Washington Unemployment Overpayment Waiver (ESD): How to Request & Who Qualifies

Complete Guide to Washington State (ESD) Unemployment Overpayment Waiver: Who Qualifies, How to Request It, Documents, Deadlines, and Next Steps

If you’ve received a notice from the Washington Employment Security Department (ESD) stating that you were overpaid unemployment benefits, you may be wondering: “Do I have to pay this back? Can I get this forgiven?” The answer depends on the type of overpayment, whether you were at fault, the time period involved, and what your determination letter allows you to do next.

An overpayment waiver is a request asking ESD to forgive (or “waive”) part or all of the overpaid benefits. Washington’s most clearly documented waiver expansion applies to many pandemic-era overpayments. For other overpayments, your strongest protections are usually a timely appeal (if the overpayment is incorrect) and/or arranging a payment plan if you cannot afford repayment.

This guide walks you through eligibility, the request process, what documents to prepare, what to expect after you submit, and what to do if ESD denies your request.

1. What an “Overpayment Waiver” Means in Washington (ESD)

An overpayment occurs when Washington ESD determines that you received unemployment benefits you were later found to be not eligible for. This can happen for reasons like unreported earnings, missing information requests, identity verification issues, or later eligibility determinations that reverse earlier payments.

When ESD finds an overpayment, it sends a determination letter explaining the overpayment amount, reason, weeks affected, and what you can do next (appeal, repayment plan, or—when available—waiver options).

Waiver vs. Appeal vs. Repayment Plan (Don’t Confuse Them)

Here’s the practical difference between the three most common paths:

• Waiver: You ask ESD to forgive the debt based on equity and good conscience (hardship/unfairness) and not being at fault. In Washington, this is most clearly documented for many pandemic-era overpayments.
• Appeal: You disagree with the determination that created the overpayment (eligibility, weeks, amount). An appeal challenges the underlying decision and has a strict deadline listed in your letter (often about 30 days).
• Repayment Plan: You agree you owe it but cannot pay all at once. ESD Collections may set up monthly payments.
• Negotiated Settlement / Other Resolution Options (Case-by-Case): If you need alternatives beyond a payment plan, ask ESD Collections whether any other resolution options are available for your specific case. Availability varies and is not guaranteed.

Important: You can file an appeal and request a waiver at the same time. If you believe the overpayment decision is wrong, file your appeal by the deadline to protect your rights—even if you also plan to request a waiver or payment plan.

2. First: Read Your Determination Letter (Type of Overpayment + Deadlines)

Your determination letter is the roadmap. It explains why you have an overpayment, which weeks are affected, and what action you can take—and by when.

Your determination letter will typically include:

• The amount of the overpayment
• The reason for the overpayment
• The weeks affected
• Whether it is labeled fraud or non-fraud
• Your appeal deadline (the exact date matters)
• Instructions for repayment and any available waiver or payment plan steps

Identify Non-Fraud vs. Fraud (Why It Matters)

How ESD labels the overpayment matters because waiver eligibility is generally tied to not being at fault.

Non-fraud overpayments can happen when:

• You made an honest mistake
• ESD made an error
• ESD later changed/denied eligibility after paying benefits
• You missed an information request deadline

Fraud overpayments generally involve an allegation that you knowingly provided false information or intentionally failed to report required facts.

Fraud overpayments are typically not eligible for waivers. If you believe a fraud label is incorrect, focus on appealing the underlying determination and following your hearing instructions.

Appeal Deadline (Protect Yourself)

If you disagree with the overpayment determination—whether it’s the reason, weeks, or amount—you can appeal. In many Washington UI determinations, the appeal window is about 30 days, but you must follow the exact deadline date listed on your notice.

Filing an appeal and requesting a waiver are separate. You can do both, but the appeal deadline is strict. If you think the overpayment decision is wrong, file the appeal on time even if you’re also requesting a waiver or payment plan.

3. Who Qualifies for a Washington Overpayment Waiver?

For cases where a waiver is available, eligibility generally comes down to two ideas:

1. You were not at fault (typically non-fraud).
2. Repayment would be against equity and good conscience (unfair or would cause hardship).

Core Eligibility Idea (Equity and Good Conscience)

ESD describes “equity and good conscience” factors such as:

• Financial hardship: Repayment would prevent you from meeting ordinary living expenses (rent, food, utilities, medical care, childcare).
• Detrimental reliance: You relied on the benefits when making financial decisions (paid bills, signed a lease, etc.).
• Unconscionable under the circumstances: Repayment would be fundamentally unfair in your situation.

In practice, you want to show: (1) you acted in good faith, and (2) paying back the debt would cause serious hardship or unfairness, supported by documents.

