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The appeals language "benefits are allowed beginning September 9, 2024" typically means: 1. The previous denial is reversed as of that date 2. Your husband is eligible for benefits from that date forward IF he meets all other eligibility requirements (which includes being unemployed or partially employed) 3. He's entitled to back benefits for weeks he claimed during the appeal process Since he's currently employed, he wouldn't qualify for full benefits, but might qualify for partial benefits if his current earnings are low enough compared to his previous wages. The formula is fairly complex, but essentially if he's earning significantly less than he would receive on unemployment, he could get a partial payment each week. Something else to consider: if his current job doesn't utilize his union skills, he might be able to continue looking for work in his field while maintaining this job. As long as he's available for full-time work and actively searching, he could potentially still file weekly claims reporting his part-time income.
Thank you for breaking down what that language means! The tricky part is that my husband is working full-time at this lower-paying job, not part-time. But you're right that it's not in his skilled union trade. Does that make a difference for the partial benefits? We're definitely going to call ESD again to ask specifically about partial benefits and the back pay during those 8 weeks.
The fact that ESD initially denied your husband's claim then approved it on appeal is actually fairly common. The first-level adjudicators often side with employers, which is why the appeal process exists. Regarding your specific situation: 1. Your husband should immediately file for the retroactive benefits covering the 8-week appeal period. There's typically a limited window to claim these weeks retrospectively. 2. For his current situation, Washington does have provisions for workers who take "suitable work" at significantly lower wages than their previous employment. However, voluntarily quitting to collect benefits is generally problematic unless specific conditions are met. 3. One potential option: If your husband finds a legitimate union job opportunity that pays significantly better, quitting his current job to accept that offer would not disqualify him from benefits if the new position fell through or wasn't as advertised. Most importantly, I'd recommend having your husband speak with someone from his union. They often have representatives who specialize in unemployment issues specific to union workers and might have more tailored advice for his situation.
Contacting his union rep is a brilliant idea! I can't believe we didn't think of that. They might have dealt with similar situations before. I'm also going to look into that "suitable work" provision you mentioned - is there a specific term or section of the law I should reference when calling ESD about that? Thank you!
Pro tip from someone who just went through this: record EVERY interaction with ESD. Washington is a two-party consent state for recording, so you need to tell them you're recording, but I did this and it helped tremendously in my appeal. The judge was very interested in hearing the recordings where the ESD rep gave me incorrect information that led to my disqualification.
anybody else feel like they make these processes take forever on purpose so people just give up? the whole system is designed to be frustrating
One more important tip - at the end of the hearing, the judge will typically ask if you have anything else to add. Use this opportunity to briefly summarize your main points: 1. You quit primarily because your hours were reduced by approximately 50% 2. This reduction exceeds the 25% threshold established in WAC 192-150-120 3. The reduction made it financially impossible to continue the employment 4. You've provided documentation proving the reduction Keep it under 60 seconds, be respectful, and thank the judge for their time. This final summary can be very effective as it's often the last thing they'll remember when making their decision.
UPDATE: I spoke with an ESD agent this morning after using that Claimyr service someone mentioned. The agent explained that in my case, all my weeks were disqualified for the same reason - apparently checking 'no' to a question about being physically able to work (which I don't remember doing). The agent said I should file ONE appeal for the earliest disqualified week and explicitly mention that I'm appealing ALL weeks with the same disqualification reason. She said to list every disqualified week by date in my appeal letter. She also put a note in my file about this conversation. So it seems like there might be different processes depending on your specific situation. The key is reaching an actual agent who can give you guidance for your particular case. Thanks everyone for your help!
Thank you so much for the update! I'm going to try Claimyr right now. Hoping I can get the same result and avoid having to file 5 separate appeals. Will report back with what I find out.
Alejandro Castro
my claim was stuck for 2 months but turns out it was because my previous employer contested it saying i quit when i was actually laid off. once i provided the termination letter it got resolved in like 3 days. might wanna check if ur employer is saying something different than u did about why u left
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Ellie Perry
•That's a good point. I have a good relationship with my former employer though, and they've confirmed they reported it as a layoff due to downsizing. I still have the layoff notice they gave me. But maybe there's some other discrepancy I'm not aware of.
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Teresa Boyd
Quick update question - have you been receiving any correspondence by mail? Some adjudication notices are still sent via postal mail rather than electronically, especially if they involve third-party information from your employer.
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Ellie Perry
•I've been checking my mail carefully and haven't received anything from ESD except the initial monetary determination letter back in July. Is there something specific I should be looking for?
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Teresa Boyd
•The most important pieces would be any fact-finding questionnaires or interview notices. They typically come in official ESD envelopes with the department logo. If you haven't received any of these, that's actually good news - it likely means they're just backlogged rather than waiting on information from you. One last suggestion - if you have documentation related to your layoff (termination letter, severance agreement, etc.), go ahead and upload it to your eServices account under the document upload section. Sometimes being proactive with documentation can help move things along.
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