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Yes, definitely inform OAH that you're awaiting documents from a public records request. You can request that they schedule the hearing with enough time for you to receive and review those documents. They're generally accommodating with this type of procedural request.\n\nIf the hearing gets scheduled before you receive your documents, you can also file for a continuance (postponement) based on waiting for essential documentation. Just be sure to file that request as soon as you get the hearing date, not at the last minute.
I went back to work in January after being on standby since October. Filed my last claim, marked that I returned to work, and thought everything was fine. Then in March I got a letter asking why I stopped filing! Had to call and explain I was working again. So weird. The ESD systems seem really inconsistent about how they process returns to work.
One more important tip - make sure you print or save digital copies of ALL your weekly claim confirmations, especially the final one. ESD only keeps records accessible to you online for a limited time, and if there's ever a question or audit later, you'll want proof that you properly reported everything. I learned this the hard way!
Update: I talked with my attorney again and we're definitely going to file the waiver request. She says even though the decision says it can't be waived, that only applies to the appeal itself, not to the separate waiver process. I'll gather all my financial documents and proof that I reported correctly to include with the request. Thanks everyone for sharing your experiences - it's given me hope that this might work out after all!
Great decision! Make sure to submit copies (not originals) of all your supporting documents. Also, if possible, request an administrative hearing when you submit the waiver - this gives you a chance to explain your case directly to a judge if the initial waiver is denied. Good luck, and please let us know how it turns out!
Sorta off topic but did your lawyer charge a lot to help with the ESD stuff? My husband is dealing with a similar issue ($4800 overpayment) and we're wondering if hiring an attorney is worth it or if we should just handle it ourselves.
My attorney charges $250/hour, but she knows these cases well and has been efficient. For the waiver paperwork, she estimated 2-3 hours total. She said many people do handle it themselves successfully if they're organized and can clearly document everything. If your case is complicated or involves potential fraud allegations, professional help might be worth it.
my neighbor had something similar happen and what got her through the long wait for benefits was calling her utility companies, landlord, etc and explaining the situation. lots of places have hardship programs if you're waiting for unemployment to kick in. might be worth looking into before you're in a desperate situation?
One important thing to know is that if your employer contests your claim, ESD will schedule a fact-finding interview. This is when both you and your employer present your side of the story. Many people miss these calls because ESD often only gives a few days' notice, and if you miss it, your claim could be denied automatically. Once you file, check your ESD account and messages DAILY and answer any ESD phone calls even if you don't recognize the number. They often call from unmarked or blocked numbers. If you miss their call, there's usually no easy way to reschedule and it can add weeks to your claim processing time.
Caesar Grant
my cousin works at esd (not suppose to say this lol) but she says their computer system auto-denies TONS of valid claims and then the appeals backlog is crazy right now!!! like 12 weeks behind!!! might be faster to just try calling over and over until u get a actual person who can fix it without appeal. good luck!!!
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Cynthia Love
•12 WEEKS??? That's insane! I'll definitely try calling then. I've been trying without success but will keep at it. Thanks for the inside info!
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Darren Brooks
Any update on your situation? Did sending the paystubs work? I'm still dealing with my mess and wondering if I should try something different.
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Cynthia Love
•Still denied! I've been calling every day but can't get through. I'm going to try getting a letter from my temp agency as several people suggested, and I'm considering using that Claimyr service someone mentioned just to talk to a human. The most frustrating part is that I KNOW I qualify based on the 7x rule - I just need someone to actually look at my documentation!
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