This page was last updated 6/2/22.
We’ll provide further updates as information becomes available.

This resource page was created by and for people facing overpayment notices from ESD, with supplementary info from online and community resources (a big thank you to the Unemployment Law Project!). This is not legal advice and may not apply to every situation. It is the best information and advice we’ve been able to collect as a group based on what has worked for people and what hasn’t.

Nobody should have to pay back benefits that were used to keep people afloat and were never meant to be a loan. We hope this resource helps you resolve your overpayment as quickly as possible!

Click on each heading to expand and view resources.

WHAT IS AN OVERPAYMENT?

An overpayment is when ESD determines that you received benefits that you shouldn’t have. It can range from the amount of one week’s benefits to the total amount you have received in benefits (plus interest!)

Causes of overpayments (+)

ESD often does not make it clear why they have sent you an overpayment notice. It is important to find out the cause of your overpayment so that you can increase your chances of successfully having your overpayment appealed or waived.

Here are a few common reasons ESD will say you have an overpayment:

  1. After receiving benefits, ESD has determined you were actually ineligible for a time period they previously approved you for. This can happen when:
    • There was a technicality in how you "should" have answered their questions online.
    • ESD says there is a discrepancy between time you worked and what you claimed.
    • Your employer either isn't responsive or has provided inaccurate information to ESD.
  1. ESD had issues processing your claims regarding pandemic unemployment benefits (PUA). PUA and other federally funded programs were newly created for the pandemic. Policies were updated more than once, and ESD’s response to those updates took time to implement. Meanwhile, people were being paid, and this created a lot of retroactive discrepancies.
    • You could have been switched from being paid out through one program to another (ex: PUA to UI) resulting in an overpayment from the difference in benefit amounts.
    • The online questions for pandemic benefits didn't align with your situation, so you answered the questions the best you could, and it resulted in your answers being "incorrect."
    • NOTE: ESD is not allowed to charge interest on federally funded benefits, like PUA and PEUC. If you were paid out through these programs, and they are charging interest on your overpayment, please contact us!
  1. ESD is missing documents and is requesting communication from you
    • Many people have reported having to submit the same documents multiple times because things get lost in ESD's system.
    • One cause of this is the many times ESD has implemented a round of identity verification. Many people were asked to confirm their identity or provide duplicates of documents months after they stopped claiming, so they didn’t pay attention to the notifications from ESD and missed the deadline to verify their identity.
    • You might have missed another type of response deadline and need to follow up.
  1. Overpayments sent in error — fraudulent claims
    • If you recently reported fraud using ESD’s online reporting tool or to the Office of Special Investigations, you do not owe money.

Avenues for dealing with an overpayment (+)

  1. File an appeal: best option for when you think ESD has made a mistake in determining your overpayment. (e.g. fraud, you did provide documents they say are missing, you weren’t communicated with about deadlines or requests for info, you answered questions to the best of your ability)
  1. File a waiver: best option for overpayments on state UI claims (non PUA) and when you are experiencing severe financial hardship.
  1. Call the collections department to put a hold on your collections: this doesn’t resolve your overpayment, but it buys you some time while you try to address it.
  1. Contact your elected officials to ask them to reach out to ESD on your behalf: If you’re having trouble getting any real answers or seeing any movement on your case, this can escalate things in ESD’s system and get the people in authority to look at what’s going on and resolve it.

FILING AN APPEAL

When you disagree with a decision that ESD made about your unemployment benefits, you can appeal their decision, whether that’s an overpayment determination or a decision about your general benefits. Once you file an appeal, ESD reviews your appeal and decides to either change their decision, or schedule a hearing, in which case they will send you notice of the hearing date. The hearing is presided over by an Administrative Law Judge. The outcomes of this hearing can lead to ESD changing their original decision (resolving your overpayment), or they decide to uphold the original decision. They will notify you of their decision in writing after the hearing. If they decide to uphold their original decision, you can challenge the outcome of the hearing. View ESD’s info on appeals here.

Best Practices for Filing an Appeal (+)

  1. File for an appeal via your eservices account and take a screenshot so you have a record of the date and contents. If you file via phone, make a note of the date and who you spoke to. If you file via fax or mail, keep a dated copy for your records.
    • You must file for an appeal within 30 days of the date of ESD’s decision.
    • You may file an appeal online, but you cannot file via email. Log into your eServices account, select the Decision status tab, look for the decision you want to appeal, and choose Appeal. You will find a prepopulated form that will ask the question of "why do you disagree with this Determination Letter?” In the textbox, you may write, "I disagree with this Determination Letter denying me benefits (and assessing overpayment), and I would like to have a hearing to discuss.”

  1. Don’t get specific about the details of your case when filing your appeal. Details can be used against you during your hearing, and your employer will have access to your appeal ahead of the hearing.

    • Avoid using the overpayment amount in your appeal (the judge might have a different amount)
    • Avoid sharing in your appeal what you would share in the hearing
    • “I disagree with any and all determinations regarding this overpayment and I wish to appeal.” is a great sentence to use for filing your appeal
  1. Appeal the CAUSE of your overpayment notice, not the notice itself. This is a small distinction, but it’s important for understanding what information will help you make your case with ESD. Determining the cause of your overpayment is critical to being able to defend yourself.
  1. Use clear language to demonstrate you are answering questions and filling out forms with the best intentions, even if the answers don’t line up on their end. Their questions and forms are often confusing, but that doesn’t mean you are at fault for answering things as best as you can. For example, say “I did things to the best of my ability” or “to the best of my knowledge.”
    • Including the determination letter ID is helpful
  1. Ask questions and gather as much information as you can. Say “I don’t understand that, can you explain?” if needed. This can help you or other people you connect with piece together what is going on with your case and what you need to do to resolve it.
  1. Connect with the Unemployment Law Project to see if they can help guide you through your appeals process. Check out their information on filing an appeal and find their contact info here.

