UPDATE: After reviewing the ESD handbook more carefully, I can confirm that accepting an intermittent job without actual work hours does NOT automatically disqualify you from benefits. The key factors are: 1. You must remain able and available for full-time work 2. You must continue conducting job searches (3 per week) 3. You must accurately report your employment status The issue is likely in how the employment status was reported. In the weekly claim questions, there's a distinction between "Do you have a job?" (Yes) and "Did you work during this week?" (No). This nuance matters significantly for intermittent positions. When you appeal, emphasize that you remained available for full-time work, continued job searching, and had no actual work or earnings from the intermittent position during the weeks in question.

after dealing with my appeal i learned that ESD's definition of "available for work" is super specific. they wanna know if having this intermittent job would prevent u from accepting full-time work elsewhere. if u said u were committed to this intermittent job even if it meant turning down full-time work elsewhere, that might be why they're saying ur not eligible.

btw i forgot to mention my hearing was over the phone not in person. is yours phone or zoom or in person? the phone one was actually easier than i expected. the judge was super nice and my old boss kept contradicting himself and sounded like an idiot lol. i won my case in the end!

UPDATE??!! Did you manage to get your benefits continued during the appeal? Hope you and your daughter are ok 💜

Has anyone tried contacting their state representative? My friend did that when her claim was stuck in adjudication for like 2 months and suddenly ESD called her within 3 days of her contacting the rep's office.

UPDATE: I used the Claimyr service that someone recommended and actually got through to ESD! The agent told me that my claim is currently assigned to an adjudicator and they're aiming to have decisions made within 10-14 days from when they receive responses to questionnaires. She said my case looks straightforward and I should hopefully hear something by the end of next week. Such a relief to at least know what's happening!

I wouldnt trust the zero balance until you get confirmation in WRITING from ESD! My waiver got approved then REVERSED two months later and they started collections again and added penalties!!!! get everything in writing and dont spend that refund $$$ until your 100% sure its final

To address the concern about waiver reversals - this is extremely rare and typically only happens in cases where fraud was later discovered or if the waiver was clearly issued in error (like if you didn't actually have an overpayment to begin with). For most people who legitimately qualified for a pandemic overpayment waiver, once approved, it's final. However, it's always good practice to: 1. Request a formal waiver approval letter (they don't always send these automatically) 2. Print and save screenshots of your zero balance 3. Keep all communication with ESD regarding your waiver 4. If you do receive a refund, save the documentation that came with it The vast majority of approved waivers remain approved permanently - but documentation is your best protection.

Sorry about your situation pal but I'm confused about something. You said you were "overqualified" and "proved your worth" but then you also said you resigned to avoid a "toxic environment with drug users in new construction"? That part doesn't make sense with the pay reduction story. Were you in construction? Was that why the pay was lower? The commissioner might have been confused by mixed explanations too. Just saying you might want to keep your story straighter for the judicial review.

One more critical thing - for judicial review, you need to file in the county where you lived at the time of application OR in Thurston County. The filing fee is around $240, but you can request a fee waiver if you're low income (use the GR 34 form). Make sure to: 1. Name the correct parties (Commissioner and ESD must be named) 2. Properly serve all parties (you need to serve the Commissioner, ESD, and the Attorney General's office) 3. Include the complete agency record The standard of review is super important - the court will only overturn if: - Decision is outside the agency's authority - Decision is based on an error of law - Decision is not supported by substantial evidence - Decision is arbitrary and capricious Focus on the error of law aspect - specifically that the Commissioner failed to properly apply WAC 192-150-120 regarding substantial reduction in pay. With a 42.8% reduction, you're well above the 25% threshold that typically constitutes good cause.