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@casual_commenter - It was for the PUA program during COVID. She was self-employed and qualified but they came back later and said she didn't have enough proof of income loss. But the rules kept changing during the pandemic and it wasn't her fault!! Now they take $330 a month from her tax refunds. The whole system is designed to confuse people!
Just seeing your update about the missed questionnaire! That's almost certainly why your claim is stuck. Those fact-finding forms are critical to the adjudication process. Fill it out completely and submit it ASAP. You might want to call after submitting to make sure they received it and to explain that you just found it. They might be able to expedite things since the delay wasn't intentional on your part.
Quick update for everyone - I was able to get my adjudication resolved after missing a fact-finding form too. The key was getting through to an actual tier 2 agent who could see the full details of my claim. Regular agents often can't see all the notes or take meaningful action. Just be persistent and specifically ask if they're a tier 2 agent when you get through. If not, politely ask if you can be transferred to one.
One thing to add that others haven't mentioned - the judge's decision will include detailed "Findings of Fact" and "Conclusions of Law" sections that explain exactly why they ruled the way they did. This is actually helpful because if you need to appeal further (to the Commissioner's Review Office), you'll know exactly which points to address. Based on what you've shared, I think you have a strong case. The combination of documented medical issues, physical limitations, and the restraining order situation creates multiple valid reasons that could qualify as good cause. The employer's absence at the hearing further strengthens your position since they're not there to rebut your evidence. Just be aware that if you win, your former employer can still appeal the judge's decision, though many don't bother if they didn't show for the initial hearing.
just wondering does neone know how long backpay takes if u win appeal? im in a similar situation waiting for decision
If you win your appeal, back benefits are typically processed within 7-10 business days after the decision is finalized. However, if there are any other issues with your claim besides the one being appealed, those might need to be resolved separately before payment is released. Make sure you've been filing weekly claims throughout the appeal process, as you won't receive payment for weeks you didn't file a claim.
My sister works for DSHS (not ESD but similar phone systems) and she said what happens is their phone system can only handle like 75 calls in queue at once. So at 8:00am they get like 500+ calls all hitting at exactly the same time, and once those first 75 get in, everyone else gets the high volume message. Some days all queue spots fill in under 10 seconds. She recommended trying at random times during the day because occasionally people get through when others hang up. Also Thursdays tend to be slightly better for some reason.
Have you tried the technical support line instead of the claims line? Sometimes the technical support agents can help with basic claim issues or at least transfer you to someone who can. Their queue usually isn't as bad. Also, I've had success with the Spanish line (if you speak any Spanish) and then asking for English assistance once connected. Not ideal but sometimes works in desperate situations.
Update: I filed my weekly claim and reported my work hours as everyone suggested. The system calculated that I'm eligible for $59 in partial benefits! Going to keep filing as long as I'm part-time. Thanks everyone for the advice - definitely helped me avoid potential problems down the road!
One important thing to note - when responding to the employer's Commissioner appeal, focus on two key arguments: 1) They failed to appear at the ALJ hearing without good cause, which should be automatic grounds for dismissal of their appeal, and 2) Any new evidence should be rejected unless they can demonstrate good cause for not presenting it earlier. If their appeal to the Commissioner is successful, you have the right to appeal to Superior Court, but by that point it might be worth consulting with an unemployment attorney, especially with the amount of back benefits at stake.
Thank you for this strategy - I'll definitely emphasize both those points. The frustrating part is they didn't provide ANY evidence or even show up for the first hearing, and now suddenly they're engaged in the process. The back benefits are significant enough that I would consider an attorney if it goes to Superior Court. This whole experience has been so draining.
Make sure to file your weekly claims during this entire process, even while waiting for appeals. I've seen too many people win their appeals but then not get all their back benefits because they stopped filing weekly claims during the appeal period.
I've definitely been keeping up with my weekly claims this whole time, even when it seemed pointless during the first appeal. I remember reading somewhere that you have to keep filing to preserve your right to backpay. Thanks for the reminder though - it's an easy thing to forget when you're not getting paid for months.
Why's everyone making this so complicated lol. Just say you're looking for work while gone and file normally. They don't track your location or anything. Been doing this for years when I visit my parents in Oregon every summer, never had any issues.
This is absolutely incorrect and potentially fraudulent advice. ESD can and does conduct audits, and they can request documentation of your job search activities. They can also cross-reference with other state systems that might indicate travel. Knowingly making false statements on your weekly claim can lead to disqualification, overpayment assessments with penalties, and in serious cases, prosecution for fraud.
