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Administrative Law Judge here (though not with OAH). The current backlog for ESD overpayment appeals is indeed substantial. The official target is 90 days from appeal to hearing, but in practice, most cases are running 120-150 days due to the high volume of appeals following the post-pandemic audit wave. A few important points: 1. While waiting, continue checking your eServices account weekly and respond to ANY requests for information immediately. 2. You can file a hardship request to temporarily pause collection activities while your appeal is pending. 3. Start preparing now - organize chronologically all documents showing your eligibility, work search activities, and any communications with ESD. 4. Once you receive a hearing date, you'll typically have 5-7 business days to submit your evidence packet to OAH. 5. Consider requesting a pre-hearing conference if your case involves complex eligibility issues. The wait is frustrating, but over 40% of appeals result in complete or partial reversal of overpayment determinations, so preparing thoroughly is worth the effort.
Just wondering - did they actually explain WHY they think you weren't eligible? My notice was super vague and it wasn't until the hearing that I found out they thought I hadn't been looking for work properly (which wasn't true).
They said I didn't meet the work search requirements because I only documented 2 activities per week instead of 3. But during that period I was on a partial standby because my employer said they'd be bringing me back part-time. I have emails proving this that I submitted with my appeal.
That sounds EXACTLY like my situation! Make sure you highlight that standby status in your hearing - that's what saved me. If you were formally on standby status (even partial), the work search requirements are different. Print out the standby rules from 2025 to bring to your hearing.
The portable benefits legislation for gig workers is still in development - nothing concrete has been implemented yet that would help 1099 contractors qualify for unemployment in Washington. It's been discussed for years but hasn't made it through as actual policy. One additional thing to mention: some companies misclassify workers as 1099 contractors when they should legally be W-2 employees. If you work set hours, use their equipment, work on-site, and they control HOW you do your work (not just the end result), you might actually be misclassified. In that case, you could potentially file for unemployment and request an investigation into your employment status. But that's a lengthy process with no guaranteed outcome.
THIS!! 👆 I was "1099" for a tech company that treated me EXACTLY like an employee - set hours, their equipment, had to be in their office, had a manager, etc. When they let me go I filed for unemployment anyway and explained I thought I was misclassified. ESD investigated and I ended up getting benefits! Took FOREVER though and the company fought it hard.
i think everyone's missing something important here - even if u cant get regular unemployment as 1099, u should STILL KEEP DETAILED RECORDS of all ur work!! dates, hours, clients, contracts, everything!! during covid they had PUA for self-employed ppl & having good records made it WAY easier to prove ur income. who knows what other programs might come along in the future? better to have the records & not need them than need them & not have them!!
The SAME EXACT THING happened to me last year!!! I was literally just on vacation in Mexico for 2 weeks and they flagged my account and put me in adjudication for like 7 weeks! It was a NIGHTMARE!!! I finally got through on the phone after calling 63 times (not exaggerating) and the agent was able to see that my case just needed a simple review. She escalated it and I got paid for all my weeks 3 days later. So my advice is KEEP CALLING no matter how frustrating.
That's both encouraging and discouraging to hear. I'm glad you eventually got it resolved! Did you try calling at any particular time of day that seemed to work better?
I finally got through on a Tuesday around 2:30pm. I think it's mostly luck honestly. But definitely keep trying!
Just a quick update on my earlier comment - when contacting your state representative, be sure to include: 1. Your full name as it appears in eServices 2. Your claim ID number 3. The date your claim went into adjudication 4. A brief (2-3 sentence) explanation of your situation 5. Permission for them to inquire about your claim on your behalf This helps them take action more quickly. Their staff are used to helping with ESD issues and often have dedicated contacts who can look into your case. Also, while you wait, make sure you're meeting the job search requirements each week and documenting everything properly. If your adjudication resolves favorably, you'll want those weeks to be payable immediately.
Thank you for the additional information! I just sent an email to my representative with all the details you suggested. Fingers crossed this helps move things along. And yes, I'm keeping careful records of all my job search activities each week.
Wait do we still have to do job search for holiday weeks? I didn't think stores were hiring between xmas and new years so I didnt do anything that week...
Yes, you absolutely need to do your job search activities EVERY week you claim benefits, including holiday weeks. The requirement is 3 job search activities per week in Washington. If you didn't complete them for the 12/24 or 12/31 weeks, that could be causing your delay - or worse, might lead to a disqualification. I'd recommend completing some activities immediately and updating your job search log if possible.
Holiday processing delays happen every year. Here's a quick breakdown of what to expect with ESD payments: 1. Normal weeks: Processing takes 1-2 business days after you file 2. Holiday weeks: Processing takes 3-5 business days 3. End-of-year weeks: Can take up to a week As long as your claim shows "processing" and not "pending" or "disqualified," you're in good shape. The money will come through, just a bit later than usual. The new 2025 budget year transition also adds some extra processing time.
Update for anyone finding this thread: Current ESD adjudication is taking 4-7 weeks on average as of March 2025, according to their latest performance metrics. The backlog is worse for claims involving employer disputes or employment separations that aren't straightforward layoffs. For the original poster - make sure you're documenting all your job search activities (minimum of 3 per week) while waiting. If your claim is eventually approved, you'll need those records to receive backpay for the weeks you've been waiting. Also, if you're truly facing eviction due to the delay, mention that specifically when you do reach an agent - they have a hardship escalation process for people at risk of losing housing.
