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my hearing was actually kinda quick - about 45 minutes. the judge asked me questions first, then my employer, then gave me a chance to respond to what they said. just be honest and stick to the facts about those late payments!!
IMPORTANT: If you can't make the hearing date for any reason, call OAH immediately to request a continuance. Don't wait until the last minute. If you miss your hearing without getting it rescheduled, you'll automatically lose and have to repay all benefits. Also, you'll probably get a decision within 1-2 weeks after the hearing. It will come by mail, so make sure ESD has your current address. If you win, great! If you lose, you have 30 days to file a petition for review with the Commissioner's Office. That's a whole separate process, but don't worry about that unless it happens. Rooting for you!
One thing I haven't seen mentioned yet - when you file your appeal, make sure to specifically request to continue receiving benefits during the appeal process if you're otherwise eligible (like actively job searching and doing your weekly claims). Many people don't realize you can potentially get benefits while appealing if you request it specifically. Also, in your appeal statement, focus on these key points: 1. You continued working with the understanding the reduction was temporary 2. You actively participated in efforts to restore business (those proposals) 3. You only resigned when it became clear the reduction would be permanent ESD's guidelines do have some flexibility for "good faith" situations like yours, but you need to be very clear about the timeline and your reasoning.
Thank you for these specific suggestions! I'll definitely emphasize these points in my appeal. Quick question - should I continue filing weekly claims while I wait for my appeal hearing? I wasn't sure if I should bother since the initial claim was denied.
Thanks everyone for the helpful advice! I've started gathering all my documentation - found emails confirming the hours reduction was presented as temporary and evidence of the proposal work I was doing to try to bring in new business. I've submitted my appeal request and will continue filing weekly claims as suggested. I'll update this thread after my hearing to let you know how it goes!
That Claimyr service someone mentioned sounds interesting. Has anyone else tried it? I'm desperate to talk to someone about my claim too.
Yes, it worked well for me and several people I know who were stuck in adjudication. Much faster than trying the regular phone lines. The key is to be prepared with all your claim information when you do get through to an agent.
UPDATE: You guys were right! I just got a determination letter in my eServices inbox! Claim APPROVED and they're releasing all my back payments from September! I'm literally crying right now. Thank you all for the support and advice during this nightmare process!
That's fantastic news! I'm so glad it worked out for you. Make sure to keep doing your job search activities until you find work, as they do occasionally audit those.
You should be able to see your severance allocation period by logging into your eServices account and checking the "Decisions" tab. There should be a determination letter that explains exactly how many weeks your severance affects your claim. If you can't find it, ask for them to resend the determination letter - this will tell you exactly when you can expect payments to begin. And just to clarify something others have mentioned - it's not about the NUMBER of weeks you worked, but rather your severance amount divided by your weekly benefit amount. So if your severance was $8,500 and your weekly benefit would be $850, that's 10 weeks of ineligibility.
One thing no one mentioned - make sure you're still doing your required job search activities every week even during this waiting period! You need 3 job search activities each week, and if you're not doing them and logging them properly, you could be denied benefits once your severance period ends. Don't make that mistake!
Tate Jensen
Update on the Claimyr suggestion - after the OP mentioned they'll check it out, I wanted to add that when I used it, I just had my claim ID and SSN ready, which is what the ESD agent needed to look up my file. The whole thing took about 25 minutes total from starting the service to talking with an agent. Just sharing in case it helps!
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Ev Luca
•Is it worth it tho? I've heard ppl say they just got the same answers they would've gotten anyway after waiting in the regular ESD queue. Were they actually able to fix your file or just make notes?
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Tate Jensen
•In my case, they actually fixed the issue and documented it in my file. The big difference was being able to speak to someone BEFORE my hearing instead of waiting 2+ weeks for my hearing date to arrive with the error still in place. The agent I spoke with was really helpful - I think it's just about getting through to someone quickly rather than the service providing different answers.
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Lukas Fitzgerald
UPDATE: I used Claimyr and got through to an ESD rep today! They confirmed there was indeed a mix-up in their system. Someone with a similar name had previous claims, and somehow that info got linked to my case. The agent made detailed notes in my file and is sending corrected info to OAH before my hearing. They said to still bring my employment history docs as backup. Feeling SO much better now - thank you all for the advice!
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Avery Davis
•That's excellent news! I'm glad you got it resolved before your hearing. Make sure to mention at the beginning of your hearing that you've already spoken with ESD about the error and that they've made corrections to your file. This shows you've been proactive about resolving the issue. Good luck with your hearing!
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Marcelle Drum
•So happy it worked out for you!! 🙌
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