Common Scenarios for Appeals (+)

  1. You filed for an appeal months ago but you still haven’t received an appeal hearing date.

    • This is to be expected because as of right now ESD has a four month backlog on appeals hearings. Check out their website to see an updated wait time.
    • Keep gathering information on your case. What is the issue ESD sees that has caused your overpayment notice? Was this caused by an error on your part or another reason? Can you gather as much documentation as possible to prove you are not at fault? Keep taking screenshots and documenting all of your interactions with ESD.
  1. You never received notice of ESD’s decision, or the decision is dated earlier than you actually received it, so the 30 day cut off for filing an appeal has passed.
    • Screenshot and/or make a record of when you received notice of the decision if you are able.
    • You may no longer be able to file an appeal through your eServices account if more than 30 days have passed, in which case you will need to file for an appeal via phone, fax, or mail.
      • When filing, be sure to note ESD’s lack of communication of their decision as the reason for missing the 30 day cut off.

Appeal FAQs (+)

  1. Will I face collections while waiting for my appeal hearing?

    • Filing for an appeal should stop all collections activity on your overpayment. They may still send you threatening letters, but you should see no garnishment or interception of wages, benefits, tax returns or anything else. If you experience this at any time, but especially while waiting for an appeal date, please let us know!

  1. Can I appeal the decision of my appeal?

    • Yes. If you disagree with the judge's decision on your appeal, you can file a “Petition for Review” via mail.
      • This must be done within 30 days of the mailing date listed on the Office of Administrative Hearing’s decision on your appeal.
      • Mailing address: Commissioner’s Review Office, Employment Security Department, P.O. Box 9555, Olympia, WA 98507-9555

Check out Unemployment Law Project's resource page for more info.

FILING A WAIVER

Overview & Best Practices (+)

  1. ESD has to send you the waiver form. Some people are sent the form automatically (check your eServices account), but some people have only successfully received it by requesting it over the phone.

  1. Screenshot the entirety of your waiver application before you submit it! Once you submit it, you will no longer have access to the form or your answers.

    • If ESD loses record of your waiver and asks you to fill out another, you could be accused of fraud if your answers change from one application to the next. So be sure to keep a record of exactly how you answered things.
  1. The waiver is based around financial hardship. That means you will need to disclose a lot about your financial situation and express hardship. What is considered hardship is not clear, and sometimes comes down to what an individual judge thinks. If you want to increase your chances of the waiver being approved, do not hold back on the financial difficulties you are currently experiencing.
  1. If you are determined to be at fault, you will not be eligible for a waiver. If ESD thinks you should have known something that you did not answer correctly on your application, they may determine you to be at fault, in which case, you would not be eligible for a waiver. You could instead appeal their decision that you are at fault (see the Appeals information above).

  1. You can call the collections department, tell them you are filing a waiver, and ask them to put a hold on your overpayment collections. This is usually granted for around 90 days and buys you some time while you are waiting for your waiver to be approved. It stops your overpayment from collecting interest and reduces the danger that ESD could intercept your ongoing benefits, tax returns, or income. ESD collections department phone number: 866-697-4831

    • Sometimes collections activities, like intercepting tax returns, are carried out anyway. Please contact us if this happens to you!

Common Scenarios (+)

  1. ESD told me my overpayment WILL be waived, but it still shows up on my account and I am still receiving notices.

    • ESD claims they are in the process of waiving a number of types of overpayments, but their backlog wait time can feel never ending. Make a record of when you were told this and who you spoke to. The more detailed the better.

  1. I filed a waiver but never heard back from ESD.

    • ESD responds to some people’s waivers immediately and in other cases can take over 6 months. If it’s been at least a couple months, you should consider calling ESD to ask about your waiver. Do they still have it on file? Where is it in the process? When do they expect to respond to it? Document the answers, date and time, and who you speak to.

GENERAL BEST PRACTICES

  • Ask to speak to a senior case manager or a supervisor when you get through on the phone. There are often newer employees who haven't been as fully trained who are the first ones answering the phones.

  • Sign and date your form!

    • ESD will not accept a form not signed, and they will not tell you if it wasn’t signed.

    • Dates are helpful to prove you responded within time limits; ESD will sometimes say the form or response was late, which would make it invalid.

  • Be prepared to wait hours on hold to get through to them on the phone. There might be times when the queue is too long and you get booted off.

  • Record all your phone calls, and/or keep a log of the following:

    • Agent name

    • Agent ID or number

    • Date

    • Summary of what you asked

    • Summary of what agent said

  • Send a follow-up email to ESD once you have talked to them on the phone. This email should summarize what you talked about (use the phone log above.)

  • Keep copies of all the documents you have submitted and letters you have received.

  • Be relentless!

    • It often takes multiple phone calls, emails, meetings, etc. to fight an overpayment. This process is difficult, but don’t give up!

  • You do not have to do all this at once. It’s a process.

    • In most cases you have 30 days to respond to or appeal any decision ESD has made. You don’t have a lot of time, but you have enough time to decide what you want to do and act.