DEO claiming I'm 'not available for work' after mentioning family care - fighting this determination
I'm beyond frustrated with DEO's mind games! I had a perfectly valid unemployment claim until my last fact-finding interview. The agent asked what I do during the week, and I honestly mentioned that I help care for my elderly mother on Tuesdays. Next thing I know, I get a determination saying I'm 'not available for work' and they've denied FIVE WEEKS of payments totaling $1,875! This is ridiculous - I'm actively looking for work, completing all required work searches, and available 6 days a week. One day of family responsibility and they cut me off completely? Has anyone successfully appealed this type of determination? I feel like they're playing gotcha games to avoid paying legitimate claims. I'm ready to fight this but want to know what proof I need to submit with my appeal.
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Gavin King
This is actually a common issue - they're very strict about the 'available for work' requirement. To successfully appeal, you need to prove you're available for work during the customary hours for your occupation. I went through this exact situation last month. Get a letter from your mom's doctor stating your care duties are flexible and can be rescheduled if work is offered. Also submit a statement explaining you're available to work all shifts except Tuesday afternoons but would arrange alternative care if offered a position requiring Tuesday work. Submit your work search records showing you've been actively applying. Appeals take about 4-6 weeks to process right now, but I did win mine with this approach.
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Mohammed Khan
•Thank you so much for this detailed advice! I never thought they would use something like family care against me. Do you know if I should keep claiming weeks while waiting for the appeal decision? And should I stop mentioning my mom's care in future fact finding interviews?
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Nathan Kim
omg they did the EXACT same thing to me!!!! mentioned i take my kid to school in mornings and BOOM - not eligible!! its like they train these people to find ANY excuse to deny benefits. whole system is rigged against us 😡
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Eleanor Foster
•The system isn't rigged, but the rules are very specific. Florida law requires you to be 100% available for work, which means no restrictions on days or hours. If you tell them you have any regular commitment that might limit your availability, they have to deny benefits. It's not about being fair - it's about following the exact letter of the law. If you have care responsibilities, you need to have a backup plan ready and make it clear you'd rearrange those responsibilities for work.
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Lucas Turner
You absolutely need to keep claiming weeks during the appeal! DEO won't tell you this but if you stop claiming and win your appeal later, they might not backdate the payments. Also document EVERYTHING. Record all calls (Florida is a two-party consent state so tell them you're recording), save screenshots of your CONNECT account, and keep detailed notes of all communications. DEO makes these kinds of errors constantly - they denied me saying I 'refused work' when I literally never got a job offer! Took 7 weeks but I won my appeal. I've been trying to call them for weeks to get them to fix an issue on my claim but keep getting disconnected or waiting forever. I finally found a service called Claimyr (claimyr.com) that got me through to an actual DEO agent in about 45 minutes. Totally worth checking out if you need to talk to someone about your case before the appeal - they have a video showing how it works: https://youtu.be/UzW_hbUy-ss?si=zORd51jeq1GX5Ldj
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Mohammed Khan
•Thanks for the claiming weeks tip - I was about to give up on claiming! I'll check out that service - I've been trying to speak to someone for days with no luck. Did they ask for personal details or anything when you used it?
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Kai Rivera
Everyone else gave good advice but wanted to add: when you file the appeal make sure to reference Florida Administrative Code 73B-11.021(4) which specifically states occasional or temporary limitations on availability don't automatically disqualify you. Just be super specific in your appeal that your Tuesday arrangement is flexible and you have backup care options if work requires it. DEO tries to trip people up on this all the time!
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Mohammed Khan
•This is EXACTLY what I needed! I had no idea there was a specific code to reference. I'll definitely include this in my appeal. Really appreciate this info!
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Anna Stewart
your making a big mistake telling them ANYTHING beyond the minimum required info... they look for ANY reason to deny. next time just say your available 24/7 period. dont give details
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Layla Sanders
•While I understand the frustration, I wouldn't recommend being dishonest. If they catch you in a lie, they can charge you with fraud and demand all benefits be repaid with penalties. It's better to be honest but phrase things carefully. Instead of saying "I can't work Tuesdays" say "I'm available for work and have arrangements for family responsibilities that can be adjusted to accommodate any work schedule." It's honest but doesn't create an artificial barrier.
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Nathan Kim
has anyone got a phone number that actually WORKS? ive tried calling 63 times today and either get busy signal or it hangs up!
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Lucas Turner
•The regular DEO numbers are basically useless. I tried for two weeks straight and never got through. I mentioned Claimyr in my earlier post - it's the only thing that worked for me after weeks of frustration. Some people have luck calling right when they open at 7:30am but even that's hit or miss.
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Gavin King
Update on my appeal timeline for reference: Filed appeal on March 3rd, received hearing notice April 2nd, hearing held April 11th, favorable decision received April 18th, backpay received April 25th. So about 7-8 weeks total from appeal to payment. The hearing was by phone and only lasted about 15 minutes. The hearing officer was actually very reasonable - nothing like the regular DEO staff.
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Mohammed Khan
•This timeline is super helpful, thank you! Did you have to submit all your evidence before the hearing or could you also explain things during the actual hearing call?
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Kai Rivera
One more important tip! When submitting your appeal, don't just use the online form - also fax a copy of your appeal letter and evidence to 850-617-6504. I found out they sometimes "lose" online appeals but having a fax creates a paper trail they can't ignore. Get a fax confirmation and keep it as proof of submission.
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Layla Sanders
•Great advice about the fax! I'd also suggest sending it via certified mail with return receipt as a third method of submission. The more documentation trails you create, the harder it is for them to claim they never received your appeal. Florida DEO has been known to miss appeal deadlines and then blame the claimant.
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