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Update on what I shared earlier - if you can provide financial hardship documentation, you might qualify for a waiver of the overpayment entirely, even if they don't remove the "at fault" finding. Form ESD 640-001 is what you need - "Application for Overpayment Waiver." Most important though: whatever you do, keep filing your weekly claims while this gets sorted out if you're still on unemployment. An appeal doesn't stop your current claim requirements.
actually my brother works at esd and he told me they sometimes pay the waiting week if your claim has special circumstances but you have to specifically request it by calling and mentioning the "waiting week hardship provision" not many people know about this...
I've reviewed all the current ESD policies and regulations, and there is no such thing as a "waiting week hardship provision" that allows for payment of the waiting week outside of the exceptions I mentioned above. Please be careful about spreading misinformation that could cause people to waste time pursuing something that doesn't exist.
OK so waiting weeks aren't paid, but what about the last week when your benefits end? Do they pay that one in full? I'm about to exhaust my benefits next month and trying to budget.
When I had a pending claim it took 6 weeks to get resolved! And my landlord wasn't understanding at all. Have you thought about taking any temporary gig work while you wait? That's what saved me - did food delivery for a couple weeks until my claim finally went through.
I've been thru the whole ESD nightmare twice now. The thing no one tells you is that if you get denied, you should ALWAYS appeal. I got denied initially but won on appeal & got backpay for all those weeks. Don't give up!
Good to know about appealing! Hopefully it won't come to that, but it's reassuring to hear you eventually got your backpay. How long did the appeal process take?
One additional thing to note: ESD has specific rules about when they can and cannot accept late employer responses, outlined in WAC 192-130-065. The rule states that an employer's response may be considered if received within 30 days of the mailing of the Notice to Base Year Employer, if good cause is established. What this means for you: Your employer's 10-day late response is technically still within the extended timeframe allowed by regulation. However, they should have been required to establish "good cause" for their lateness. If you do speak with an ESD agent, you can specifically ask if the employer provided good cause for their late response as required by WAC 192-130-065. If they didn't, you have grounds to request that their late response not be considered. This might be helpful information for your adjudication interview.
Update: I wanted to share what finally worked for me in case it helps others in a similar situation. I tried everything suggested here - calling repeatedly (never got through), contacting my state representative (they sent an inquiry but I didn't hear back), and submitting additional documentation through my eServices account. What finally worked was using Claimyr to get through to an actual ESD agent. I was skeptical, but after 5 weeks in adjudication with no progress, I was desperate. The service connected me to an ESD agent in about 30 minutes. The agent was actually very helpful and explained that my employer had claimed I quit voluntarily, which contradicted my layoff documentation. She scheduled an adjudication interview for the following week and flagged my case for priority review due to the lengthy delay. I had my adjudication interview yesterday, was able to present all my evidence, and got approved today! All benefits are being paid retroactively. If anyone else is stuck in adjudication limbo, don't give up. Keep excellent records, continue filing weekly claims, and find a way to speak with an actual human at ESD who can see what's happening with your claim.
congrats!! always good to hear when someone beats the system lol. I'm gonna try that claimyr thing next time I get stuck in esd hell
Chloe Harris
Quick update - I talked to the ESD agent who helped me with this same issue and she explained that the phone system sometimes fails to record your job search activities properly. When that happens, your claim gets stuck in a weird limbo where it's partially processed but not fully submitted. The only solution is having an agent manually fix it. And yes, definitely use the eServices website from now on!
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CosmicVoyager
•figures!! they should just get rid of the phone option if it doesnt work half the time!!!
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Isabella Ferreira
UPDATE: I finally got through to ESD after a 2-hour wait! The agent confirmed my weekly claim WAS received through the phone system but got stuck in processing because of a "system flag" related to my job search activities. She manually reviewed and processed my claim while I was on the phone. She said my payment should arrive in 2-3 business days. Also confirmed I should definitely use the website for future claims to avoid this issue. Thanks everyone for your help!
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Ravi Kapoor
•That's great news! Glad you got it resolved. This is a common issue that many claimants encounter. The phone system works well for basic claims but struggles with any complexity. For anyone reading this in the future - the eServices website is almost always the better option for filing weekly claims.
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