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ESD claim switched from IVR to pending - will I get paid during adjudication?
I've been checking my ESD account obsessively and noticed something weird today. My claim status changed from IVR-processing to pending, which from what I've read is probably not great news. But here's the confusing part - my total benefit amount actually went DOWN and now there's a specific dollar amount showing in the weekly benefit section that wasn't there before ($674). Does this mean they might pay me while my claim is in adjudication? I'm so confused about what's happening. My bills are piling up and I really need to know if I should expect money soon or if this is just another step in the waiting game. Has anyone experienced this status change and actually received payment?
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Can I keep partial ESD benefits while working 10 hrs/week in my industry?
I just had my unemployment benefits finally approved after weeks of waiting (thank goodness!) but now I've been offered a part-time position at 10 hours per week. It's in the industry I want to be in long-term, so I'd really like to accept it, but it's nowhere near full-time hours or my previous salary. Can I still claim partial unemployment benefits while working these reduced hours? How would I report this on my weekly claim? I don't want to mess anything up after finally getting my benefits flowing. Has anyone had experience with this part-time work situation?
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question - does anyone know if accepting part time work affects your job search requirements? do you still have to do the 3 job search activities every week even if you have a part time job now? i'm confused about this part.
Yes, you still need to complete your 3 job search activities each week even if you're working part-time. The only way to have this requirement waived is if you're officially on standby (temporary layoff with return date) or in an approved training program. A part-time job doesn't change your search requirements since ESD considers you to still be looking for full-time work.
Update: I accepted the part-time position and reported my first week of work on my weekly claim. The process was pretty straightforward - I just had to enter my hours worked each day and the gross pay before taxes. My benefit was reduced but I still received a partial payment. Thanks everyone for the advice! I'm relieved I can gain experience in my field while still getting some unemployment support until I find something full-time.
Great to hear it worked out! One additional tip: if your hours increase or decrease from week to week, make sure to accurately report each specific week's hours/earnings rather than averaging or estimating. ESD's system does occasionally cross-check with employer reporting, and discrepancies can trigger adjudication delays. Best of luck with the new position!
Can I recover attorney fees from ESD after winning my unemployment appeal?
After 5 months of fighting with ESD, I finally won my appeal hearing last week! My former employer claimed I was fired for misconduct (I wasn't - they were downsizing but trying to avoid UI charges). The administrative law judge ruled completely in my favor, and I'm supposed to get about $12,500 in back benefits. Here's my question: I had to hire an attorney who helped prepare my case and represented me at the hearing. That cost me almost $2,100 which is a lot of money when you're unemployed. Is there any way to make ESD pay my legal fees since I won? The whole ordeal was incredibly stressful and completely unnecessary. Does anyone have experience with recovering legal costs after winning an appeal?
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Hey, so I'm an accountant (not a lawyer!) and wanted to mention - check with your tax preparer because your legal fees related to getting unemployment benefits might be tax-deductible on your federal return. It falls under "miscellaneous deductions" in some cases. Won't get you the full amount back, but could reduce your tax bill a bit depending on your situation.
not true anymore sadly. The Tax Cuts and Jobs Act eliminated miscellaneous deductions subject to the 2% floor for tax years 2018-2025. legal fees for getting unemployment benefits used to be deductible but aren't currently. source: I'm a tax preparer
One other thing to consider - how quickly do you need your back benefits? After winning my appeal, it still took ESD about 3 weeks to process the payment. If you're in a rush to get those funds, calling ESD directly after 7-10 business days to check on the status can sometimes speed things up. Just be prepared for a long wait time to speak with someone.
That's good to know. It's been 4 business days since the judge's decision, and nothing has happened in my online account yet. I'll give it a few more days before I start calling. I definitely need those funds ASAP after draining my savings on rent and legal fees these past months!
ESD disqualified me after pay/hours cut - employer claims 'personal reasons' for quitting - help with appeal?