Pandemic-Era Overpayments (Expanded Waiver Policies)

Washington ESD implemented expanded policies for overpayments tied to the COVID-19 pandemic era—specifically for weeks between February 2, 2020, and September 4, 2021.

ESD also issued certain automatic waivers and administrative write-offs for defined situations. A key detail:
administrative write-offs do not generate refunds for money already paid. Waivers, when approved, may result in refunds for repayments on waived pandemic-era overpayments.

Examples ESD has listed for potential automatic waivers/write-offs during the pandemic era include:

• Administrative write-offs: Overpayments under $1,000 during the pandemic era where the claimant never made a repayment may be written off.
• COVID-19 reasons (PUA): Certain PUA overpayments tied to COVID-19 reason issues.
• Able and available: Payments made while ESD decided eligibility that later became overpayments.
• High-to-low weekly benefit amount transfers: Moving weeks from a federal pandemic claim to a lower-paying state claim that created an overpayment.
• PUA weekly benefit amount recalculations: Adjustments that lowered the weekly amount and created overpayments.

If your overpayment is from the pandemic era, review ESD’s pandemic waiver guidance and the official factsheet here:
ESD Pandemic Overpayment Waivers page and the
Pandemic-era Overpayments Factsheet (PDF).

4. How to Apply (Step-by-Step) — Washington ESD

How you request a waiver depends on the type of overpayment and the time period involved. If your overpayment is pandemic era, ESD has a defined waiver request path described in its guidance. If your overpayment is outside that period, your notice may emphasize appeal and payment plan options.

Step 1 — Log In to Your ESD Account

Start by logging in:

• Go to esd.wa.gov
• Use “Sign in to eServices” / “Your unemployment account”
• Log in via SecureAccess Washington (SAW)

Step 2 — Look for Overpayment Tools (Waiver Link, Messages, or Tasks)

Once logged in:

• Open the “Overpayments”, “Notices/Letters”, or “Messages” area.
• For many pandemic-era overpayments, ESD may provide an online waiver request option tied to your case.
• If you do not see a waiver option, follow your determination letter instructions (some cases route you to appeal/payment plans first).

Claims Center (for general assistance): 800-318-6022. Call center hours can change—verify current hours on ESD’s Contact Us page (hours can change—verify on ESD’s official
Contact Us page).

Step 3 — Complete the Waiver Questions (Hardship/Equity)

If a waiver request is available for your case, it typically asks about your finances and why repayment would be unfair or create hardship. Be ready to provide:

• Current income (wages, benefits, support)
• Monthly expenses (housing, utilities, food, medical, childcare, transportation)
• Why repayment creates hardship
• Whether you relied on the benefits for necessary financial decisions
• Any circumstances that make repayment fundamentally unfair

Be accurate and complete. Missing or unclear financial details are one of the most common reasons waiver requests get delayed.

Step 4 — Upload Documents + Keep Proof

You may be asked to upload documents proving hardship. Examples:

• Pay stubs / income proof
• Bank statements
• Bills (rent/mortgage, utilities, medical, childcare)
• Receipts/invoices
• Any supporting documents tied to the reason for the overpayment

Keep copies of everything you submit and confirmation (upload receipts, screenshots, certified mail/fax proof).

Step 5 — Track Status & Respond Fast

After submission:

• Check your account frequently for messages.
• Watch your mail/email for determinations.
• Respond quickly if ESD requests more documents.
• If you’re unsure what to do next, contact ESD through official channels on the Contact Us page.

If you need repayment help now: call the ESD Collections Unit at 866-697-4831 to discuss payment plans or collections questions.

5. Washington Overpayment Waiver “Form”: Is There a Single Form?

Many people search for a single “Washington unemployment overpayment waiver form” PDF. In practice, Washington’s waiver process is most clearly described for pandemic-era overpayments, and the request is typically handled through an online process tied to your account (or by phone).

For pandemic-era overpayments (Feb. 2, 2020 – Sept. 4, 2021):

• ESD provides a waiver request process described in its official guidance and factsheet (often through your account tools).
• You can also call the Claims Center 800-318-6022 (verify current hours on Contact Us).

For non-pandemic overpayments (weeks outside that period):

• Your determination notice will usually focus on appeal and payment plan options.
• If you’re unsure what applies, contact ESD using official channels and ask what resolution options exist for your specific determination.
• Collections support: 866-697-4831.

Bottom line: Many waiver requests are not a standalone downloadable form—follow the instructions on your determination notice and your eServices account tools.

6. Documents Checklist (What ESD Usually Requests)

If you’re requesting a waiver (when available), the goal is to document your financial reality clearly—income, necessary expenses, and why repayment would create hardship or unfairness.

Income Proof

• Recent pay stubs (last 2–3 months)
• Self-employment income statements or profit/loss records
• Social Security / disability / pension award letters (if applicable)
• Any other income documentation (support, benefits, etc.)

