Following up on my earlier comment - I think it would be helpful to understand that under WAC 192-220-017, ESD can reexamine a decision at any time if they receive new information. However, any benefits paid before a redetermination are typically only considered overpayments if there was claimant fraud or misrepresentation. In your case, since it appears to be your employer potentially contesting the claim after an initial determination, you should be entitled to continue receiving benefits during the review unless ESD specifically notifies you of a hold. Even if they eventually rule against you, you might qualify for a waiver of overpayment if you received the benefits through no fault of your own (which appears to be the case here).

btw did u use a fact finding form to respond to their new questions? make sure u fill that out SUPER detailed. my friend got denied cuz she just wrote short answers and they said she didn't provide enough info

When I was stuck waiting for an adjudication decision, calling ESD directly helped speed things up. But good luck actually getting through to them! I spent days trying to call before using Claimyr (claimyr.com) to connect with an agent. They have a video demo (https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3) that shows how it works. The service connected me to an ESD rep who could see exactly where my claim was stuck and got it moving again. Regarding your employer appeal question - yes, they can appeal, but they need to have valid grounds (proving actual misconduct), not just disagreeing with ESD's decision. I went through an appeal hearing last year, and it was intimidating but fair. The Administrative Law Judge was very thorough in reviewing all evidence.

One last bit of advice - document EVERYTHING. If your claim is approved and your employer appeals, you'll want copies of all communications, especially anything that contradicts what they might claim about your separation. Also, if you do end up with an OAH hearing, prepare thoroughly. Review all the documentation they send you beforehand, write out your key points, and be ready to clearly explain your side. The hearings are relatively formal but fair - the judges want to get to the truth. And a positive note: in my observation, ESD's initial determinations are upheld in the majority of appeal cases, especially when they've done a thorough adjudication process like they seem to be doing in your case.

tell him check out warehouses, my buddy was in tech and couldnt find anything so he did amazon warehouse for like 6 months, decent pay and they hire everyone

One more thing - when your brother reports his part-time earnings to ESD, he needs to report GROSS earnings (before any deductions), not net pay. I've seen people get hit with overpayment notices because they reported the wrong amount. Also, your brother might benefit from connecting with WorkSource. They can help with job searches in his field and sometimes have special programs for people transitioning between careers. With his tech background, they might be able to connect him with short-term contract work that pays better than retail while he searches for a permanent position.

Just to update - I used Claimyr a few months ago for a different issue (identity verification hell), and I got through to ESD in about 30 minutes after trying to call on my own for two weeks. Not all agents are equally helpful though - if the first person can't help, politely ask to be transferred to a claims specialist or adjudicator who can handle requalification issues.

UPDATE: After trying everything, I finally got through to ESD this morning! The agent confirmed exactly what you all said - I had a disqualification from 2020 that was still in their system, even though I've obviously earned way more than the requalification amount since then. They had to manually override it in the system. All my weeks have been changed from "disqualified" to "processing" and she said I should receive payment for all back weeks within 48 hours. THANK YOU all for your help and suggestions!

Yes definitely do job searches right now! You need 3 per week even during adjudication. They can be applying to jobs, making a profile on job sites, going to workshops at worksource, etc. If u need more ideas look at the ESD website under job search requirements. U can enter them in eServices each week or keep track on paper with the form they have. But if u get approved and haven't done them u might end up disqualified anyway!

I had a similar situation and what helped me was writing down a clear timeline of events, including exact dates and names of who communicated what to me. The more specific details you can provide, the better. Good luck with your claim! It's so stressful waiting but the backpay will be worth it when it finally comes through.