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Isabella Costa

What happens if Washington ESD unemployment overpays you - worried about payback

I think Washington ESD might have overpaid me on my unemployment benefits and I'm really worried about what's going to happen. I was working part-time while collecting UI and I'm not sure if I reported my hours correctly every week. Some weeks I think I might have put down the wrong number of hours or forgot to report some small jobs I did. Now I'm scared they're going to want all the money back and I don't have it saved up. What actually happens when Washington ESD overpays someone? Do they make you pay it all back at once or can you set up a payment plan? Has anyone been through this before?

Washington ESD will send you an overpayment notice if they determine you received benefits you weren't entitled to. The notice will specify the amount, the reason for the overpayment, and your options. You have 30 days from the notice date to either pay it back or request an appeal hearing. If you don't respond, they'll start collecting through benefit offsets, tax refund intercepts, or wage garnishment.

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30 days doesn't seem like much time to come up with the money. Can you set up payment plans with them?

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Yes, you can request a payment plan. Call Washington ESD's overpayment division and explain your financial situation. They'll work with you on monthly payments if you can show you can't pay the full amount.

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This happened to me last year for about $2,800. I had reported my work hours wrong for like 6 weeks and didn't realize it until they sent the notice. Honestly, trying to reach someone at Washington ESD to discuss payment options was impossible - kept getting busy signals or disconnected after waiting on hold for hours.

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How did you finally get through to them? I'm dreading having to deal with their phone system.

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I ended up using this service called Claimyr that helps you get through to Washington ESD agents. Found it at claimyr.com - they have this demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Basically they handle the calling and waiting for you, then connect you when an agent picks up. Saved me hours of frustration.

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That sounds too good to be true. Did it actually work for getting your overpayment issue resolved?

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Before you panic, make sure you actually have an overpayment. Sometimes people think they made mistakes when they didn't. Go through your weekly claim history on your Washington ESD account and compare it to your actual work records. Look at each week where you worked and verify you reported the gross wages correctly, not just the hours.

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I've been looking through my records but some of the weeks are confusing. How do you know if you reported wages vs hours correctly?

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Washington ESD wants gross wages (before taxes) for the week you worked, not when you got paid. So if you worked Monday-Friday but got paid the following Monday, you report those wages for the week you actually worked. Hours don't matter as much as the dollar amount.

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ugh this is exactly what i'm worried about happening to me. i had a few random gig jobs while on unemployment and wasn't sure how to report them. some weeks i might have forgotten to report small amounts. how much do they usually want back?

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It depends on how much you were overpaid and for how many weeks. Could be a few hundred dollars or several thousand. The key is responding quickly if you get a notice rather than ignoring it.

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what if you can't afford to pay it back? do they really garnish wages?

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Yes, they can garnish up to 25% of your disposable income if you don't make payment arrangements. They'll also offset any future unemployment benefits and intercept tax refunds.

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The Washington ESD overpayment system is ruthless. They'll come after you for every penny plus interest and penalties. I've seen people get hit with overpayments from years ago that they had no idea about. The worst part is trying to get someone on the phone to explain what happened - their customer service is absolutely terrible.

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Interest and penalties too? This keeps getting worse. How much extra do they charge?

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They charge 1% per month on the unpaid balance, plus a 15% penalty if they determine it was fraud (which they're quick to claim). It adds up fast.

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You might want to consider getting help from a lawyer if it's a large amount. There are attorneys who specialize in unemployment overpayment cases and can help you appeal or negotiate. Don't just accept whatever Washington ESD tells you - sometimes their calculations are wrong.

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How do you know if it's worth getting a lawyer involved? What would be considered a large amount?

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I'd say anything over $5,000 or if they're claiming fraud. A lawyer can review your case and determine if Washington ESD made errors in their overpayment calculation. Sometimes they miscalculate wages or apply the wrong benefit amount.

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Just to follow up on my earlier comment about Claimyr - I was skeptical at first too, but it really did help me get through to Washington ESD's overpayment department. I was able to set up a payment plan for $150/month instead of having to pay the whole $2,800 at once. Sometimes you just need to talk to an actual person to work things out.

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How long did it take to get connected using that service?

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Usually within a few hours during business days. Way better than spending all day on hold myself. They text you when they're about to connect you to an agent.

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Thanks everyone for all the advice. I'm going to go through my records more carefully and see if I actually made mistakes. If I did, I'll try to call Washington ESD about a payment plan. Hopefully I can get through to someone without too much hassle.

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Good plan. And remember, if you do get an overpayment notice, don't ignore it. Even if you can't pay right away, responding shows good faith and gives you options.

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Definitely won't ignore it. This thread has been really helpful in knowing what to expect.

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One thing people don't realize is that you can request a waiver of the overpayment if it wasn't your fault. Like if Washington ESD gave you wrong information or their system had an error. It's rare but worth asking about if you have documentation.

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What kind of documentation would you need for something like that?

