My question involves labor and employment law for the state of: Washington.
A little background)
I was on workers compensation for a on the job injury. They sent me to "one of their doctors" for a independent medical exam, well to cut to the chase the doctor never examined me said I could return to work with a 10% permanent shoulder injury judgement of $10,000. While on workers comp. my employer drug out authorizing a shoulder surgery long enough so they could get rid of me, they demanded I resign or be found in abandonment of my position. I wrote a letter and had them sign they received it saying I am not resigning and not abandoning my position...well I was let go.
I have an attorney he suggested I file for unemployment benefits while he fought the case using the $10,000 payment they sent to him for me for expenses.
I waited to file for unemployment for almost 3 months, until I knew for sure he was unable to get the decision overturned without a big fight.
I filed for benefits. Did all the job applications, attended workshops at work source, went to interviews and called in weekly to file my weekly claim.
About 4 or 5 months ago, my attorney called me and said my old employer, who is self insured was ordered to reopen my workers compensation claim by labor and industries, when he told me this I ceased filing for unemployment benefits immediately.
Apparently, when they were forced to reopen my claim, they were made to pay all retroactive workers compensation benefits to me (through my attorney) from when they closed it. The old employer deducted the $10,000 from that repayment amount giving my attorney the remaining $6200, which he took a 1/3 of, paid some medical bills I incurred for physicians to exam, file reports and treat me again.
Now the present, the unemployment office told me I was collecting unemployment benefits at the same time I was receiving workers compensation, NOT TRUE!
They stated I owe them nearly $6700 for the overpayment. I filed an appeal well within allocated time frame (have proof of this) after 45 days after appeal was sent in I called due to no return contact or reply. The unemployment office told me they never got my appeal, but since I had proof I sent it within the allocated time, they had me resend it to a employees email, which they received.
I cannot afford to pay this money back at this time. I'm low income, receiving food stamps and state medical. I was also a victim of vehicle vandalism which I had to borrow money from family to cover my deductible.
I informed the unemployment office of my financial hardship. Explained I never filed for unemployment benefits while receiving workers compensation, that in fact when told I would again receive workers comp. I immediately quit filing for unemployment.
They sent me a letter today saying if I do not pay $672 by November 21st, they will put a lein on any personal property, garnish any bank account etc. through superior court. They told me that I cannot get a waiver for the overpayment. I still have NOT gotten a hearing on my appeal.
I need some real help PLEASE!
A little background)
I was on workers compensation for a on the job injury. They sent me to "one of their doctors" for a independent medical exam, well to cut to the chase the doctor never examined me said I could return to work with a 10% permanent shoulder injury judgement of $10,000. While on workers comp. my employer drug out authorizing a shoulder surgery long enough so they could get rid of me, they demanded I resign or be found in abandonment of my position. I wrote a letter and had them sign they received it saying I am not resigning and not abandoning my position...well I was let go.
I have an attorney he suggested I file for unemployment benefits while he fought the case using the $10,000 payment they sent to him for me for expenses.
I waited to file for unemployment for almost 3 months, until I knew for sure he was unable to get the decision overturned without a big fight.
I filed for benefits. Did all the job applications, attended workshops at work source, went to interviews and called in weekly to file my weekly claim.
About 4 or 5 months ago, my attorney called me and said my old employer, who is self insured was ordered to reopen my workers compensation claim by labor and industries, when he told me this I ceased filing for unemployment benefits immediately.
Apparently, when they were forced to reopen my claim, they were made to pay all retroactive workers compensation benefits to me (through my attorney) from when they closed it. The old employer deducted the $10,000 from that repayment amount giving my attorney the remaining $6200, which he took a 1/3 of, paid some medical bills I incurred for physicians to exam, file reports and treat me again.
Now the present, the unemployment office told me I was collecting unemployment benefits at the same time I was receiving workers compensation, NOT TRUE!
They stated I owe them nearly $6700 for the overpayment. I filed an appeal well within allocated time frame (have proof of this) after 45 days after appeal was sent in I called due to no return contact or reply. The unemployment office told me they never got my appeal, but since I had proof I sent it within the allocated time, they had me resend it to a employees email, which they received.
I cannot afford to pay this money back at this time. I'm low income, receiving food stamps and state medical. I was also a victim of vehicle vandalism which I had to borrow money from family to cover my deductible.
I informed the unemployment office of my financial hardship. Explained I never filed for unemployment benefits while receiving workers compensation, that in fact when told I would again receive workers comp. I immediately quit filing for unemployment.
They sent me a letter today saying if I do not pay $672 by November 21st, they will put a lein on any personal property, garnish any bank account etc. through superior court. They told me that I cannot get a waiver for the overpayment. I still have NOT gotten a hearing on my appeal.
I need some real help PLEASE!
Unemployment Benefits: Being Threatened if I Don't Repay a Overpayment from the Unemployment Office
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