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Declan Ramirez

Washington ESD non fault overpayment - do you have to pay back unemployment benefits?

I just received a letter from Washington ESD saying I have a non-fault overpayment of $2,800 from my unemployment claim last year. The letter says it was their mistake in calculating my benefits but now they want me to pay it back anyway. This doesn't seem fair - if it was their error, why should I be responsible? Has anyone dealt with a non-fault overpayment before? Do I really have to pay this back or can I fight it somehow?

Unfortunately yes, you typically do have to pay back non-fault overpayments even when Washington ESD made the error. The law requires repayment regardless of who caused the mistake. However, you may be able to request a waiver if repaying would cause financial hardship.

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That's so unfair! How can they make me pay for their mistake? What kind of waiver are you talking about?

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I know it seems unfair, but you can apply for an overpayment waiver if repaying would prevent you from meeting basic living expenses. You'll need to submit financial documents showing your income and expenses.

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same thing happened to me last year, got a $1,900 non fault overpayment notice. tried calling Washington ESD dozens of times but could never get through to talk to anyone about it

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Did you end up having to pay it back? I've been trying to call too but the lines are always busy.

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yeah i'm still making payments on it. set up a payment plan through their website since i couldn't reach anyone by phone

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If you're having trouble reaching Washington ESD by phone about your overpayment, I recently discovered a service called Claimyr that helps people get through to unemployment agents. They handle the calling for you and connect you when an agent is available. Check out claimyr.com - they even have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Interesting, I hadn't heard of that service before. How much does it cost?

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I don't remember the exact cost but it was worth it for me since I was spending hours trying to call myself. Much easier than dealing with busy signals all day.

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sounds too good to be true tbh, how do you know its legit?

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Non-fault overpayments are different from fault overpayments. With fault overpayments you might face penalties, but non-fault just means you have to repay the amount without additional penalties. You should still request a waiver though - Washington ESD has to consider your financial situation.

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Where do I find the waiver application? Is it on their website somewhere?

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Yes, you can find the overpayment waiver request form on the Washington ESD website under forms and publications. You'll need to provide detailed financial information.

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this is exactly why i hate dealing with government agencies!!! they screw up and WE have to pay for it. its complete BS

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I feel the same way but unfortunately that's how the system works. At least with non-fault there's no interest or penalties.

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still ridiculous that they can claw back money months or years later for their own mistakes

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Had the same issue in 2023. Washington ESD initially denied my waiver request but I appealed and eventually got it approved. The key is showing that repayment would cause genuine financial hardship - provide bank statements, bills, everything.

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How long did the appeal process take? I'm worried this will drag on forever.

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About 3 months total from initial waiver request to final approval. Worth the wait though since I didn't have to repay the $3,200 overpayment.

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Make sure you understand exactly why they're claiming it's an overpayment. Sometimes Washington ESD makes mistakes in their calculations too. Request all the documentation they used to determine the overpayment amount.

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Good point. The letter was pretty vague about how they calculated it. Should I request this info before filing the waiver?

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Yes, get the calculation details first. Sometimes you can dispute the overpayment amount itself if their math is wrong.

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honestly i'd just ignore it and see what happens. what are they gonna do, garnish wages from a job i dont have? lol

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That's not good advice. Washington ESD can intercept tax refunds, garnish wages when you do get a job, and even put liens on property. Better to deal with it properly.

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ok fine but still seems unfair they can do all that for their own mistake

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I used Claimyr when I had an overpayment issue and needed to speak with someone at Washington ESD urgently. Saved me probably 20+ hours of calling. The agent I finally reached helped me understand my options and set up a reasonable payment plan.

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That sounds really helpful. I'm definitely going to look into that service since I can't get through on my own.

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I was skeptical about Claimyr at first but ended up trying it when I was desperate. Actually worked and I got connected to a Washington ESD agent within a few hours.

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The waiver process is worth trying but don't get your hopes up too much. Washington ESD approves waivers in only about 30% of cases from what I've heard. They're pretty strict about what constitutes financial hardship.

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That's discouraging but I guess I have to try. Better than just accepting it without fighting.

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Even if the waiver gets denied you can still set up a payment plan to make it more manageable. They'll work with you on that.

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Whatever you do, don't just ignore the overpayment notice. I made that mistake thinking it would go away and ended up with collection agencies calling me constantly. Deal with it upfront.

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Yikes, that sounds awful. I definitely don't want to deal with collection agencies on top of everything else.

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Yeah it was a nightmare. Washington ESD will send it to collections if you don't respond to their notices.

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Check if there's a statute of limitations on collecting unemployment overpayments in Washington. In some states they can only go back so far, but I'm not sure about Washington specifically.

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In Washington, there's generally no statute of limitations on collecting unemployment overpayments. They can pursue collection indefinitely.

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That's harsh but good to know. Thanks for the clarification.

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i'm going through the exact same thing right now with a $1,600 non fault overpayment. it's so stressful especially when you're already struggling financially. why do they wait so long to figure out their mistakes?

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Right? It's been over a year since I received those benefits and now suddenly they want them back. The timing is terrible.

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exactly! like if you're gonna make a mistake at least catch it quickly instead of letting people think they can keep the money

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Before paying anything back, make sure you understand the difference between recoverable and non-recoverable overpayments. Some overpayments can't legally be collected even if Washington ESD sends you a notice.

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How do I figure out which type mine is? The letter just says 'non-fault overpayment' but doesn't go into detail.

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You'd need to speak with a Washington ESD agent to get the specific details about your case. That's where services like Claimyr might help since getting through by phone is so difficult.

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Keep all your documentation from when you originally filed your claim. If Washington ESD made the error based on information you provided correctly, that might strengthen your waiver request.

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Good thinking. I still have all my paperwork from when I filed. I reported everything accurately so this really is their mistake.

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That should definitely help your case. Make copies of everything before you submit your waiver application.

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The worst part about these overpayment situations is how long it takes to resolve anything with Washington ESD. Everything moves at a snails pace.

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Tell me about it. I've been trying to get answers for weeks now and I'm no closer to understanding my options.

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That's exactly why I ended up using Claimyr. Sometimes you just need to talk to an actual person to get real answers instead of trying to figure it out from their confusing letters.

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