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i think i read somewhere that the average wait for OAH heraings is like 8-10 weeks now dont quote me on that but its def getting worse every year. ive done two appeals (won 1 lost 1) and second one took way longer than first one trick is to call right when they open at 8am thats when u can actully get a human on the phone
One thing I forgot to mention in my earlier reply - once you do get your hearing scheduled, you may have the option to do it by phone rather than in person. I HIGHLY recommend doing it by phone if possible. It's less intimidating, and you can have all your notes and documentation spread out in front of you where you can easily reference them. Also, judges typically allocate 45 minutes for each hearing, so practice explaining your situation concisely. Focus on the key facts that demonstrate why you qualify for benefits under Washington law. The judge will likely ask both you and your former employer specific questions, so just answer truthfully without embellishment. The good news is that a significant percentage of appeals are decided in the claimant's favor, especially when the employer doesn't present strong evidence for disqualification.
45 minutes?? That seems so short to decide something this important. I'm definitely taking your advice about doing it by phone - I'd be way too nervous in person. I've started gathering my evidence already (emails, performance reviews, etc.) so hopefully I'll be prepared when the time comes. Really appreciate all the advice from everyone here. At least I know I'm not alone in dealing with this frustrating system.
One thing to consider: if the overpayment notice says it's due to unreported earnings, get an official earnings record from every employer you had during your claim period. You can also request your official wage records from ESD themselves as evidence. If there's a discrepancy between what you reported and what employers reported to ESD, that could explain the issue. Also, check whether they're claiming this was a fraudulent overpayment or non-fraudulent. The difference is important for penalties and repayment options. If they're alleging fraud, you'll want to take that very seriously.
Update: I was finally able to get through to ESD this morning. Turns out they somehow duplicated my entire claim history and counted it TWICE, plus they're claiming I didn't report income from a job I never even had! The agent said it looks like a system error combined with possible identity mix-up with someone with a similar name. She's escalating it to a supervisor but said I should still prepare for the hearing just in case it's not resolved by then. Thank you all for your help and advice!
That's actually great news! Make sure you get the agent's ID number or name, and ask them to note all of this in your file. Request that they send you written confirmation of what they found. Having documentation of this conversation could be extremely helpful at your hearing if it's not resolved beforehand.
my brother had something similar happen last year and what worked for him was gathering all his job search proof and writing a super detailed letter explaining exactly why he missed the deadline and proof he did everything right. the judge ended up being really understanding when they saw all the documentation. don't just say "i did the job searches" - PROVE it with screenshots, emails, names, everything you can find.
That's really encouraging to hear! We're putting together as much documentation as possible right now. Did your brother have his hearing in person or over the phone? Just wondering what to expect.
Just a heads up - even if you start an appeal process, they might still send the overpayment to collections if you don't set up a repayment plan in the meantime. They did that to me without warning and it damaged my credit score. The whole system is rigged against us!
Oh no, I hadn't even thought about collections! Do you know if setting up a minimal payment plan would prevent that while we go through the appeal process? We could probably manage $50/month or something small just to keep it from going to collections.
what happens with ur fmla? is it paid or unpaid? cuz if unpaid maybe u shud keep unemployment?? jus curious
Update: I called ESD this morning and they confirmed what most of you said. I don't need to formally cancel anything, just don't file weekly claims. The representative did make a note in my file about the FMLA situation, which she said would help if I need to reactivate my claim later. Thanks everyone for your help!
Luca Conti
One more important thing to consider: ESD may put you on a \
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Zara Ahmed
That's really helpful! My doctor has already documented that I need frequent breaks and can't stand for more than 20 minutes at a time. I'll ask if he can add more specifics about what kind of work I could do. Thank you!
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