What is equitable estoppel?
(1) Equitable estoppel is a legal doctrine defined in case law that may prevent DSHS from taking some action against you, such as collecting an overpayment. (2) There are five elements of equitable estoppel. The standard of proof is clear and convincing evidence. You must prove all of the following: (a) DSHS made a statement or took action or failed to take action, which is inconsistent with a later claim or position by DSHS. For example, DSHS gave you money based on your application, then later tells you that you received an overpayment and wants you to pay the money back based on the same information. (b) You relied on DSHS’ original statement, action or failure to act. For example, you believed DSHS acted correctly when you received money. (c) You will be injured to your detriment if DSHS is allowed to contradict the original statement, action or failure to act. For example, you did not seek help from health clinics or food banks because you were receiving benefits from DSHS and you
