Washington ESD how to get back pay for unemployment benefits I missed

That's exactly what happened - I was told gig work made me ineligible but I guess that's not always true? Should I file online or call them?

File online first at esd.wa.gov to get your claim started. You'll explain the delay during the application process. Just being misinformed about eligibility can qualify as good cause.

Oh man the calling situation is terrible! I spent weeks trying to reach them about my backdated claim.

Actually I found this service called Claimyr that helped me get through to Washington ESD when I needed to discuss backdating my benefits. It's at claimyr.com and they basically call for you until they reach an agent. Way better than spending hours on hold. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

Interesting, never heard of that but sounds like it could save a lot of time and frustration

What kind of documentation do they usually want? I have my final paycheck stub and the layoff notice from HR.

That's perfect documentation. Also keep any emails or texts about the layoff, and be prepared to explain your work search efforts during the period you're trying to backdate.

Wait, you have to show job search for weeks you're backdating? That seems impossible if you weren't looking because you thought you didn't qualify.

Good point - Washington ESD may waive job search requirements for backdated weeks if your delay was due to misinformation about eligibility. But you should still document any job search activities you did during that time, even informal ones.

Ugh months? I really need this money sooner than that. Is there any way to speed up the process?

Not really, backdated claims go through extra review. But once approved, you get a lump sum for all the weeks you missed, so it's worth the wait if you qualify.

I'm in the same boat, been waiting 3 months for my backdate decision. So frustrating!

Oh no, I did get some temporary food assistance. Will that disqualify me completely?

Not necessarily disqualify, but you might have to repay the food assistance for overlapping weeks. Check with DSHS about how they handle this situation.

It depends on your situation. For backdating due to good cause (like being misinformed), they can go back up to one year from when you file. For simple mistakes in filing dates, it's usually limited to 4 weeks.

Thanks, that makes sense why I was hearing different numbers

Did you appeal the decision? That sounds like exactly the kind of misinformation that should qualify as good cause.

I thought about it but the appeal process looked complicated and I wasn't sure it was worth it

You should definitely appeal if you were given wrong information by your employer. I used Claimyr to get through to an agent when I had questions about my appeal - made the whole process much easier than trying to navigate it alone.

Once your backdate is approved, Washington ESD will typically release all the eligible weeks automatically. You don't have to file individual weekly claims for past weeks, but you do need to certify that you met the requirements for each week.

That's a relief, I was dreading having to file like 20 separate weekly claims

Good point, I hadn't thought about the tax implications. That could push me into a higher bracket

Exactly, and you can't spread it over multiple tax years even though the benefits were earned over several months

Yes, the same backdating rules apply to partial benefits. You'll need to show good cause for the delay and provide documentation of your reduced hours during the period you're claiming.

Thanks, that's helpful. My manager told me reduced hours didn't qualify for anything so I never applied

That would likely be a new benefit year if enough time passed and you earned sufficient wages in the interim. The backdating process would be the same - you'd need to show good cause for not filing immediately after the second layoff.

Ok that makes sense. I worked for 8 months between the two layoffs so it should qualify as a new claim

What kind of detailed records did they want? I barely looked for work during that time because I thought I couldn't get benefits

They wanted evidence that I was able and available for work each week, even if I wasn't actively searching. Things like being ready to accept work if offered, not being out of state, stuff like that.

Same experience here, the waiting with no communication is brutal

This is exactly why I started using Claimyr - getting through to check on claim status was impossible otherwise. The service handles all the calling and waiting, then connects you when they reach an agent. Saved me so much stress during my backdating process.

Wish I had known about that service when I was going through this process last year

That's encouraging! What evidence did you provide about the bad advice?

I had emails from the temp agency HR person saying temp workers don't get unemployment, plus I documented the conversation dates and who I spoke with. Washington ESD accepted that as proof I was reasonably relying on their guidance.

This gives me hope, I have similar documentation from my employer

Great advice, I was planning to wait until I had everything organized but you're right about getting the filing date locked in

Exactly, and Washington ESD can always ask for more information if they need it during the adjudication process

Thanks for the encouragement! I'm feeling much more confident about this now after reading everyone's experiences. It's crazy how much misinformation there is about unemployment eligibility - sounds like a lot of us were in the same boat. I'm going to start my application tonight and document everything I can remember about being told I wouldn't qualify. Hopefully I can get through this process without too much headache!

