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After 12-month battle, ESD finally paid my benefits - Appeal advice for denied claims

Finally got some relief after fighting with ESD for over a year! They just deposited partial payment for my benefits (about $4,800) but they still owe me for February and March 2025. The whole process has been a complete nightmare - I was initially denied because they claimed I "voluntarily quit" when my construction company actually laid me off due to project cancellations. For anyone dealing with ESD denial letters: DO NOT GIVE UP! File that appeal with the Office of Administrative Hearings (OAH) immediately. I didn't know this at first, but OAH provides free attorneys who actually understand unemployment law. My hearing was intimidating but my attorney demolished ESD's arguments. It took 14 months of weekly calls, constant messages, and three separate hearings, but I finally won. If you're in the appeals process now, stay strong and document EVERYTHING. Anyone else have success appealing a denial?

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

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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).

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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.

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This is really helpful information. I filed my appeal yesterday but didn't know about the representation statistics. I'm definitely going to request an attorney now. Do you know how long it typically takes between filing the appeal and actually getting a hearing date?

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ESD phone system keeps giving 'change address' message - can't reach an agent to resolve my claim

I've been trying to call the ESD claims center for 3 days now but every time I call, I immediately get that automated 'if you want to change your address' message. Nothing else! It doesn't even give me options to speak to an agent or check my claim status. Does this mean the phone lines are completely full? Has anyone else experienced this? I REALLY need to talk to someone about my pending adjudication - it's been 6 weeks and I can't pay my mortgage next month if this doesn't get resolved. Any advice on how to actually get through to a real person???

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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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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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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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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ESD sent overpayment notice without warning - missed appeal deadline - any options left?

I'm completely devastated right now. My husband just opened a letter from ESD stating we were 'overpaid' and now owe them $4,850 back! We checked the ESD portal and apparently they HAD sent messages there about this, but we never received any emails or other notifications alerting us to check the portal (or at least none that we noticed). The worst part is we've missed the appeal deadline by about 2 weeks. The letter claims he 'failed to provide adequate job search documentation' but he definitely entered all his job searches every week in the system as required. We never received ANY request for additional job search verification that I'm aware of. Does anyone know if there's still a way to appeal this after the deadline has passed? Do we have ANY options? We absolutely cannot afford to pay back nearly $5k right now, especially when my husband DID follow all the rules. This feels so unfair - they make the system incredibly confusing then punish people for not understanding it perfectly. I'm sorry for the emotional post but I'm desperate for advice. Has anyone successfully appealed an overpayment after missing the deadline?

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.

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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.

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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.

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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!

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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.

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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.

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Filed weekly claim by phone but ESD website says I still need to file - glitch?

So my husband is on his 5th week of claiming unemployment, and something weird happened yesterday. He filed his weekly claim using the phone system like he always does (prefers it over the website). Got the confirmation number and everything seemed fine. But when he logged into his eServices account today to check when the payment would come through, there was a message saying he still needs to file his weekly claim! Has anyone had this happen? Is this just a website glitch or did his phone claim not actually go through? Really worried about missing a payment right now since we're counting on it for our mortgage payment next week.

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.

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He's on regular UI, and he did report his 3 job search activities during the phone claim. The phone system confirmed everything was complete. That's why we're so confused about the website message!

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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.

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Yes! You were right - we checked this morning and the website now shows his claim as processed. The payment is pending for tomorrow. Looks like it was just a delay in their systems talking to each other. Thanks everyone for the help and preventing us from making things worse by filing twice!

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How to cancel UI benefits after being approved for FMLA?

So I just got approved for unemployment benefits last week but now my work has approved my FMLA leave (medical issue). I haven't filed my first weekly claim yet with ESD, but I'm wondering what the proper way is to cancel/stop the UI claim altogether? Do I just... not file weekly claims? Or is there some kind of formal cancellation process I need to follow? I don't want to accidentally commit fraud or have issues down the road if I need UI benefits later. Has anyone dealt with this situation before?

what happens with ur fmla? is it paid or unpaid? cuz if unpaid maybe u shud keep unemployment?? jus curious

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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.

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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!

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Glad you got it sorted out! Always feels good to get confirmation directly from ESD.

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