I just wanted to update everyone. I ended up calling ESD using that Claimyr service someone mentioned (which actually worked surprisingly well), and the agent confirmed I should continue filing my weekly claims but answer 'no' to the able and available question for the weeks I'll be gone. They also noted it on my account so there won't be any confusion. Thanks everyone for your help! I'm also going to look into the PFML option as well since that might be a better fit.
I had a similar experience a few months ago. After weeks of trying to call ESD and getting nowhere, I used Claimyr.com to get through to an agent. Found out my claim was stuck because of a simple system flag that needed manual clearing. The agent fixed it while I was on the phone and all my weeks switched from processing to paid within 48 hours. Seriously worth checking out their video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 if you're desperate to talk to someone at ESD.
I've never heard of this service before. Is it legitimate? Seems weird to pay just to talk to a government agency I should be able to contact directly.
Update: I FINALLY got through to ESD this morning! Called right at 8am like someone suggested. Turns out my claim has been in adjudication this whole time due to the contractor work I did last year. The agent said they need to verify my earnings from that period. She expedited my claim and said I should see movement within 7-10 business days. Thank you everyone for your help and suggestions!
Great news! The contractor work verification is very common. Make sure to continue filing your weekly claims while you wait, and you should receive all back payments once they complete the verification. If you don't see movement within those 7-10 days, call again and reference the expedite request with the date.
Here's what's happening: ESD is conducting a systematic review of all 2020-2021 overpayment determinations following the USDOL directive 22-21. Many overpayments that were previously collected are now being retroactively waived if they meet certain criteria (non-fraud overpayments, agency error, etc.) By law (RCW 50.20.190), if your overpayment is waived after you've already repaid it, you are entitled to a refund with interest. However, ESD's system isn't automatically processing these refunds - you need to specifically request it. Call the Collections Unit at 866-697-4831 and specifically request a "refund of waived overpayment previously collected." Be prepared to verify your identity, provide your claim ID, and reference the determination letter number. They should be able to verify your payment history in their system. Documentation that may help: - Original overpayment notice from 2020 - Proof of your payments (bank statements) - The new waiver determination letter - Your claim ID and SSN for verification The refund typically takes 4-6 weeks to process once approved.
This is super helpful info! I'm going thru something similar with an overpayment from 2021 that just got waived. Do u know if this applies to ALL types of overpayments or just certain ones? Mine was because I reported my hours wrong by accident (not fraud).
It applies to most non-fraud overpayments, especially those resulting from genuine reporting errors or ESD miscalculations. If your waiver determination letter specifically states the overpayment is waived (not just reduced), then yes, you would qualify for a refund of any amounts already paid. The key is making sure you specifically request the refund - it won't happen automatically.
UPDATE: I finally got through to ESD this morning! I used that Claimyr service that someone recommended and it actually worked - got me through to an agent in about 30 minutes instead of endless hold. The agent confirmed that I'm eligible for a full refund of the $4,700 I paid back in 2020, plus interest! She said they've been reviewing thousands of pandemic-era overpayments and many are being waived retroactively. The refund will take 3-5 weeks to process and will come either as a direct deposit (if they still have my bank info) or a paper check. For anyone else in this situation - you MUST call them to request the refund. They don't process these automatically even after sending the waiver letter. Make sure you have your claim ID number and the waiver determination letter reference number when you call. Thanks everyone for your help!
That's awesome news! Glad you got it sorted out. Mine took exactly 3 weeks to arrive via direct deposit. It's nice to finally see ESD fixing some of these pandemic overpayment issues.
Ruby Knight
last time this happened 2 me they sent me a letter 2 weeks later saying i needed to verify something. the whole time my payment just sat there on processing. check ur esd inbox maybe they sent u something?
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Isaac Wright
•Just checked and there's nothing in my inbox. I'll keep an eye on it though.
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Tami Morgan
Quick update - I just checked my account and my payment from Sunday just switched to 'paid' about an hour ago. Seems like they're just running behind this week. Might want to check yours again.
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Isaac Wright
•THANK YOU for the update! Just checked mine and it's switched to 'paid' too! What a relief. Looks like it was just a system delay after all.
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Maya Diaz
•mine too! finally changed to paid. thx everyone for the help!
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