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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.
I'd like to clarify something important: when you receive a monetary determination after a denied claim, you should check two key things: 1. Look at the "Effective Date" on the new determination - if it's different from your original claim date, it could be a completely new claim period being evaluated. 2. Review the "Potential Benefits" section - even if it shows a weekly benefit amount, this doesn't mean you're eligible. It just shows what you would receive IF you qualified based on wages alone. The monetary determination is just one part of eligibility. If you were denied for insufficient hours initially, but this new determination shows different hours/wages, you might want to check if something changed in your wage record. Don't ignore this letter - either way, it's an official determination that could be appealed if incorrect.
One more thing to consider - if you applied for regular UI and were denied, but might qualify for another program like PIT (Paid Internship Training) or certain trade-specific benefits, the system sometimes automatically evaluates you for those. The new determination might be for a different type of benefit program entirely.
I didn't know that was possible! I was in a training program briefly last year, though I didn't mention that in my application. Maybe that triggered something in their system?
If you participated in an approved training program, that could definitely be relevant. ESD has several different programs with different eligibility requirements. The Commissioner Approved Training (CAT) program, for example, has different qualifying criteria than regular UI. I'd recommend reviewing all sections of the determination letter to see if it mentions any specific program name or type of benefit.
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.
his was over the phone - way easier than going in person. took about 45 minutes total. the judge asked a lot of questions but was actually pretty nice about the whole thing.
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.
That's correct - setting up even a minimal payment plan should prevent it from going to collections while your appeal is pending. Just make sure to get the payment plan documented in writing and keep proof of all payments made.
what happens with ur fmla? is it paid or unpaid? cuz if unpaid maybe u shud keep unemployment?? jus curious
This would be illegal. You cannot collect unemployment while on FMLA because UI requires you to be "able and available" for work. If you're on medical leave, you're certifying that you are NOT able to work. This is literally fraud and could result in having to pay back benefits with penalties.
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!
NebulaKnight
One more tip - when you call, ask for the name and contact information of the person you're speaking with at the governor's office. Then follow up with an email summarizing your conversation and thanking them for their help. This creates a paper trail and shows you're serious. I did this and included all my documentation as attachments (screenshots of my ESD account status, my call log showing all my attempt to reach ESD, etc.). The email follow-up seemed to really help move things along.
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Dylan Wright
•Smart approach! I'll definitely do this. I've been taking screenshots of all my attempts to contact ESD through the portal too, so I have those ready to send as well.
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Yara Haddad
OMG I had to call Gov Inslee's office TWICE and lemme tell you the second call was totally different than the first!! First time they were like "we'll look into it" and nothing happened for 3 weeks. Second time I called I mentioned I was working with a JOURNALIST about ESD problems (total bluff lol) and BOOM got a call from ESD leadership team the next day!! Sometimes you gotta get a little creative 😂
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Ava Rodriguez
•This made me laugh but honestly... whatever works! The system is so broken right now. I waited 16 weeks for my claim to process last year. Had to borrow money from family just to survive. It shouldn't take these extreme measures just to get someone to look at your claim.
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