Washington Unemployment

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After helping several family members through overpayment situations, here's what I've learned: 1. The reason for the overpayment MATTERS in how you approach it 2. Job search related overpayments can sometimes be resolved by providing documentation after the fact 3. If he has ANY proof of job searches during those weeks (emails, application confirmations, etc.), gather them now 4. Request a payment plan WHILE also appealing - you can do both simultaneously One more tip: When he finally speaks with ESD, ask specifically about a "Section 3304(a)(4) waiver" if he can demonstrate financial hardship. Many agents won't mention this option unless specifically asked.

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I've never heard of that specific waiver type! That's exactly the kind of information we need. He definitely has some proof of job searches (emails and application confirmations in his inbox), but probably not for every single week. Would partial documentation help?

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woah $15,000 is crazy!!! that's way more than most of the overpayments i've heard about. has your son checked if his identity was stolen? sometimes scammers file claims using other peoples info and that could explain why the amount is so high?? just a thought

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I hadn't considered identity theft! That's actually a really good point. I'll have him check his credit reports right away. Though I'm pretty sure he legitimately filed the claims himself, it's worth making sure nothing else strange is going on.

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my sister works for esd and she said people file after benefit year ends ALL THE TIME and its totally normal procedure, dont worry about it

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Just an update for anyone finding this thread in the future: The law (RCW 50.04.030) defines a "week of unemployment" as any week within your benefit year where you meet eligibility requirements. The date you file the claim is irrelevant as long as you file within the allowable timeframe (usually within 1-2 weeks of the week ending date). This is standard procedure at ESD.

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why are these government systems so awful?? in what universe should it be THIS HARD to fix a simple typo? ridiculous that you have to jump through all these hoops for something so basic. and of course they make it impossible to reach anyone...

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for real!! the whole system is designed to make ppl give up i swear

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One more important thing - when you do reach an agent, ask them to place a note on your account about the SSN correction. Then request they email you confirmation that the change has been made. This creates another layer of documentation. Also, if you're planning to call tomorrow, try right at 8:00 AM when the phone lines open. That's typically when you have the best chance of getting through.

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Thank you! I'll definitely request email confirmation. I've set my alarm for 7:55am tomorrow to try calling right when they open.

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One more important thing: document EVERYTHING. Every time you call ESD, write down the date, time, who you spoke with, and what they told you. If they make any promises about your repayment plan, ask for it in writing or at minimum get a reference number for the call. I've seen cases where claimants negotiated payment plans, only to have them not properly noted in the system. Then they were surprised when different amounts were withheld than what they agreed to. Also, check your ESD online account frequently once payments start. The overpayment balance should decrease with each payment. If you see any discrepancies, contact them immediately.

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Hugo Kass

That's great advice. I'll definitely keep detailed records of everything. Really appreciate all the help everyone's given me here.

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Since the overpayment happened in 2023, you should also check if you qualify for an overpayment waiver based on equity and good conscience. The criteria changed slightly in recent years, and ESD now has more flexibility to waive overpayments in certain situations. To request a waiver, you'll need to complete ESD's financial statement form and show that repayment would cause significant financial hardship. Success with waivers varies, but it's worth trying if your overpayment wasn't due to fraud or misrepresentation. At minimum, I'd recommend asking for the lowest possible repayment rate based on your financial situation. Having some income while job searching is better than none.

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They NEVER approve those waivers!!! I filled out all the paperwork showing I could barely afford food and they still denied me. The whole system is rigged against us!!

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They do approve waivers, but the standards are strict. Generally, they look for cases where: 1) The overpayment wasn't your fault, 2) You received the money in good faith, and 3) Repayment would cause extreme financial hardship. Success rates are higher for administrative errors versus claimant mistakes.

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One more thing to prepare for: when you reopen your claim, ESD will contact your most recent employer to verify your work separation reason. Since you're transitioning from FMLA to unemployment, make sure you're clear about why you can't return to your previous position. If you voluntarily chose not to return without medical necessity, it could potentially disqualify you. But if you have medical documentation showing you cannot return to that specific job but can work elsewhere, you should be covered.

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This is a good point. My employer actually eliminated my position while I was on FMLA (they were going through layoffs). They offered me a different position with significantly reduced hours that I couldn't accept due to my medical restrictions. I should probably document all of this when I reopen the claim, right?

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Absolutely document all of that! That's a completely different scenario and actually strengthens your case for unemployment eligibility. Make sure to upload any documentation showing the elimination of your position and the offered alternative that didn't accommodate your medical needs. This is exactly the kind of detail ESD needs to process your claim correctly.

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ppl are making this way more complicated then it is lol!! just reopen ur claim, check the box that says u were on medical leave, provide the dates, done! ive done this twice no problems

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It totally depends on your specific situation though. I thought mine would be simple too and ended up in adjudication for weeks because of the details. Better to be over-prepared than stuck with no income!

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