WARNING: ESD unemployment overpayment waivers not stopping IRS tax refund garnishment
Just a heads up to anyone with ESD overpayment issues - even if you've been approved for a waiver, the IRS might still take your tax refund! We filed our taxes last week and just got notification that they took almost $4,800 from my husband's refund to pay an ESD overpayment from 2023. The crazy thing is we already got approved for a financial hardship waiver in January! We have the approval letter and everything. Has this happened to anyone else? What do we do now? Do we have to contact ESD or the IRS to get our money back? I'm freaking out because we were counting on that refund to catch up on bills.
18 comments
Ellie Perry
omg this happened to my cousin too!! she had her overpayment waiver approved in december and they STILL took her refund in february. i think its because ESD and the IRS dont talk to eachother fast enough. so unfair!!
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Mohamed Anderson
•Did she ever get her money back? I'm so stressed about this. We have the approval letter that specifically says we don't have to repay anything!
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Landon Morgan
Unfortunately, this is a timing issue that happens quite often. When ESD approves an overpayment waiver, it takes time for them to update the Treasury Offset Program (TOP) database that the IRS uses for refund garnishment. You need to contact ESD immediately with your waiver approval documentation and request they issue a refund for the garnished amount. Make sure to mention that you had an approved hardship waiver prior to the tax offset. They should be able to verify this and process a refund, but it typically takes 4-6 weeks.
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Mohamed Anderson
•Thank you so much for the information! Do you know the best way to contact them? I've been trying to call for 2 days but can't get through.
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Teresa Boyd
I work with ESD cases regularly, and I can confirm that this happens more often than you'd think. The system is supposed to remove your debt from TOP within 30 days of waiver approval, but there are often delays or administrative errors. Here's what you should do: 1. First, get a copy of your Account Detail from ESD's website showing the waiver approval 2. Call ESD's collections unit directly at 888-555-4636 (not the regular claims number) 3. Email a copy of your waiver approval to overpayments@esd.wa.gov with subject line "Tax refund offset after waiver approval" 4. File Form 483-B Request for Refund of Offset Amount (you can download this from the ESD website) If you don't hear back within 10 business days, request a formal determination that you can appeal if needed.
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Mohamed Anderson
•This is incredibly helpful, thank you! I'll gather all those documents today and try calling that number. Do you know what their hours are?
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Lourdes Fox
This is TYPICAL ESD nonsense!! They APPROVED your waiver then took the money ANYWAY! I had a similar issue last year with a so-called "approved" waiver and it took me FIVE MONTHS to get my money back! The right hand never knows what the left is doing over there!!!!
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Bruno Simmons
•Five months? That's ridiculous! Did you just have to keep calling them or was there something specific that finally worked? I'm dealing with a smaller overpayment issue but I'm worried about my tax refund now.
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Aileen Rodriguez
i had this same exact issue happen to me in 2024. ugh. so frustrating. i tried calling the esd number literally 50+ times and couldnt get through. finally i used claimyr.com to get through to an esd agent. they helped me fast track my refund request after verifying my waiver was already in the system. took about 3 weeks to get my money back. they have a demo video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3
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Mohamed Anderson
•Thank you for sharing that! I'm going to try the direct collections number first, but if I can't get through I'll definitely check that out. 3 weeks is better than 5 months!
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Zane Gray
When did you get your waiver approval exactly? I just got mine approved two weeks ago and now I'm worried about our tax refund. We haven't filed yet but were planning to this weekend. Should we wait?
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Landon Morgan
•If your waiver was approved recently, it's probably better to wait at least 30-45 days before filing your taxes. This gives the waiver approval time to update in the Treasury Offset Program database. However, if you need to file soon due to the deadline, go ahead and file but be prepared that you might need to request a refund of any offset amount afterward.
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Bruno Simmons
This seems to be happening to lots of people this year. I spoke with an ESD representative last week about a different issue, and they mentioned they're dealing with a backlog of tax offset corrections for people with approved waivers. They said the best thing to do is to email overpayments@esd.wa.gov with your documentation and explicitly request a refund of the offset amount. Follow up with a phone call after sending the email. Be persistent!
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Mohamed Anderson
•I sent the email yesterday with all my documentation and I've been trying to call all morning. Still no luck getting through. Did the representative mention how long these refunds are typically taking right now?
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Maggie Martinez
my freind had this same problem but with L&I not ESD i think all the state agencys dont talk to eachother lol. she got her money back after like 2 months. good luck!!
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Lourdes Fox
•L&I and ESD both terrible! But at least your friend got her money back. Some people never see a dime after the government wrongfully takes it!
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Teresa Boyd
Just to follow up on this thread: I checked with a colleague at ESD today about the current timing. For refunds of tax offsets when there's an approved waiver, they're currently processing these in about 4 weeks if you provide all the documentation correctly. Make sure you've submitted the Form 483-B specifically, as this initiates the refund process in their system. Without this form, your case might get delayed even if you've called and emailed.
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Mohamed Anderson
•Thank you for checking! I finally got through to someone yesterday and they confirmed they received my Form 483-B. They said it would take 3-5 weeks to process. I'm just glad there's a path to getting our money back. I'll update here when we get it!
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