Expense Proof

• Rent/lease or mortgage statements
• Utilities (electric, gas, water, internet)
• Medical bills/insurance statements (if relevant)
• Childcare invoices (if relevant)
• Transportation costs (insurance, payments, transit)

Copy of Determinations/Notices

• Your overpayment determination letter
• Any related determinations that created the overpayment
• Appeal materials (if you appealed)

7. What Happens After You Apply? (Timeline + Decision)

After you submit a waiver request (when available), ESD reviews your request, your claim file, and any documents you provided. They may contact you (or your employer) for more information.

Processing Time (Varies)

ESD does not publish a guaranteed timeline for waiver decisions. Some cases can take several months depending on complexity, volume, and whether more information is needed. Check your account and respond quickly to requests.

Possible Outcomes

ESD will issue a written decision. Common outcomes:

• Approved (Full Waiver): If interest applies, your notice will explain whether it is waived or still owed. Interest treatment can differ by program and case.
• Partially Approved: ESD waives part and requires repayment of the rest.
• Denied: ESD determines you don’t meet the criteria for waiver. Your letter should explain appeal rights and other options.

If you already paid: For pandemic-era overpayments, if ESD waives the overpayment and you previously made payments, ESD may refund those repayments (including interest paid) according to its guidance. Administrative write-offs do not issue refunds. Refunds typically go to the payment method on file.

8. If Your Waiver Is Denied: Can You Appeal?

If ESD denies your waiver request, you can generally appeal the waiver denial by following the instructions and deadline on the denial notice.

1. Read the denial letter carefully. It states the reason and deadline.
2. File your appeal on time. Deadlines are strict.
3. Strengthen your evidence. Add clearer proof of hardship/unfairness.
4. Attend the hearing. Be prepared to explain finances and circumstances.
5. Wait for the decision. You’ll receive a written decision after the hearing.

For official appeal instructions, see
ESD – File an Appeal.
You can also see our Unemployment Appeal Guide.

9. Repayment Options (While Pending or If Denied)

If your waiver is pending or denied, you still have practical ways to manage the debt.

Payment Plan

If you cannot pay all at once, call Collections to request a payment plan.

• Call ESD Collections Unit: 866-697-4831
• Explain your finances and request an affordable monthly plan
• Make payments on time to avoid escalating collection actions

Official repayment info:
How to Pay Back an Overpayment.

Offsets & Other Collection Tools (General)

If an overpayment remains outstanding, ESD may use lawful collection tools depending on your situation, which can include offsets from future benefits or other collection actions. If you’re unsure what is happening on your account, contact Collections and ask for a clear breakdown of the balance, weeks, and current collection status.

Important: If you cannot afford repayment, it’s usually better to set up a plan early than to ignore notices.

10. Special Cases (Washington)

Some scenarios require extra steps.

Identity Theft / Impostor Claim

If you received an overpayment notice for benefits you never claimed—or someone filed in your name—report it immediately.

1. Report to ESD: ESD Identity Theft
2. File a report at IdentityTheft.gov
3. Follow ESD instructions for documentation and next steps

Bankruptcy

Bankruptcy treatment can vary depending on the type of bankruptcy and whether ESD alleges fraud. Consult a qualified attorney for advice based on your facts.

11. Frequently Asked Questions (FAQ)

12. Official Resources (Sources + Next Steps)

Official resources you should rely on:

Washington ESD Resources

• If We Paid You Too Much (ESD Overpayments Hub): Main overpayment hub.
• About Overpayments: Causes, repayment, and appeals context.
• Pandemic Overpayment Waivers: Pandemic-era waiver rulemaking and updates.
• Pandemic-era Overpayments Factsheet (PDF): Key pandemic waiver details (waivers, write-offs, refunds, Q&A).
• How to Pay Back an Overpayment: Repayment options/payment plans.
• File an Appeal: Official appeal steps.
• ESD Contact Us: Updated phone hours and contact channels.
• ESD Collections Unit: 866-697-4831

Free Legal Assistance

• Unemployment Law Project – Overpayments: Free legal help for eligible claimants.
• Working Washington – Overpayments Resource: Advocacy and general information.

Related Guides on TheUnemployment.org

• Washington Unemployment Guide (All Topics)
• How to Appeal a Denied Unemployment Claim
• Unemployment Overpayment Waiver Guide (All States)

Next Steps

1. Read your determination letter. Note reason, weeks, amount, and deadlines.
2. Appeal if the overpayment is wrong by the deadline on your notice.
3. If pandemic era (Feb. 2, 2020 – Sept. 4, 2021): review ESD’s factsheet and follow your account tools for waiver options.
4. If you can’t repay now: call Collections at 866-697-4831 to set up a payment plan.
5. Get help if needed: contact the Unemployment Law Project or a qualified professional.