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when you got the OAH attorney did you have to pay them anything upfront? or do they take a percentage of your benefits? trying to figure out if i can afford to appeal
The attorney was completely free! OAH has a legal aid program specifically for unemployment appeals. They don't take any percentage of your benefits either. When you file your appeal, there should be information about requesting legal representation - make sure to check that box. They'll contact you to determine if you qualify (most people do).
Just want to add some context that might help others: The success rate for appeals with legal representation is significantly higher than those without. According to OAH statistics from 2024, claimants with representation won approximately 67% of their appeals, compared to only 41% for those representing themselves. If you're denied representation through OAH for some reason, there are also nonprofit legal aid organizations like the Unemployment Law Project that can help. They specialize in unemployment cases and work on a sliding scale basis. Also worth noting that the appeal needs to be filed within 30 days of the date on your determination letter (not the date you received it). If you're close to that deadline, you can file a basic appeal immediately just stating you disagree with the determination, then submit additional documentation later.
same thing happened to me last month! "failure to report earnings" but i had zero income during pandemic! turns out they had me confused with someone with similar name who was working at amazon. took 3 appeals but finally got it fixed. check your quarterly wage reports in your eServices account - might show incorrect employer info if thats whats happening. def appeal this!
I had something similar happen but it was because a previous employer reported my final paycheck in the wrong quarter. Could be worth checking if maybe a final paycheck from your restaurant job was paid after you filed for unemployment? Even a single missing week can trigger these notices.
To address your tax refund question specifically: Yes, both federal and state tax refunds can be intercepted for ESD overpayments. For federal refunds, it goes through the Treasury Offset Program (TOP). For state refunds, it's handled directly by Washington Department of Revenue. However, if you file an appeal or waiver request, they may place a temporary hold on collection activities including tax intercepts. Make sure you request this specifically when you file your appeal.
Thank you for this clear explanation. I'm definitely going to appeal and request a hold on collections. I'm also going to look for all my documentation from when the restaurant closed. Hopefully they'll see this is just a mistake.
Is your husband on regular UI or on some special program? Sometimes the requirements are different. Also make sure he's answering all the job search questions correctly - I think you need to report 3 job search activities each week now. If he missed answering one of those questions on the phone, it might be why the system is acting weird.
Just following up - did the website update for you? Sometimes it takes until the next business day for everything to sync properly in their system.
has anyone else notice how the ESD website is always "down for maintenance" at the EXACT times u need to file ur weekly claim?? happened to me AGAIN last night when i tried to file right at midnight. seems suspicious...
Their system maintenance is scheduled for midnight to 4am on Sundays. It's on their website under System Availability. Best practice is to file your weekly claim during business hours on Sunday or Monday to avoid these maintenance windows.
FINAL UPDATE: My claim finally switched from pending to paid today! All 7 weeks of backpay are scheduled to hit my account tomorrow. Such a relief! If anyone else is stuck in pending limbo, definitely try the governor's office route - it took about 10 days total from when they got involved, but it worked when nothing else did.
congrats! bet that backpay is gonna feel good lol
Katherine Harris
have u tried hitting different numbers when the recording starts? sometimes if u press like 2 or 4 it takes u to different menus. also i found that calling around 10:30 sometimes works better than first thing in morning when everyone is calling
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Sophia Clark
•I've tried pressing every possible button combination! Sometimes I get different recordings but they all end up disconnecting me. I'll try the 10:30 timing tomorrow, thanks for the suggestion.
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Madison Allen
Just as an update for everyone - I checked the ESD website this morning and they've posted a service alert about unusually high call volumes due to a new claim system update. They're recommending people use the eServices portal for most issues right now. For adjudication cases that are over 4 weeks old like yours, they've added a special form in the eServices portal under "More Services" then "Submit Documents" where you can request an expedited review. That might be faster than continuing to call.
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Sophia Clark
•Thank you so much for this info! I just logged in and found that form. I've submitted all my documents again with a note about the financial hardship. Fingers crossed this helps move things along. Really appreciate everyone's advice!
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