Will ESD collect pandemic overpayments from my tax refund?
I just got a letter from ESD saying I owe $5,750 for pandemic unemployment benefits from 2020-2021. They're claiming I didn't qualify for some reason, even though I was definitely laid off when my restaurant closed. I can't afford to pay this back right now! I'm worried they're going to take my tax refund next year. Does anyone know if ESD/UI overpayments get collected from tax refunds? And is there any kind of forgiveness program for pandemic overpayments or am I just stuck with this debt forever? I'm seriously freaking out over this.
16 comments
Maria Gonzalez
Yes, they can and will take your tax refund. ESD partners with the Department of Revenue for collections on overpayments. I had a $2,100 overpayment from 2022 (not even pandemic related) and they took my entire state refund this year without warning. You should immediately file an appeal if you disagree with their determination - you only have 30 days from the date on that letter! You can also try calling them directly to set up a payment plan before it gets to collections, but good luck actually reaching anyone.
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Elijah Brown
•Oh no, that's what I was afraid of. The letter is dated 2 weeks ago so I still have time to appeal. Do you know what kind of evidence I need to provide? I still have my termination letter somewhere but not sure what else they want.
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Natalie Chen
There actually IS a pandemic overpayment waiver program specifically for PUA/PEUC benefits from that time period. I went through this last year. You need to fill out the "Pandemic Benefits Overpayment Waiver Request" form on the ESD website. They're forgiving a lot of these because there was so much confusion during COVID. Make sure you explain that you applied in good faith and believed you qualified at the time. Even if they don't forgive the whole amount, they might reduce it significantly. Don't ignore this though! Definitely appeal within the 30-day window regardless.
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Santiago Martinez
•yup my sister got $8k forgiven from her pandemic unemployment. she just had to write a letter explaining hardship and stuff. took like 4 months to get approved but totally worth it!
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Samantha Johnson
I'VE BEEN FIGHTING WITH ESD FOR 8 MONTHS about a similar overpayment notice!!! They'll ABSOLUTELY take your tax refund and even GARNISH YOUR WAGES if you don't deal with this. The appeals process is a COMPLETE JOKE - they ALWAYS side with ESD no matter what proof you provide. And good luck getting anyone on the phone to explain why you supposedly didn't qualify in the first place!!! The whole system is designed to PUNISH people who needed help during a GLOBAL CRISIS. It's absolutely CRIMINAL what they're doing to regular people!!!!!
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Nick Kravitz
•I actually had a good experience with the appeal process for a pandemic overpayment. My judge was really fair. Not saying your experience wasn't bad, but not everyone at OAH is terrible. Maybe depends who you get assigned to?
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Hannah White
If you're having trouble getting answers from ESD about your pandemic overpayment, I highly recommend using Claimyr to get through to an actual ESD agent. I was in a similar situation with a $4,200 overpayment notice, and I spent weeks trying to get someone on the phone with no luck. Claimyr got me connected to an agent within 30 minutes who explained exactly why I got the overpayment and what my options were for appealing. Saved me so much stress! They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Definitely worth it for getting immediate answers about your specific situation.
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Elijah Brown
•Thanks for this! I've been calling ESD for 3 days straight and can't get through. I'll check out that service - at this point I just need to talk to someone who can explain exactly why they think I wasn't eligible.
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Michael Green
my cousin had this happen and he just ignored it lol. said they sent letters for a while then stopped. but idk if that means it went away or if hes just gonna get a surprise when they take his tax refund this year haha. personally i wouldnt risk it but thought id share his experience
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Natalie Chen
•That's extremely risky. These debts don't just go away - they can collect for years and the interest keeps accruing. Your cousin might be in for a nasty surprise beyond just losing a tax refund. These debts can eventually lead to wage garnishment and other serious consequences.
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Maria Gonzalez
Important note: If you request a waiver or file an appeal, make sure you continue responding to ANY communication from ESD or OAH (Office of Administrative Hearings). Missing a hearing or failing to provide requested documentation automatically means you lose the appeal. Also, depending on why they say you were overpaid, different rules apply. If they're claiming fraud, that's harder to get waived than if they're just saying you were retroactively ineligible for technical reasons.
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Elijah Brown
•The letter doesn't say fraud anywhere - it just says something about "failure to report earnings" but I literally didn't have any earnings during that period! I was completely unemployed. Is there a way to see my original application from 2020? I don't remember exactly what I put down.
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Nick Kravitz
same thing happened to me last month! "failure to report earnings" but i had zero income during pandemic! turns out they had me confused with someone with similar name who was working at amazon. took 3 appeals but finally got it fixed. check your quarterly wage reports in your eServices account - might show incorrect employer info if thats whats happening. def appeal this!
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Mateo Silva
•I had something similar happen but it was because a previous employer reported my final paycheck in the wrong quarter. Could be worth checking if maybe a final paycheck from your restaurant job was paid after you filed for unemployment? Even a single missing week can trigger these notices.
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Natalie Chen
To address your tax refund question specifically: Yes, both federal and state tax refunds can be intercepted for ESD overpayments. For federal refunds, it goes through the Treasury Offset Program (TOP). For state refunds, it's handled directly by Washington Department of Revenue. However, if you file an appeal or waiver request, they may place a temporary hold on collection activities including tax intercepts. Make sure you request this specifically when you file your appeal.
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Elijah Brown
•Thank you for this clear explanation. I'm definitely going to appeal and request a hold on collections. I'm also going to look for all my documentation from when the restaurant closed. Hopefully they'll see this is just a mistake.
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