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).

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.

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.

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...

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.

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.

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.

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.