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Im sorry ur dealing with this! I had something kinda similar happen with my cosmetology license last year and what helped was getting a letter from my previous employer stating that they would rehire me once my license was renewed. ESD accepted this as proof that I was just temporarily unable to work due to administrative processing and not due to any fault of my own.
After your adjudication interview, if they still deny your benefits, remember you have the right to appeal the decision. The appeal would go to the Office of Administrative Hearings (OAH), where an Administrative Law Judge would review your case. You have 30 days from the date of the determination letter to file an appeal. While it takes time, the appeal process often results in reversals of incorrect ESD determinations, especially in complex cases like yours where you're clearly making good faith efforts to maintain your eligibility to work.
There's some confusion in this thread about how the calculation works. Here's the exact formula ESD uses: 1. They subtract $5 from your gross earnings 2. They subtract 75% of the remaining amount from your weekly benefit For example: If you earn $100 in a week and your weekly benefit is $500: $100 - $5 = $95 $95 × 75% = $71.25 $500 - $71.25 = $428.75 (your adjusted benefit) Total income: $100 + $428.75 = $528.75 So you actually end up with MORE total income than just receiving unemployment alone. Just make sure you always report accurately and maintain your job search activities.
Thank you all SO much for your advice! I'm going to accept the on-call position and make sure I report everything accurately. I'll keep searching for full-time work and completing my job search activities every week. It's a huge relief to know I can earn some extra money without losing all my benefits. I really appreciate everyone taking the time to share your experiences and knowledge!
One important detail nobody mentioned: when your husband files, make sure he lists his last day of WORK as his last day of employment, NOT the end date of his severance period. This is a common mistake that can cause problems. Also, if you run into issues with his claim (which is common with severance situations), be prepared for long wait times when calling ESD. I waited 3+ hours multiple times trying to resolve my severance-related adjudication.
Thank you for this tip! His last day of work was today, so that's what we'll put down. I'm honestly dreading the potential phone issues based on what everyone is saying. Is it always this difficult to reach ESD?
Unfortunately, yes. ESD's phone system is notoriously difficult to navigate. If you do end up needing to call them, start early in the morning (right when they open), and be prepared to keep calling back if you get disconnected. The Claimyr service I mentioned earlier can help if you get desperate - it basically navigates the phone tree and waits on hold for you until there's an actual agent, then calls you to connect. Saved me hours of frustration.
btw when you finally get ur hearing make sure u have ALL ur documents ready. the judge only gave me like 15 min to explain my situation and I almost messed up by not having my work search records printed out. have everything organized by dates and bring extra copies
Great advice. When preparing for your hearing, organize your documents chronologically and create an index. For my hearing, I prepared a timeline summary showing when I filed claims, when I reported work, and all communications with ESD. The judge appreciated having this overview, and it helped keep my testimony organized.
Just to give you some hope - my overpayment was completely dismissed after my hearing. The ESD representative couldn't prove I had been properly notified about reporting requirements. Make sure you review all notifications they sent you during your claim period. If they failed to properly inform you about any requirements they're using as basis for the overpayment, that's a strong defense. About 70% of the overpayment appeals I've heard about were either reduced or dismissed entirely.
Malik Robinson
To answer your follow-up question - yes, the monetary determination letter means you're eligible based on your past earnings. You should definitely start filing weekly claims right away. Just because your status can change later (as others have mentioned) doesn't mean you should delay filing. Each week you don't file is potentially lost benefits that can't be recovered later. Regarding your employer - there's no direct way to see if they've contested anything, but if they had immediately disputed your claim, you likely wouldn't have seen the status change to active so quickly. Most employer disputes show up within the first 10 days, though they technically have more time than that. If your separation was a departmental layoff as you mentioned, it's very likely your claim will remain approved. Just make sure you're doing your 3 job search activities every week and documenting them properly.
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GalaxyGlider
•Thank you so much for the detailed explanation! I'll start filing my weekly claims right away and make sure to keep up with the job search requirements. This whole system is more complicated than I expected, but I feel much better now understanding how it works.
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Omar Farouk
anyone else notice how ESD seems to be speeding up for some people but still keeping others waiting FOREVER??? seems totally UNFAIR how they pick and choose who to process quickly!
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Ravi Choudhury
•It's actually based on complexity factors rather than random selection. Claims with clear documentation, no employer disputes, straightforward work history, and standard separation reasons (like layoffs) can be processed much faster with their new automated system. Claims that involve multiple employers, unusual separation circumstances, potential availability issues, or employer disputes require human review, which takes longer. The system is prioritizing claims that can be quickly resolved while ensuring complex cases still get proper review.
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