This is really helpful to hear! I'm in almost exactly the same situation - was doing gig work and got told it disqualified me from unemployment when I was laid off from my main job. It's encouraging to know that 8 months of back pay is possible. Did you have to provide a lot of documentation about your gig work income, or was it mainly about proving the misinformation you received? I'm worried about having to dig up all those old payment records from various platforms.

@efbaa3930fe3 That's such a relief to hear! I was worried about the documentation requirements too. For gig work income, I mainly had to show 1099s and summary reports from the platforms I used - didn't need every single transaction thankfully. The more important part was documenting the bad advice I received. I kept screenshots of emails from HR and wrote down details of phone conversations with dates and names. Washington ESD seemed more focused on proving I had legitimate reasons for not filing rather than micromanaging my gig work records. The key is showing you were acting reasonably based on the information you had at the time.

This is exactly what I needed to hear! I was doing Instacart and freelance writing when I got laid off from my main job, and my HR department basically said the same thing - that any gig income would mess up my unemployment eligibility. It's so frustrating how much bad information is out there about this stuff. I'm definitely going to start my application tonight and document everything I can remember about those conversations. Did you have any trouble proving the gig work income, or was it pretty straightforward with the 1099s and platform records?

@7da2c02b8adc Your story gives me so much hope! I was in almost the identical situation - doing gig work and got completely wrong information from my employer's HR department. It's shocking how widespread this misinformation is. I'm curious about one thing though - when you documented the conversations where you were told you wouldn't qualify, did you have to get anything in writing from your employer, or was your own written account of what was said sufficient for Washington ESD? I have some text messages but most of it was verbal conversations that I didn't think to document at the time.

@028f40c1dde5 My written account was actually sufficient! I created a detailed timeline of conversations including dates, who I spoke with, and what they told me. Washington ESD accepted this along with some follow-up emails I had with HR asking for "clarification" about my eligibility (which helped show I was genuinely confused). Even if you don't have everything in writing, document what you remember now - include names, approximate dates, and specific things that were said. The key is showing you were acting in good faith based on reasonable reliance on what you were told. Don't let the lack of perfect documentation stop you from filing - I've seen people succeed with less evidence than you might think!

This thread has been so helpful! I'm dealing with almost the exact same situation - got laid off 6 months ago while doing some freelance graphic design work, and my former boss convinced me that any side income would disqualify me from unemployment benefits. Reading all these success stories is giving me the confidence to finally file my claim. It's amazing how common this misinformation seems to be! I'm going to start gathering all my documentation tonight - I have some emails from my employer about the layoff and a few text messages where they mentioned the freelance work "issue." Thanks everyone for sharing your experiences, especially about the timeline expectations. Knowing it might take 3-4 months but that people are actually getting their back pay makes this feel much more manageable.

This is so encouraging to hear! I've been putting off filing for weeks because I was overwhelmed by the process, but your success story is exactly what I needed to hear. The fact that you got all 5 months approved despite the verbal conversations gives me hope - I'm in a very similar boat with mostly verbal misinformation from my employer about gig work disqualifying me. I'm going to file my initial claim tonight and start documenting everything I can remember. Thanks for the tip about not waiting for perfect documentation - I was definitely overthinking that part!

Wow, reading all these similar experiences is both frustrating and reassuring! It's incredible how widespread this misinformation about gig work and unemployment eligibility seems to be. I'm definitely feeling more confident about filing now after seeing so many success stories. The fact that you got back pay for 4 months even with mostly verbal conversations documented after the fact gives me a lot of hope. I'm going to follow your advice and file my initial claim tonight, then work on documenting everything I can remember about those conversations with my employer. It's such a relief to know that "reasonably relying on what you were told" is actually recognized as good cause by Washington ESD. Thanks for sharing your experience - it's exactly what I needed to hear to finally take action on this!

This gives me so much confidence to move forward! It's really reassuring to hear from someone who had almost the exact same experience with gig work misinformation. The fact that you got 6 months of back pay approved even with mostly verbal conversations documented after the fact is exactly what I needed to hear. I've been hesitating because I was worried my documentation wouldn't be strong enough, but clearly Washington ESD understands that people act reasonably based on what they're told by their employers. I'm going to file my claim tonight and start writing down everything I can remember about those HR conversations. Thank you for taking the time to share your success story - it's making a huge difference in my decision to pursue this!