So frustrated with ESD right now! My employer reduced my hours and pay by 25% in August 2024, and after trying to make it work for 3 months hoping things would improve, I finally resigned in November. I had multiple conversations with management about returning to full-time status, but they kept saying 'maybe next month' and it never happened. I have the official letter they sent me with the pay/hour reduction details. I applied for UI benefits and actually got approved initially - received benefits for about two weeks. Then suddenly ESD disqualified me saying my employer claimed I quit for 'personal reasons' not because of the reduction in hours/pay! My resignation letter just stated the date of resignation without specifying reasons (big mistake, I realize now). I've already filed an appeal, but have two questions: 1) Is there anything in the ESD handbook or website that specifically states I had to inform my employer IN WRITING about my reason for quitting? I can't find this requirement anywhere. 2) Does my former employer have a financial incentive to fight my claim? Do they pay more unemployment insurance when former employees collect benefits, or is it just a flat rate regardless? They're having serious financial problems which might explain why they're being dishonest about my separation. The appeal hearing is in three weeks and I'm trying to prepare properly. Any help is appreciated!
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my cousin works at esd and she says they always side with employers nowadays... system is broken
This isn't accurate. ESD decisions are based on state law and the specific facts of each case. While initial determinations sometimes favor employers (who often have better documentation), many claimants win on appeal when they properly present their evidence. About 40% of claimant appeals are successful at the OAH level. The system has challenges, but it's not inherently biased against claimants.
Thanks everyone for all the helpful advice! I've been taking notes and feel much better prepared for my appeal hearing now. I'll definitely organize my evidence showing the pay cut and my attempts to resolve it before quitting. I'm still trying to reach someone at ESD to find out exactly what my employer claimed, but it's nearly impossible to get through on the phone. Might try that Claimyr service if I can't get through in the next few days.
Good plan. One more thing - if you haven't already, submit a written statement to OAH before your hearing explaining your side in detail. It becomes part of the record and gives the judge context before the hearing starts. Just be sure to get it in at least 3 business days before your hearing date.
First claim showing 'pending' for days after IVR filing - normal wait time in 2025?
Just got laid off on March 10th and filed my initial claim via phone on Sunday March 15th. My SAW account immediately showed 'IVR processing' then changed to 'pending' by Sunday evening. It's now Thursday March 19th and still stuck on 'pending'. I've already uploaded my driver's license and passport through the secure document upload system, and my separation was due to lack of work (construction slowdown), so there shouldn't be any disqualifying issues. I've been through the unemployment system on and off since the mid-80s, but wow, things seem COMPLETELY different now! Looking through recent posts, I haven't found anyone with this exact scenario. Is this normal processing time for a first-week phone claim in 2025? Back in my day, claims processed in 1-2 days max. How long should I expect to wait before I should start worrying? Anyone with recent experience who can share their timeline?
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That hasn't been my experience at all. Phone and online claims are processed through the same system on the backend. The method of filing doesn't impact processing time - it's more about the complexity of your work history and whether there are any flags on your claim. I've worked with hundreds of claimants and haven't seen any statistical difference between phone and online filing times.
Carmen Diaz
i had this happen and got paid the next day! but my roommate had the same thing and didn't get paid for like a month. i think it depends what they're checking on your claim?? good luck!
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Nia Thompson
UPDATE: You all were right! Money appeared in my account this morning even though my claim still says "pending" online. Such a relief! Now I just hope they don't come back later and ask for it back if they find some issue during adjudication. Thanks for all the helpful information everyone.
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Aisha Abdullah
Great news! Keep filing your weekly claims and stay on top of any correspondence from ESD. If they do find an issue later, they'll notify you before taking any action to recover funds. In most cases, if you've provided accurate information, you won't have any problems. Glad it worked out for you!
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Mateo Rodriguez
Woohoo! That's awesome. Mine stayed in adjudication for almost 3 months but they kept paying me the whole time. Eventually it just switched to approved without me doing anything else.
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