly. The agent can also tell you more about your overpayment situation at the same time - they might even be able to set up a payment plan for you on the spot.
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William Rivera
•I've never heard of Claimyr before, but at this point I'm willing to try anything. The ESD phone system is absolutely maddening - I spent 4 hours on hold yesterday before getting disconnected. Did they help you figure out exactly what documentation was missing for your claim? That seems to be my biggest issue right now.
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Evan Kalinowski
Yes, they did! In my case, it turned out my employer had reported different dates for my last day of work than what I had entered. The adjudicator needed verification of the correct date. Once I got through to an agent, they saw this discrepancy immediately and told me exactly what to upload to resolve it. My claim was approved within 3 days after that call. They also explained my rights regarding the overpayment. If your overpayment wasn't due to fraud (and it sounds like yours might have been an honest mistake or misunderstanding), you have several options including setting up a payment plan or requesting a waiver.
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Victoria Charity
•not to jump in but i had a simlar problem and it was cuz my boss put down i quit when i was laid off. took forEVER to fix. make sure u check what reason they have for ur separation
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Jasmine Quinn
I went through an overpayment situation back in 2023 and managed to get a waiver approved. The key things they look at are: 1) Was the overpayment your fault? and 2) Would repayment cause financial hardship? For the first part, if there was genuine confusion or a mistake in reporting (not intentional fraud), you have a good case. For the second part, being unemployed with a pending claim is definitely a hardship! Make sure to be VERY detailed in your hardship explanation - list all your bills, any dependents, your depleted savings, etc. I included copies of my bank statements showing how little I had left, utility bills, and my rent agreement. But focus on getting your current claim sorted first because that'll help your immediate situation. The overpayment can be dealt with once you have some income coming in.
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William Rivera
•This is really helpful, thank you! Did you submit your waiver online or by mail? And how long did it take for them to make a decision? I'm definitely going to emphasize the hardship angle since I literally have no income right now.
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Jasmine Quinn
I submitted mine through the online portal, but also mailed in copies of all my supporting documents (just to be safe). It took about 4 weeks for them to process it and grant the waiver. While you're waiting, they should put any collections attempts on hold. One other thing - if you need emergency assistance while your claim is pending, consider applying for the Disaster Cash Assistance Program (DCAP) or contacting your local DSHS office about emergency assistance. Food banks can also help in the meantime.
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Oscar Murphy
•Quick note on DCAP - that program was specifically for COVID assistance and isn't available anymore as far as I know. But regular emergency assistance through DSHS is still an option! Also worth checking with local churches and community action agencies for rent assistance programs.
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Nora Bennett
just letting u know that overpayment collections can take FOREVER!!!!!!! got hit with a $1700 one in 2024 and i ignored it and nothing happened for like 6 months then they started taking money from my tax return. so u might have some time to figure it out. but ya payment plan is probs ur best bet. good luck!!!
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Grace Lee
•I wouldn't recommend ignoring an overpayment notice. While they might not immediately take action, ESD can eventually: - Garnish wages once you're employed again - Take tax refunds as you experienced - Add interest and penalties - Send it to collections which impacts your credit score It's much better to address it proactively with a payment plan or waiver request.
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William Rivera
UPDATE: I finally got through to someone at ESD today! Turns out my adjudication issue was because my former employer contested my claim saying I was fired for misconduct (completely untrue - it was a documented layoff). The agent helped me submit the proper documentation to prove it was a reduction in workforce. Regarding the overpayment, I've submitted a waiver request with all the financial hardship documentation you guys suggested. The agent said they can put a temporary hold on collections while they review it. Seriously, thank you all for the advice. This has been so stressful, but I feel like I'm finally making progress. Will update again when I hear back about either issue.
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Grace Lee
•That's great news! Employer contestation is a common reason for adjudication delays. Since you have documentation proving it was a layoff, you should be in good shape. The fact that they're putting a hold on the overpayment collection is also very positive. Keep documenting everything and follow up regularly on both issues. Fingers crossed for you!
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The Boss
in the same boat rn...cant get anyone on the phone and my landlord is NOT understanding at all. how did u finally get thru to someone? been trying for 2 weeks straight
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William Rivera
•I used that Claimyr service someone mentioned above. Normally I wouldn't pay for something like that, but I was desperate. Got connected to an actual person at ESD within about 20 minutes. Worth it just for the stress relief of not getting disconnected after waiting for hours!
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