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I'm sorry to hear you're dealing with this frustrating situation, Jason. The transition between UI and PFMLA can be confusing, and it sounds like you may have received conflicting information. From what I understand, when you apply for PFMLA while on unemployment, you typically do need to stop filing UI claims once your PFMLA claim is approved and benefits begin. However, the timing can be tricky - you want to avoid gaps in benefits but also avoid potential overpayments. The "able and available" adjudication likely triggered because the system flagged a potential conflict between claiming you're available for work (required for UI) while also having a medical/family leave situation that might make you unavailable (for PFMLA). Even though you answered that you were available all days, the system may have detected the PFMLA application. Unfortunately, adjudications can take several weeks to resolve - sometimes 6-8 weeks or more depending on their current backlog. I'd recommend: 1. Keep detailed records of all communications with ESD 2. Continue to respond to any additional questionnaires promptly 3. Consider calling back to speak with a supervisor if you feel you received incorrect guidance Has anyone else here successfully navigated the UI to PFMLA transition? Any tips for Jason on expediting the adjudication process?
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.
Hang in there! I went through something very similar last year - employer contested, lost at ALJ level, then appealed to Commissioner. The whole thing took about 8 months total but I did eventually get all my back benefits. The key thing that helped me was being super persistent about the benefits pending appeal. I had to call ESD multiple times and reference that specific RCW statute before they finally started my payments. Also, when writing your response to their Commissioner appeal, really hammer home the point that they had their chance at the ALJ hearing and chose not to participate. The Commissioner's office doesn't like employers who game the system like this. Document everything and don't let them wear you down - that's exactly what they're hoping for.
Hope your appeal goes well! The fact that you have email documentation should really help your case. Keep us updated on how it turns out.
I went through a similar situation last year with a disqualifying separation due to schedule changes. The key thing that helped me win my appeal was having documentation that showed my employer agreed to my availability restrictions when I was hired, then later violated that agreement. Since you have those emails showing you discussed your class schedule during the hiring process, you're in a much better position than I was initially. Make sure to organize all your evidence chronologically - the original schedule discussion, any written agreements, and then documentation of when they started scheduling you during class times. The hearing officer will want to see a clear timeline of how your working conditions changed. Also, be prepared to explain why you tried to work with your employer before quitting (if you did) and what alternatives you explored. Good luck with your appeal!
Also wanted to mention that Claimyr has been a lifesaver for me when dealing with Washington ESD. If you do end up getting W-2 work and need to file for unemployment later, they can help you navigate the system and actually get through to agents when you have questions. Much better than trying to call on your own.
I'm sorry you're going through this tough situation. As others have mentioned, Washington state doesn't currently have unemployment benefits for 1099 contractors - those ended with the pandemic programs in 2021. However, don't give up hope! Here are some immediate steps you can take: 1) Apply for Basic Food (SNAP) benefits through DSHS - you can do this online, 2) Look into emergency rental assistance programs in your county, 3) Contact 211 (dial 2-1-1) for information about local assistance programs, 4) Consider taking on some part-time W-2 work while rebuilding your client base to establish future unemployment eligibility. The freelance life is tough without a safety net, but there are resources available to help bridge the gap. Hang in there!
Beatrice Marshall
One thing to be aware of - if you applied for PFML through your employer, they might have reported information about your work history that conflicts with what you reported to ESD during COVID. The systems do sometimes cross-reference data when new applications come in, which could have triggered this review of your past benefits. It doesn't mean you did anything wrong, but it's likely why this is happening now rather than before. When you appeal, make sure to address any potential discrepancies in reported work hours or income between what your employer might have submitted and what you certified during your unemployment period.
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Caesar Grant
•That makes a lot of sense actually. I did apply for PFML through my current employer, but during COVID I was working for a different company that went out of business. I wonder if that's where the conflict is happening.
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Andre Lefebvre
This is a really stressful situation, but you're not alone - many people are dealing with these delayed overpayment notices. The good news is that PFML and ESD unemployment are completely separate programs, so your medical leave benefits should continue while you sort this out. Focus on three immediate steps: 1) Appeal the overpayment within 30 days (you still have time since you got the letter yesterday), 2) Request the overpayment waiver application if you believe you reported everything correctly, and 3) Gather all your documentation from 2020-2021 including pay stubs, work schedules, and your weekly certifications. The timing with your PFML application likely triggered a data cross-check that flagged something - this doesn't mean you did anything wrong. Take it one step at a time and don't let this derail your recovery process.
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