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I had my appeal hearing with OAH about two weeks ago and still haven't heard anything about the decision. The judge didn't give me any timeline for when to expect results. I keep checking my eServices account daily but there's no update there. The notice said they would mail the decision, but how long does that usually take? Starting to get really anxious since I've been without benefits for almost 2 months now while this gets sorted out. Has anyone gone through the appeal process recently and can tell me how long it took to get your decision?
I'm beyond frustrated right now. Been laid off for 6 weeks from my manufacturing job, and ESD just disqualified me because I withdrew $2,900 from my 401k to make my mortgage payment while waiting for my UI to process. Their adjudicator said my 401k withdrawal counts as 'income' and reduces my benefits! I've read the laws and nowhere does it say personal retirement funds count as income that offsets unemployment insurance. The employer pays into the UI system, not my 401k! Anyone else deal with this ridiculous situation? I'm appealing but need help with what exactly to write in my appeal. This seems completely illegal - they can't force us to drain retirement savings before getting the UI benefits our employers paid for!
I'm at absolute rock bottom because of ESD's silence. I've filed unemployment claims for TEN STRAIGHT WEEKS and every single one is still stuck on 'pending' with zero explanation. Today I got the most insulting email from ESD saying they're 'worried' because I 'hadn't responded before their deadline' - ARE YOU KIDDING ME?? I've sent them at least 15 messages through eServices that have gotten ZERO response. I call daily but just get the 'high call volume' message and disconnected.\n\nThe consequences have been catastrophic. I'm literally living in my car now. I had to drain my entire 401K ($14,500) just to survive the first month, but now that's gone too. My phone service is about to get cut off, which means I'll lose my only way to even TRY contacting ESD. No health insurance. No car insurance. Behind on EVERYTHING. Borrowing from family who are getting tired of helping.\n\nI even called the governor's office out of desperation last week. They took my info and said someone would expedite my claim, but NOTHING HAS CHANGED. How can ESD possibly email me saying THEY'RE worried when they've completely abandoned me?? I'm on the verge of having to go to a shelter. Has anyone found ANY way to actually get ESD to respond?
I just found out I was disqualified for unemployment benefits after waiting SIX WEEKS in adjudication! The letter says something about 'failure to provide sufficient documentation of work availability' but I submitted everything they asked for! I'm freaking out because I really need these benefits. If I file an appeal, does that mean my case gets assigned to an actual judge? Has anyone gone through this appeal process with ESD? How long does it take? Do I need a lawyer? And should I keep filing my weekly claims during the appeal or is that pointless now?
Dont u have to do 3 job searches every week too? Maybe thats why u got denied? My cousin got denied for missing 1 week of job searches even tho he was looking but forgot to log them.
I did all my job searches and logged them every week! The letter specifically mentions "work availability documentation" not job searches. I think it's related to some questions they asked about my availability to work different shifts.
That's an important distinction. "Work availability" usually refers to your ability and availability to accept suitable work, while job search activities are a separate requirement. If they questioned your availability for certain shifts, you'll want to address that specifically in your appeal with documentation showing you were in fact available for suitable work.
My sistrs boyfriend got disqualifed too but he didnt appeal it he just applied for a different type of uneployment and got that instead maybe try that?
There aren't different "types" of unemployment you can simply apply for if you're disqualified. There are different programs (regular UI, extended benefits, etc.), but if you're disqualified from regular UI for availability issues, those same issues would affect eligibility for other programs. Appeals are the proper way to challenge a disqualification.
Filed my weekly claim last Sunday night like usual, but it's still showing 'pending' in my ESD account. It normally gets processed by Tuesday or Wednesday at the latest. Is the holiday screwing things up for everyone else too? I'm getting worried since I've got rent due soon and was counting on this payment. Anyone know if ESD is just backed up from the holiday or should I be concerned something's wrong with my claim?
this happened to me last yr too hate how they dont tell u anything then your just waiting and panicking for no reason
I had this problem back in February (not even a holiday!) and my claim was stuck in pending for THREE WEEKS! It turned out there was some flag on my account because I'd picked up a one-day gig but reported it correctly. Had to talk to three different people at ESD before someone finally fixed it. The whole system is a mess honestly.
ApolloJackson
Has anyone ever received their decision by email instead of mail? My friend said he got his by email but I haven't received anything like that and now I'm worried I missed something important!
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Grace Patel
OAH typically doesn't send decisions by email for security and verification reasons. Official decisions come through postal mail. Your friend might be confusing the hearing notification (which can come by email if you opted for electronic communications) with the actual decision document.
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Charlie Yang
Update: Just got my decision in the mail today! Exactly 17 days after the hearing. So relieved it came through and didn't get lost. And even better news - I WON MY APPEAL! The judge agreed that ESD's initial disqualification was incorrect. Just wanted to update everyone who responded and say thanks for helping me stay patient during the wait.
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Isabella Russo
Congratulations! Make sure to keep that decision document safe. Also, be aware that ESD has the right to petition for review within 30 days, though it's relatively rare for them to do so for standard cases. If your back benefits don't appear in your account within 2 weeks, you may need to contact them for processing.
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