Washington ESD overpayment notice after pandemic benefits - do I have to pay back unemployment during covid-19 period?

Unfortunately yes, if Washington ESD determined you received benefits you weren't entitled to, you'll need to repay them regardless of when you received them. The pandemic didn't change the basic eligibility rules for regular unemployment insurance. However, you have the right to appeal this determination within 30 days of the notice date. I'd recommend gathering all your documentation from 2021 - pay stubs, work schedules, any correspondence with ESD.

This happened to my brother too! He got an overpayment notice for like $3,200 from benefits he got in 2020-2021. He tried calling Washington ESD for months to understand why but could never get through to anyone who could explain it properly.

The most common reason for overpayments from that time period is unreported or incorrectly reported part-time work. When you returned to work part-time in summer 2021, did you report those earnings on your weekly claims? Even small amounts need to be reported, and the timing of when you report them matters too.

WAIT - they can just decide years later that you owe money back?? This seems totally unfair. How are people supposed to keep that money available for years just in case? I thought once you got the benefits that was it!

I work in unemployment law and see these cases regularly. The pandemic created a lot of confusion about reporting requirements, and now we're seeing the fallout as ESD reviews old claims. Your best bet is to request an appeal hearing and bring all your documentation. Many of these overpayments get reduced or eliminated once someone actually reviews the case properly.

Same thing happened to me except mine was for $1,600. I spent 3 months trying to reach someone at ESD who could explain the overpayment calculation. Finally got through using Claimyr and found out it was a computer error - they had processed my work separation incorrectly. Got the whole thing reversed.

Just want to point out that even if you do owe the money, ESD offers payment plans. Don't panic about having to pay $2,800 all at once. They'd rather get some money over time than nothing at all if you can't afford a lump sum.

This is why the system is broken. They give you money when you're desperate, then years later decide you owe it back. Meanwhile good luck getting anyone on the phone to explain WHY you owe it. It's designed to screw over working people.

Had a similar issue last year. The key thing is don't ignore it thinking it will go away. ESD can take the money from your tax refunds, garnish wages, all sorts of things. But if you appeal and show good faith effort to resolve it, they're usually reasonable.

Question - when you were working part-time, were you still certifying for benefits every week? Sometimes people think if they're working they don't need to file but you have to keep filing to report the earnings.

I'm an unemployment advocate and I've seen dozens of these cases. About 40% of overpayment determinations get overturned or reduced on appeal. The system makes a lot of mistakes, especially with part-time earnings calculations. Don't assume they're right just because they sent you a bill.

Whatever you do, don't wait until the last minute to appeal. I missed my deadline by 2 days and had to jump through hoops to get a late appeal accepted. File it as soon as possible.

Have you checked your ESD account online to see if there are any details about why they think you were overpaid? Sometimes there are notes or explanations in your claim history.

One more thought - if you win your appeal, make sure they also remove any fraud flags from your account. Sometimes overpayment determinations come with accusations of intentional misreporting that can affect future claims.

I used to work at ESD and I can tell you that the 2020-2021 period was chaos. So many system changes and staff turnover. Lots of claims got processed incorrectly. Your case sounds like it could be one of those situations.

Just want to add that if you can't afford to pay back the overpayment, there are sometimes hardship waivers available. Don't assume you're stuck with the full amount even if they uphold the overpayment determination.

This thread is making me nervous about my own benefits from 2021. Should I be expecting a similar notice? I also worked part-time while collecting.

OP, I just wanted to say good luck with your appeal. This stuff is stressful but you seem to have done things correctly. Hope it works out in your favor.