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btw the whole system is rigged. ESD always sides with employers first cuz they dont wanna pay out benefits. its all about saving money for them. but the appeal judges are seperate from ESD and actually listen to evidence. thats why so many denials get overturned on appeal. the system is designed to hope people give up without appealing.
This is a common misconception, but it's important to clarify: Initial adjudicators aren't incentivized to deny claims. They're making decisions based on available information, and employers often respond to claims while claimants may not provide their full side. The appeal process exists because initial decisions are made with limited information and time constraints. OAH judges have more time to thoroughly review evidence and hear testimony from both sides.
Thank you everyone for the incredibly helpful responses! I've started gathering all my evidence - emails showing approved absences, doctor's notes, and I'm reaching out to a couple sympathetic coworkers for statements. I'll definitely keep filing my weekly claims during the appeal process too. I'm going to try that Claimyr service tomorrow to hopefully speak with an ESD agent about exactly what they need from me. Then I'll draft a clear timeline and practice my testimony like several of you suggested. This whole situation is so stressful, but hearing your success stories has given me hope. I'll update this thread after my hearing to let everyone know how it went!
my cousin quit bcuz of harassment and got denied twice!!! the system is so unfair sometimes just warning u it might be an uphill battle
Each case is evaluated individually. The key difference is often in how specifically you document the hostile behavior and whether you attempted to resolve it before quitting. Vague claims of "harassment" without documentation are often denied, while specific documented incidents with dates and details have a much better chance of approval. Also, having a new job already lined up shows ESD that the claimant is serious about working, which strengthens their case.
Update: I filed my initial claim yesterday and selected "quit" with "hostile work environment" as the reason. I got a notice that my claim needs adjudication (which I expected from your helpful comments). The message says it could take 5-8 weeks for adjudication! That's longer than the gap until my new job starts. Should I still do the weekly claims while waiting? Will they backpay me for these weeks if approved? Really stressing about making rent now...
Absolutely continue filing your weekly claims even while in adjudication! If your claim is eventually approved, they'll only backpay for weeks you properly claimed. If you don't submit weekly claims, you won't get paid for those weeks even if your overall claim is approved later. And yes, adjudication is taking forever right now - I was in it for 7 weeks before they made a decision on my claim. Hang in there!
The whole system is RIDICULOUS. My cousin was Navy for 12 years and when he got out they made him jump through a million hoops just to get his unemployment. Had to prove he was looking for work CONSTANTLY even though the economy was terrible. And then they STILL messed up his payments multiple times!!! The way this state treats veterans is shameful!!!!! OP, if I were you I'd get a lawyer who specializes in veteran benefits to help with this. The ESD system is designed to DENY benefits not help people who need them!!!
After reading all the advice here, I think your best course of action is: 1. Apply for UCX benefits through ESD right away, even though you're past the 12-month window 2. Use Claimyr to actually reach a human at ESD who can review your specific situation 3. Visit WorkSource and ask specifically for their veteran employment representative 4. Bring your DD-214 and any other military service documentation to both ESD and WorkSource 5. Be prepared to explain why you didn't apply sooner (legitimate lack of awareness) Even if you don't qualify for retroactive benefits, you might still be eligible going forward. And the veteran specialists at WorkSource can help connect you with other resources regardless of what happens with your UCX claim.
I just remembered something else - when you get your hearing notice from OAH, it will have instructions for submitting evidence. Make sure you submit EVERYTHING at least 1 week before the hearing. I made the mistake of trying to introduce new evidence during my hearing and the judge wouldn't accept it because I didn't submit it ahead of time.
Yes, text messages are absolutely evidence you should submit! Take screenshots and organize them by date. Also, I forgot to mention - the OAH hearing will be by phone (not in person), so make sure you're in a quiet place with good reception when the time comes. Have all your documents spread out in front of you for easy reference.
Sunny Wang
Almost forgot to mention - if your waiver gets denied, don't give up! You can still request a payment plan. I know someone who got a 48-month payment plan with really low monthly payments. Not as good as a waiver but WAY better than having to pay it all back at once or getting your wages garnished!
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Everett Tutum
If you need some guidance on filling out the form, the Northwest Justice Project has a really helpful guide specific to ESD pandemic overpayment waivers. Just search "Northwest Justice Project ESD overpayment waiver guide" and it should come up. They walk through exactly what to include in each section and what documentation is most important. Also - be sure to check if you qualify for a "blanket waiver" which is different from the individual waiver process. In some specific situations, ESD is automatically waiving certain types of overpayments from the pandemic period. This includes cases where you were eligible under one program but should have been paid under a different program.
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Aria Khan
•I found that guide - it's incredibly helpful! After reading through everything, I think I might qualify for the blanket waiver since my overpayment notice mentions something about being paid under regular UI when I should have been under PUA. I'm going to call ESD (using that Claimyr service if I can't get through) to confirm if I'm eligible for the blanket waiver before I go through the whole individual application process. Thank you all for the help - feeling much less panicked now!
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