Thank you for the update and advice! I've been keeping detailed records of my job search activities (actually doing 5+ applications per week). I didn't know about the hardship escalation - I'll definitely mention that if/when I reach someone.
My adjudication took 5 weeks and when I finally got through to someone, they told me the issue was that my previous employer hadn't responded to their request for information. Have you tried contacting your previous employer's HR department? Sometimes they're sitting on paperwork and don't realize they're holding up your benefits.
I hadn't thought about that angle! I'm still on good terms with my former manager - I'll reach out to him tomorrow and ask if he can check with HR about any pending ESD requests. Thanks for the suggestion!
Forgot to mention - make sure you're still doing your 3 job search activities every week and logging them! Even during adjudication, you need to keep up with those or you could create new issues for yourself.
Yes, I've been religiously doing my job search activities and documenting everything. I'm terrified of giving them any reason to delay things further!
the unemployment system is designed to be confusing and frustrating so people give up. dont let them win!!
^^^ this is 100% true. my friend who works at a state agency (not ESD) said they literally count on a certain % of people giving up.
The legal distinction here is important. Under Washington unemployment law, if you were terminated for "misconduct" you can be disqualified from benefits, even if the initial separation was a layoff. The key for your appeal will be proving either: 1) You didn't violate any known company policy by doing side work during layoff, OR 2) Even if there was a policy, your violation wasn't serious enough to constitute "misconduct" under unemployment law Misconduct has a specific legal definition for unemployment purposes that's often more narrow than what employers think. Simple poor judgment or minor policy violations often don't rise to the level of disqualifying misconduct.
so basically its all bout the specific wording in the company handbook??? thats crazy man, no1 even reads those things when they get hired!
I just checked all my paperwork and found something interesting. My layoff letter specifically says "temporary layoff due to seasonal work shortage" and mentions an expected recall date in April. It doesn't say anything about restrictions during the layoff period. Would this help my case? I'm definitely going to appeal now.
Yes! That letter is extremely valuable evidence for your appeal. It establishes that you were legitimately laid off initially and given no restrictions about other work. Be sure to bring a copy to your hearing and reference it specifically. This significantly strengthens your case, especially if there's no clear written policy prohibiting side work during layoffs.
That's such a relief to hear! I'm going to file my appeal online today and include that information. Thanks everyone for your help - this has been so stressful trying to figure out by myself.
While contacting the governor's office (360-902-4111) or your state representative can sometimes help, be aware that they're receiving many similar requests. For faster resolution, make sure you've exhausted the normal ESD channels first: 1. Check if your adjudication issue requires any documents from you in your eServices portal 2. Try calling ESD at different times (early morning tends to be better) 3. Make sure you're continuing to file weekly claims while waiting 4. If you have a WorkSource appointment, don't miss it as this can further delay your claim When you do contact the governor's office, have your claim ID ready, be specific about how long you've been waiting, and explain any financial hardship you're experiencing. This information helps them prioritize cases.
Thank you for the detailed advice! I've definitely been keeping up with my weekly claims and checked eServices - there's nothing there requesting additional info from me. My WorkSource appointment isn't until next month. I'll try the governor's number and make sure I have all my claim details ready.
I've been on adjudication for 9 weeks now and feeling your frustration! I don't think the governor's office helped me much but my state senator's office definitely did. The trick is to clearly explain the financial hardship - I was about to be evicted and mentioned that specifically. Their constituent services person got back to me within 48 hours and my claim was resolved the following week. Did you receive any notification about why you're in adjudication? Mine was because of a job I quit in 2023 even though I'd worked two jobs since then! The whole system is so broken.
Thanks for sharing your experience. No, I haven't received any explanation for the adjudication - that's part of what's so frustrating! I have no idea what they're investigating or if they need something from me. I'll definitely emphasize the financial hardship if I call the governor's office.
this happened to me to! the id.me thing fixed it but took another week after that. they backdated all payments tho
UPDATE: I completed the ID.me verification and got an email this morning saying my identity is now verified! My claim status changed from "pending" to "processing" so it looks like things are finally moving. THANK YOU all for your help - especially for pointing out the SAW verification issue. I would have never figured that out on my own since ESD never mentioned it anywhere.
Great news! The "processing" status typically means you should see payment within 48-72 hours. Just keep filing your weekly claims as normal, and you should receive all back weeks as well. Glad it worked out!
Kaitlyn Otto
My sister-in-law works for WorkSource and she said people take breaks from Training Benefits all the time. Just make sure you document everything! Take screenshots of your eServices messages and record the date/time of any phone calls with ESD. The system works fine when you do things right but can be a nightmare if there are misunderstandings.
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Ellie Kim
•This is so true! I've been on unemployment three times in my life and documentation saved me every time. Take notes during your calls with claim specialists too - get their ID number if possible!
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Kristian Bishop
Anyone else notice how the ESD website gives ZERO clear information about this specific situation?? It's like they deliberately make everything confusing so they can deny claims later! I spent HOURS searching for an official policy about pausing training and found NOTHING!
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Axel Far
•You're right that this specific scenario isn't clearly addressed on their website. The closest reference is in the Training Benefits FAQ where it mentions that you must be making satisfactory progress in your approved training program. A formal pause for valid reasons (like course availability) can be considered part of your training plan, but you do need to communicate with ESD about it rather than just stopping and restarting claims.
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