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I work in HR and deal with unemployment appeals frequently. Just so you're aware, the second-level appeal success rate is only about 15-20%. The Commissioner typically defers to the Administrative Law Judge's findings unless there's a clear error in how the law was applied. Make sure your attorney is focusing on legal errors rather than just rehashing the same arguments. Also, if you lose the Commissioner's Review, you still have one more option - filing with the Superior Court, though that's even more complex and expensive.
did u kno u can still file weekly claims while waiting for appeal? even if ur getting denied u should keep filing every week so if u win they pay u for all those weeks. i almost messed that up and woulda lost like $6200
Yes! My attorney told me to keep filing my weekly claims even though they're showing as 'disqualified' right now. I'm trying to be super careful about the job search requirements too since I don't want any more issues if I do win the appeal. Thanks for the reminder though - super important tip that I almost missed too.
Update for anyone who might have this problem in the future: The payment was reprocessed after 6 business days. The incorrect bank rejected it after 4 days, then ESD took 2 more days to send it to my correct account. I did end up calling ESD (waited on hold for about 2 hours) just to make sure everything was on track. The representative confirmed they could see the rejected payment in their system and assured me it would automatically be reprocessed with my updated banking information. So if you're in this situation - be patient but persistent!
UPDATE: I just got off the phone with ESD (finally!!) and they explained that they think I worked during two weeks in February when I was still claiming benefits. The problem is I didn't start my new job until March 2nd, and I definitely reported that correctly on my weekly claims. The agent I spoke with said I need to gather pay stubs, my official hire letter, and anything else showing my actual start date, then file an appeal ASAP since I only have about 2 weeks left in my appeal window. Wish me luck!
Good work! Definitely file that appeal right away - don't wait until the last day. In addition to your hire letter and pay stubs, see if your employer can provide a simple statement confirming your start date. If you filed your weekly claims online, you might also want to take screenshots of your claim history showing you reported your new employment correctly when it actually started. Keep us posted on how it goes!
anyone know if they can take the money from your bank account directly??? i just got a overpayment letter too (for $1890) and im worried they'll just take it from my checking account which would literally overdraft me by like $1500 😱
They typically don't take money directly from bank accounts without going through a formal garnishment process first, which requires additional legal steps. If you're concerned, you should contact ESD right away and set up a payment plan or file an appeal if you believe the overpayment is incorrect. They're usually willing to work with you on reasonable payment arrangements.
When I got a job last December I didn't bother claiming for that last partial week. Just seemed like too much hassle for probably a small amount of money. But I was also kinda paranoid about accidentally saying something wrong and then getting in trouble later. Just my experience, though maybe I left some money on the table.
One time i had a job that lasted only 2 weeks and i didnt report it cause i thought it wasnt worth the trouble and then they found out through tax stuff and i had to pay back everything plus a penalty. so definately always report everything even if it seems small or not worth it!!
Marina Hendrix
Quick update - I just got off the phone with ESD (yes, I was on hold forever). They confirmed it's a display issue affecting many accounts and they're working on a fix. They said if you received your payments in your bank account, everything is correct in their system. The representative mentioned they're hoping to have it fixed by next week.
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Issac Nightingale
•Thank you so much for following up about this! Really appreciate you taking the time to call and let us all know. That's a huge relief.
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Butch Sledgehammer
i had this back in February... the whole system went crazy after they did that "upgrade"... anyone else notice how every time they "improve" the esd website something breaks? lol
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Romeo Barrett
•EVERY. SINGLE. TIME. 🤦♀️
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