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Emails, letters, or call logs showing what information you were given. Screenshots of their website if there were confusing instructions. Anything that shows you followed their guidance.

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I work in HR and see this fairly often when employees get laid off. The biggest mistake people make is not keeping good records of their part-time work while collecting benefits. Always save your pay stubs and document exactly when you worked and how much you earned.

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I wish I had known that earlier. I did keep some records but not everything. Lesson learned for next time.

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It's not too late - gather whatever records you do have. Bank deposits, emails about work, anything that shows your actual earnings. It can help if there's a discrepancy.

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same thing happened to my brother except he waited too long to appeal and they started garnishing his wages. cost him way more in the long run because of the penalties and interest. definitely don't wait if you get a notice

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How much were they taking from his paychecks?

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like 25% of his take home pay every week. it was brutal, he could barely pay his bills

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The key is being proactive. If you think you might have an overpayment, contact Washington ESD before they contact you. It shows good faith and they might be more willing to work with you on repayment terms.

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That's a good point. Better to address it head-on rather than wait and worry.

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Exactly. And if you do owe money, paying it back quickly (even in installments) looks better than fighting it if you're clearly in the wrong.

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Has anyone tried using Claimyr for overpayment issues specifically? I'm dealing with a similar situation and can't get through to Washington ESD's overpayment department. Regular customer service keeps transferring me and I get disconnected.

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Yes, that's exactly what I used it for. You can specify that you need to reach the overpayment department when you set up the call. They know which numbers to try.

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Thanks, I'll check it out. This is so stressful trying to resolve on my own.

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Just remember that Washington ESD has to prove you were overpaid. If their records are wrong or incomplete, you can challenge it. Don't just assume they're right because they sent you a notice.

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How would you go about challenging their calculation?

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Request a hearing and bring all your documentation. Pay stubs, bank records, work schedules - anything that shows what you actually earned versus what they think you earned.

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The worst part about overpayments is they can come up years later. I thought I was in the clear and then got a notice about benefits from 2022. Apparently there's no statute of limitations on this stuff.

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Years later? That's terrifying. How are you supposed to have records from that long ago?

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That's part of the problem. I didn't have all my records anymore and had to reconstruct everything from bank statements and old emails.

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If you can't afford a lawyer but the amount is significant, some legal aid organizations help with unemployment issues. Worth looking into if you're dealing with a large overpayment or fraud allegations.

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Good to know. Hopefully it won't come to that but I'll keep it in mind.

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Another option is requesting a compromise settlement if you owe a lot. Washington ESD sometimes accepts less than the full amount if you can show financial hardship. Not common but worth asking about.

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How do you request something like that? Is there a specific form?

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You'd need to call their overpayment department and ask about compromise options. They'll want to see your financial information to determine if you qualify.

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The important thing is not to panic. Overpayments are more common than people think and Washington ESD deals with them all the time. As long as you're honest and work with them, they'll usually find a solution that works.

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Thanks, that's reassuring. I was really worried I'd be in legal trouble or something.

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Only if they think you committed fraud intentionally. Honest mistakes happen and they know that. The key is addressing it promptly when you find out.

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One last tip - if you do owe money, ask about having it offset against any future benefits rather than paying cash. If you end up unemployed again, they can just reduce your weekly benefit amount instead of you having to make separate payments.

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That's actually a pretty good option. Better than having a monthly payment hanging over your head.

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Right, and it ensures the debt gets paid without you having to worry about missing payments and facing additional penalties.

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This whole thread has been really helpful. I had no idea there were so many options for dealing with overpayments. Thanks to everyone who shared their experiences and advice.

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Agreed! I feel much better prepared now if I do end up getting an overpayment notice. At least I know what steps to take.

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I went through this exact situation about 6 months ago. Washington ESD sent me an overpayment notice for $3,200 because I miscalculated my part-time earnings during several weeks. The notice was pretty scary at first, but I called them right away and was able to set up a $200/month payment plan. The key things I learned: 1) Don't ignore the notice - you have 30 days to respond, 2) Be honest about your financial situation when you call, 3) Keep all documentation from your conversations with them. It took about 3 months to get through on the phone (their system is terrible), but once I talked to someone they were actually reasonable to work with. The monthly payments are manageable and I should have it paid off by next year. The stress was way worse than the actual process.

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This is really helpful to hear from someone who actually went through it recently. Three months to get through on the phone sounds awful though - did you try calling at specific times of day or just keep trying randomly?

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@Zoe Papanikolaou Thanks for sharing your experience! That s'really reassuring to hear it worked out okay in the end. Did you have to pay any interest or penalties on top of the $3,200, or was that the total amount they wanted back?

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@Zoe Papanikolaou I m'so glad to hear it worked out for you! $200/month sounds way more manageable than having to pay $3,200 all at once. I m'still going through my records to see if I actually made mistakes, but knowing that Washington ESD was reasonable about payment plans makes me feel a lot less anxious about this whole situation. Did they require any proof of your financial situation when you set up the payment plan, or did they just take your word for it?

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