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To directly answer your timeline question: Currently in Washington state, the average wait time from appeal filing to hearing notice is approximately 4-5 weeks, with an additional 2-3 weeks until the actual hearing date. However, this can vary based on current case volume. Here's what you should do while waiting: 1. Continue filing your weekly claims without interruption 2. Maintain detailed records of all job search activities (3 per week minimum) 3. Gather documentation of past job search activities, especially for the weeks in question 4. Watch for mail from both ESD and the Office of Administrative Hearings (OAH) 5. Check your spam/junk folder for emails, as some notices are sent electronically Approximately 60% of work search related appeals are successful when the claimant provides thorough documentation at the hearing.
Thank you so much for this detailed response! It really helps to have a clear timeline and checklist of what to do. I'll start organizing my documentation right away.
my roommate had their hearing over the phone it was super easy actually
Yes, most OAH hearings are conducted by phone now. You'll get instructions with your hearing notice about how to call in. They usually give you a specific time window and a conference line to join. Make sure you're in a quiet place with good reception and have all your documents ready. The judge will explain the process at the beginning of the call.
has anyone else noticed they always seem to put first-time claimants in adjudication? happened to me and like 5 other people i know. almost like they do it automatically for new people
It's not automatic for first-time claimants, but new claimants are more likely to have separation issues that require adjudication since they don't have an established claim history. Also, with no prior claims, there's no baseline for comparison, so the system may flag more potential issues for review.
UPDATE: I finally got through to ESD this morning after trying for days! They told me my claim is in adjudication because my employer reported a different reason for separation than what I put. I said I was laid off due to lack of work, but apparently my employer is claiming I was terminated for performance issues (which is NOT true). The agent said they'll be scheduling a phone interview with both me and my employer separately to determine what actually happened. At least now I know what's going on. She estimated 3-4 more weeks before resolution. Going to call my mortgage company to see if I can get an extension. Thanks everyone for your help explaining this!
I'm dealing with a current overpayment, so I'm jealous you're getting a refund! But honestly I'm super confused about something - why would they determine you don't have to pay back an overpayment AFTER you already paid it?? Doesn't that defeat the whole purpose? Shouldn't they have figured this out BEFORE making people pay thousands of dollars?? The whole system seems backwards!
You're absolutely right that it seems backward. What happened is that a recent court ruling forced ESD to review their overpayment determinations from certain time periods. The court found that some of ESD's processes were not properly following federal guidelines for determining fault in overpayment cases. Rather than review each case manually (which would take years), they're using an automated review process to identify cases that qualify for refunds based on the new interpretation of the rules. If you're currently dealing with an overpayment, you might want to look into whether your case falls under any of the categories being reviewed. The main categories are: 1. Pandemic-related eligibility misunderstandings 2. Working part-time while claiming benefits where reporting errors occurred 3. Cases where claimants were not properly informed of reporting requirements You can request a review of your overpayment determination even outside the automated process.
my sister got her refund after 5 weeks so theres hope! just hang in there
theres another trick i learned. when u get the "all lines are busy" message, dont hang up right away. wait about 30 seconds sometimes it will actually put u in the queue anyway. worked for me twice now. the system is weird like that lol
UPDATE: I got in!!! Combination of several suggestions here worked. I searched my old emails and found which SAW ID was the right one. Then I used the separate SAW help desk number that someone suggested, and got through after only 20 minutes on hold. They reset my password and verified my account. The agent also gave me a direct number to the ESD technical support team (not the main claims line) which I'm happy to share: (360) 507-9195. Thanks everyone for your help! Now I can finally start my claim process.
Omar Zaki
Has anyone mentioned the burden of proof yet? In BAP hearings (and regular appeals too), the burden is on ESD to prove you were overpaid, not on you to prove you weren't. Make sure to emphasize that in your written statement if you go the BAP route. Don't just defend yourself - directly challenge whether they've met their burden of proof with actual evidence (not just their system assumptions).
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AstroAce
•Excellent point about burden of proof. This is often overlooked and can be a powerful argument in overpayment cases. ESD must have specific evidence of misreporting, not just inference based on their internal calculations.
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Isabella Ferreira
•I didn't even think about this aspect! I've been so focused on defending myself that I didn't consider challenging them to prove their claim. Thank you for this perspective!
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Ravi Sharma
UPDATE - I just wanted to share that I got my BAP decision today and ESD has COMPLETELY dropped the overpayment!!! All that stress for nothing! The review officer specifically said my documentation clearly showed I reported everything correctly. So glad I went with the BAP instead of another phone hearing!
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Isabella Ferreira
•That's amazing news! Congratulations! You've given me hope that this nightmare might actually end in my favor too. I'm definitely going forward with the BAP approach now.
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