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One more important point: if you receive an unfavorable decision, you still have the option to petition for review with the Commissioner's Review Office within 30 days of the judge's decision. Many claimants give up after the first appeal, but the Commissioner sometimes reverses decisions, especially in cases involving mental health where the judge may not have fully considered all aspects of the situation. Make sure to carefully read the appeal rights section of your decision letter if you need to take this step.
I didn't know there was another level of appeal after the OAH judge! That's really good to know as a backup option. If I do have to go that route, would I need to submit additional documentation or just explain why I think the judge made an incorrect decision? And does the Commissioner typically take longer to decide than the OAH judge?
For a Commissioner's Review, you can submit both additional arguments and, in some cases, new evidence (though there are strict rules about what new evidence is allowed). The Commissioner typically takes 2-3 months to issue a decision, so it's not a quick process. If you go this route, I highly recommend getting help from the Unemployment Law Project, which provides free legal assistance for these cases.
I don't understand why they send approval letters and then make u wait MORE WEEKS for actual money. The whole system is designed to make people suffer i swear. I'm in week 6 of waiting for ANY money from my claim and have an eviction notice now. Approval letter came 3 weeks ago. This state is a JOKE.
I'm sorry you're going through this. If you're facing eviction, make sure to mention that when contacting ESD - they have procedures to expedite payments in hardship cases. Also, connect with your local DSHS office about emergency assistance programs that might help while waiting for unemployment benefits to start.
Update: Just called ESD (miraculously got through!) and found out what was happening. They told me my payments were pending because they were waiting on my previous employer to verify the reason for separation. The agent put a note on my account to expedite the process, and said I should see payments within 48-72 hours if everything checks out. She also confirmed my weekly benefit amount remains at $875 since I'm on the same claim. What a relief! Thanks everyone for your help and advice.
dont worry too much, when i won my appeal they let me backfile for all the missed weeks. took like another week to process tho after i did the backfiling stuff
Just checking in - any updates on your situation? Has ESD processed your payment yet or sent you the Redetermination Notice?
Yes! Finally got some good news! The ESD Redetermination came yesterday, and they're allowing me to backfile for the missed weeks. The agent I spoke with (finally got through!) said I should see the full payment within 3-5 business days. Such a relief! Thanks everyone for your help and advice through this process.
my cousin waited 2 months for her refund but her neighbor got it in 3 weeks so i think it just depends lol the whole pandemic benefit thing was such a mess my brother is still fighting his overpayment notice from 2021 can u believe that??
Update: It's been a week since my original post and I called ESD this morning (actually got through after only 45 minutes on hold!). The agent told me my refund has been approved but is in a processing queue. She said to expect it in about 3 more weeks and that I'll receive it via direct deposit. Just wanted to update in case anyone else is in a similar situation.
Sean O'Brien
Has anyone had their claims FINALLY processed after being pending forever, only to then have the payments get stuck in processing? That's where I am now - they fixed my pending claims but the money hasn't hit my account after 5 days!
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Nia Harris
•The first payment after resolving pending claims can take 3-5 business days depending on your bank. ESD told me if it doesn't arrive within 6 business days to contact them again. Did you check that your payment method is set up correctly in eServices?
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Aisha Ali
i treid calling the number like 20 times today and it just hangs up every time. what time did u call the governors office????
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Anastasia Smirnova
•I called around 10:30 AM on a Tuesday. I'm not sure if timing matters for the governor's office, but I've heard ESD itself is less busy right when they open or in the late afternoon. Keep trying, and maybe try the governor's office at different times if you don't get through!
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