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my hearing was a total disaster cuz i froze up when the judge started asking me questions!!! practice practice practice ur answers!!!
One more important tip - during your OAH hearing, the judge will ask if you've reviewed the ESD file/evidence. Make sure you and your lawyer request and review the complete ESD file before your hearing! This contains all the evidence ESD used to deny your claim, including any statements from your employer. You have a legal right to see this file before your hearing. If you haven't received it yet, your lawyer should request it immediately. Reviewing it prevents any surprises during the hearing and allows you to prepare responses to any misleading information. If you win your appeal, you'll likely receive all back benefits in one lump sum, so hang in there!
anyone know if theyre still requiring the 3 job search activities per week? i heard they might have changed it but the ESD website is so confusing
Just be aware that sometimes when you reopen a claim they automatically put you back in adjudication even if nothing's wrong. Happened to me TWICE. First time took 4 weeks to resolve, second time took 6 WEEKS!!! The ESD system seems designed to make people give up.
While adjudication can happen, it's not automatic for everyone reopening a claim. Having clear documentation about why your temp job ended (a letter from the employer stating it was a temporary position with a predetermined end date) significantly reduces this risk. The key is being proactive with documentation rather than waiting for ESD to request it.
One more thing to consider: Even if you win your appeal (which seems likely), there might be a delay before payments start. The employer has the right to petition for review of the ALJ's decision within 30 days. Some employers automatically file these petitions even when they didn't show up for the hearing. If they do file, it could add another 2-3 months before you receive benefits. However, if your financial situation is critical, once you receive a favorable decision, you can call ESD and request a hardship payment while waiting for the petition period to expire.
I didn't even think about that possibility! This whole process is already taking so long. I was laid off back in January, then found this job in February, and was terminated in March after only 3 weeks. It's now May and I'm still fighting for benefits. I'll definitely ask about the hardship payment if I get a favorable decision.
does anybody know how long it takes to get the decision after the hearing? mine took 4 weeks and i was going crazy checking the mail everyday!!
its criminal how they can just demand thousands back with no warning and then take forever to process waivers!!! my friend had his tax refund seized while waiting for a waiver decision and esd said 'oops sorry' but never gave it back
If your tax refund was seized while a waiver was pending, you can request a refund of those funds if the waiver is ultimately approved. It requires filing form ESD-800-084 and providing proof the collection occurred after your waiver submission date. There's a 90-day deadline for requesting this refund after waiver approval.
Update: I finally got through to ESD this morning after calling right when they opened. They confirmed my waiver was received but said there's a 14-16 week processing time currently! The agent was able to put a temporary hold on collections for 30 days, which helps a little. She suggested I send in additional documentation about my financial hardship to strengthen my case. Going to gather more paperwork now.
Great! That 30-day hold is crucial. Make sure to call back before it expires to get it extended if your waiver still hasn't been decided. For additional documentation, focus on demonstrating that repayment would cause significant financial hardship - include your current income, all expenses, any dependents, medical issues, housing insecurity risks, etc. The more comprehensive, the better your chances.
Zara Malik
To answer your notification question from earlier - ESD doesn't send payment notifications. You'll need to check your bank account or eServices portal to see when payments arrive. I recommend setting up text alerts with your bank for deposits. Also, definitely file your weekly claims on Sunday or Monday. While the initial application timing doesn't matter much, weekly claims are processed in batches, and earlier submissions tend to be in earlier payment batches. I've been tracking mine for months, and Sunday submissions always pay out faster than when I've waited until Tuesday or Wednesday.
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Sean Kelly
•That's super helpful! I'll definitely set up alerts with my bank and make sure to do the weekly claims first thing Sunday. Seems like that's the real key to getting paid as quickly as possible.
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Aisha Hussain
One important thing nobody mentioned - if you're applying now in 2025, know that the job search requirements are stricter than they used to be. You'll need to document at least 3 job search activities EVERY week once approved. Missing these or not properly documenting them can delay or stop your payments regardless of what day you filed initially.
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Nia Thompson
•Excellent point. The job search requirements are absolutely critical. Each week, you must complete and document 3 qualifying job search activities. Keep detailed records of employer names, contact information, positions applied for, application methods, and follow-up actions. The ESD can audit these records at any time.
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