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Please update us after you talk to ESD! I'm in a similar situation (different company but also MLM-ish) and I'm worried about my benefits too. Hoping your case goes well!
UPDATE: Finally got through to ESD this morning using Claimyr (thanks for that recommendation, it actually worked!). The agent was super understanding once I explained it was an MLM requiring me to pay for my own licensing. She noted in my file that this wasn't suitable employment and said I should continue filing my weekly claims as normal. Such a relief! She said they see this kind of predatory recruiting all the time with these companies targeting unemployed people.
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.
You're actually onto something there. ESD typically has reduced staffing around major holidays, which can add a few days to processing times. Filing in the first week of a month can also mean slightly longer waits as they process end-of-month reporting from the previous period.
UPDATE: Thank you everyone for all the helpful advice! I completed my WorkSource registration today (can't believe I missed that step!) and also double-checked that I don't have any adjudication or identity verification issues. Going to give it until the end of next week as suggested, and then try contacting ESD directly if I still don't see any movement. I really appreciate all the insights and timeline expectations - helps me plan better for bills knowing this delay isn't unusual.
Just to clarify some technical details on this topic: When you withdraw an unemployment claim that hasn't paid benefits, it's completely removed from the system with no negative impacts. The quarters used for your base year calculation are the first 4 of the last 5 completed calendar quarters before application. So filing on April 1, 2025 would use quarters: Jan-Mar 2024, Apr-Jun 2024, Jul-Sep 2024, and Oct-Dec 2024. Filing before April 1 would exclude the Oct-Dec 2024 quarter and instead use Oct-Dec 2023. If your earnings were higher in late 2024, waiting until April would definitely be beneficial.
Natasha Ivanova
One thing to be aware of - make sure you can document why you missed those filings. When I went through adjudication for missed weeks, they asked for evidence of why I missed filing. I had medical documentation which helped my case. Do you have anything from a doctor about your ADHD? That might help if they ask for proof of 'good cause' for missing the filings. Just something to have ready.
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PixelPioneer
•That's really good advice. I do have documentation from my psychiatrist about my ADHD diagnosis and treatment plan. I'll make sure I have it ready if they request it. Did you have to upload the documentation somewhere or just have it ready when they called?
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Natasha Ivanova
•In my case, they called me for an interview and then sent a secure link where I could upload the documents afterward. Having everything ready definitely sped up the process.
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Javier Garcia
I know waiting for adjudication is stressful but theres som good news in your situation. If youre still able to file and get paid for current weeks, that means your claim is active and in good standing overall. The adjudication is just for those specific missed weeks. In my experience with a similar situation, it took about 25 days for the adjudication to complete. Just keep filing on time while you wait!
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PixelPioneer
•Thank you - that's really reassuring! I'll definitely keep up with my current claims and try not to stress too much about the adjudication.
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