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I went through an OAH hearing last year and won. Here's what helped me: 1. I organized a binder with tabs for each piece of evidence, numbered to match the exhibits 2. I wrote out answers to likely questions so I wouldn't get flustered 3. I practiced explaining my situation in under 2 minutes (judges appreciate conciseness) 4. I made a simple timeline showing key dates (when housing issue arose, when I notified employer, when I moved, etc.) 5. I had documentation showing I'd been applying for jobs consistently Stay calm during the hearing, address the judge respectfully, don't interrupt anyone, and stick to the facts. The judge will likely ask if you've reviewed all exhibits - make sure you have! Definitely use the Unemployment Law Project - they can review your case and might even represent you at the hearing if they have availability.
Thank you! I really like the binder idea with tabs matching the exhibits. I'll definitely do that. And writing out answers to practice is smart - I tend to ramble when I'm nervous. Did you have to wait long for the decision after your hearing?
I got my decision in about 10 days, but I've heard it can take up to 2-3 weeks. One more tip: if the employer has submitted something that's factually wrong, don't get angry or argumentative - just calmly present the evidence that contradicts it. The judges really respond well to a professional, factual approach even when you're disproving the other side's claims.
btw did they actually told u why they denied u? my letter was so vague i had no idea what they were even saying i did wrong lol
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.
yeah they ended up paying me everything but it was super stressful waiting! i almost missed a car payment. hope u get yours fixed faster!!
Update: I managed to get through to ESD this morning! Called right at 8:00 AM like someone here suggested and only waited about 20 minutes. The person I spoke with was actually helpful and explained that my adjudications were for: 1. Job separation issue (my employer is claiming I quit) 2. Potential availability issue (because I mentioned possibly taking classes) 3. Wage verification (they need paystubs from a previous job) She expedited my claim due to financial hardship and consolidated the issues under one adjudicator. She said I should hear something within 5-7 business days! Thank you all for your advice - it really helped me understand what was going on and how to address it.
Mila Walker
Something else to consider - filing deadlines for Supreme Court are SUPER strict. Missing even by one day means automatic loss. Make sure you're counting calendar days not business days. Also remember you need to serve ESD's attorneys too, not just file with court.
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Ethan Clark
•Thanks for the reminder! My Court of Appeals decision was issued on February 7th, so I need to file by March 9th. That gives me just over two weeks to get everything together. I'll make sure to build in extra time for any issues that might come up.
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Logan Scott
One last suggestion - check if any law schools in your area have legal clinics. Sometimes they take on interesting cases like yours as teaching opportunities for law students (supervised by professors). Might be worth a call to see if they'd be interested, especially since multiple attorneys think your case has merit.
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Ethan Clark
•That's a brilliant idea! There are a couple of law schools within driving distance. I'll reach out to them tomorrow. Even if they can't take the whole case, maybe they could help me with drafting the petition. Thank you so much for this suggestion!
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