just make sure when u fill out that form you really emphasize how this would cause severe financial hardship!!! they look for specific language like 'unable to afford basic necessities' and 'would deplete all savings' and stuff like that. also if you have any medical issues or disabilities mention those too!!

I really appreciate everyone's help on this! I've submitted both the appeal (just made the 30-day deadline) and the waiver request form with all my financial documentation. I emphasized that I'm on a fixed retirement income, included my monthly expenses, and explained that the overpayment would make it impossible to afford my housing and medications. I also clearly stated that the error was due to ESD putting me on the wrong benefit type, not any mistake on my part. I'll update this thread when I hear back from them. Fingers crossed for a positive outcome!

One additional point worth mentioning: while you're correct to refuse this unsuitable work, keep in mind that as your unemployment claim gets older (typically after 13 weeks), the criteria for "suitable work" does gradually shift. ESD expects claimants to become somewhat more flexible with wages as time passes. In your case, at 4 months you're right around that transition point, but a 50% pay cut would still be considered too extreme. Just something to be aware of if your job search extends further.

I had almost this EXACT situation in January!!! Former employer wanted me back at WAY lower pay for "just a few weeks" which turned into them pressuring me to stay permanently at that lower rate. I refused and reported everything to ESD. They tried to challenge my unemployment but I won because I had documentation of the original terms they offered me. GET IT IN WRITING!!!

Ok I'm confused about something... if I apply for SEAP but get rejected, will this affect my regular unemployment benefits in any way? I'm interested in starting a business but I CANNOT risk losing my UI right now. Has anyone been rejected but continued getting regular benefits without issues?

Update: I managed to reach ESD today (used Claimyr after seeing it recommended here - actually worked!). The agent explained that I needed to look specifically under the Training Benefits section in eServices, not the regular UI section. Also found out SEAP participants get connected with Small Business Development Centers for free consulting, which sounds amazing. Going to submit my application this weekend. Will update when I hear back!

Make sure you download and save a copy of the judge's decision when you get it! ESD's system sometimes loses documents, and having that official decision on hand can save you TONS of headaches if there are any issues with your claim in the future. I learned this the hard way when I needed to reference my appeal decision months later and could no longer access it in the portal.

Based on what you described, you've almost certainly won your appeal. When judges catch employers misrepresenting facts, they take it very seriously. The statement about not allowing another hearing is especially telling - that's judge-speak for "I've seen enough to make my decision." After you receive the written decision (typically 7-10 days after the hearing), ESD will automatically process it and restart your benefits. You should see all back payments for the weeks you've continued to file come through as a lump sum. One thing to be aware of: your employer technically has 30 days to appeal the OAH decision to the Commissioner's Review Office, though this is relatively rare when they've been caught in a misrepresentation during the hearing.

have u tried emailing them? sometimes that works better than phones

UPDATE: We finally got through!!! Used the Claimyr service this morning and got connected to an actual human at ESD within 20 minutes. Turns out there was a flag on the account because my husband's employer hadn't responded to ESD's verification request. The agent was able to override it since this is a known seasonal pattern and they can see the history from previous years. Benefits should be deposited within 48 hours! I'm so relieved I could cry. Thank you everyone for your help and suggestions!

This is a fairly common status, especially for first-time claimants. Here's what's most likely happening: - ESD's automated system is processing your claim and may be waiting for wage verification from your previous employer - The system could be running an automated identity verification against various databases - Sometimes claims get flagged for manual review based on specific criteria (industry changes, large wage differences between quarters, etc.) What's interesting is that if they needed something specifically from you, you'd typically get an alert in your online portal or a letter. Since you haven't received either, it's most likely an internal process on their end. My advice: 1. Continue filing your weekly claims without fail 2. Check your online account daily for notices 3. If it's been more than 3 weeks in this status, then it's time to contact them directly If your claim is approved, you'll receive all eligible back payments for the weeks you properly filed.

hey i had this too an it turned out they were waiting on identity verification but the letter went to my old address even tho i updated it in the system 🙄 you should try calling them to see whats going on. its super annoying they dont just tell you what theyre waiting for on the website

UPDATE: I finally got through to ESD! The "pending issue" was that they needed proof of my job search activities. I've been doing the activities but hadn't uploaded the log yet because I thought that was only required after you start receiving payments. My fault for not reading everything carefully enough. I uploaded my job search log and the rep said payments should process within 48 hours. Lesson learned - make sure you're completing AND documenting all required activities from day one!

Glad you got it resolved! This is a common misunderstanding. Even though the monetary determination letter approves you for benefits, you still need to meet all eligibility requirements each week, including the job search requirements (usually 3 activities per week unless you have standby status). For anyone else reading this: always upload your job search log as soon as possible. Even if you think you don't need to yet, it's better to have it in the system. ESD sometimes does random checks, and if they can't verify your job search activities, they'll put a hold on payments until you provide documentation.

Honestly, ESD is the worst. I waited 9 weeks for my claim last year and almost lost everything. If you have a car, I'd seriously consider doing DoorDash or Uber until your claim processes. That's what saved me. The system is completely broken and they don't care if we end up homeless.

IMPORTANT UPDATE: I just checked the ESD website and they've added a new form specifically for hardship expedite requests. Log into your eServices account, go to your dashboard, click on 'Upload a Document' and select 'Hardship Expedite Request' from the dropdown. You'll need to upload proof of your housing situation (eviction notice, past due bills, etc). This is brand new as of last month and seems to be working faster than calling.

THE SYSTEM IS DESIGNED TO FRUSTRATE YOU! They make everything take forever hoping people will just give up. I won my appeal last year and they still tried to deny me by saying I didn't do my job searches correctly!! Had to fight them AGAIN and didn't get paid for almost 2 MONTHS after winning my appeal. Keep calling them EVERY DAY until they pay you what they owe!!

UPDATE: Just wanted to let everyone know that my backpay came through this morning! It took exactly 12 business days after I received the appeal decision. All 8 weeks switched from pending to paid overnight and the money was in my account this morning. So relieved! Thanks everyone for your help and advice.

UPDATE: I applied for standby status yesterday and just got approved today! It's good for 4 weeks, which gives me some breathing room. I'm already applying for jobs anyway, but it's a relief to know I won't get denied for the first week when I was still in shock from the layoff. Thanks everyone for your help!

my cousin works at ESD and says they have a huge backlog rn so even if theres an issue with your claim youll prrbaly get approved with how short staffed they are lol