In Washington State, the Employment Security Department (ESD) will say you have an overpayment when they decide they paid you too much money. This usually happens when ESD thought you were eligible for benefits then changed their mind later. They will send you a
letter (a “Determination Letter”) in the mail that says they denied benefits and you owe them money. You might also see the letter on the ESD e-Services portal, or you might get a statement in the mail from ESD that says you owe money.
What does an Overpayment Decision look like?
An overpayment will often come to you in the form of a letter from the ESD. This letter will say that ESD has decided to deny your benefits. The letter will give a short reason why ESD says you owe the money. It is normal for the letter not to have enough or detailed information to let you figure out why ESD denied your benefits. The letter will also state the total amount of the overpayment. Finally, it will give you the option to pay the overpayment or appeal the decision. There is a strict deadline to appeal the decision on time.
Should you appeal a decision?
Yes, you should appeal if you don’t agree that you should have to repay the money. At Washington Employment Benefits Advocates (WEBA), we can help you evaluate your probability of a successful appeal. If you don’t appeal the decision then you will have to repay all the money that ESD says you owe. Our attorneys can advise you how to proceed by evaluating the legal merits of your case in accordance with their expertise.
Please remember that while overpayments can occur in various areas, including tax refunds, social services, and other government programs, here at WEBA, we are focused on assisting clients with unemployment benefits issues only.
How can we help you?
At WEBA, we provide you personalized assistance to your specific case matter from the first step to the last. We start off by giving you an opportunity to schedule a free consultation with one of our attorneys who have years of expertise in appealing simple and complex overpayment issues. During this initial consultation, you can have a direct and comfortable conversation with an attorney to both explain your unique situation and understand the possible resolutions. Our attorneys will review the details and validity of your overpayment decision to identify any potential defense or mitigating factors to appeal your case. If you decide to hire us to represent you, our team will guide you through every step of the appeal from filing through representation at the hearing in front of the judge. Hiring WEBA will certainly give you the best chance of success at appealing your overpayment.
What to do next?
If you have an overpayment from ESD, we urge you to schedule a free consultation with us by clicking on the “Schedule your Free Consultation” button on this website’s home page. This is the best way to introduce yourself and your case to our attorneys. While we recommend an initial formal consultation, please know that our paralegal is always available to convey any questions or inquiries on your behalf to the attorneys as well as help you navigate through any administrative processes. We look forward to hearing from you!