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Stay strong and keep filing those weekly claims! The back pay will come eventually and hopefully your decision arrives soon. It's a broken system but don't let them wear you down.
I'm going through a similar situation right now - filed my appeal in September and had my hearing in October, still waiting for the decision. It's incredibly stressful when you're counting on that income to pay rent and utilities. One thing that's helped me stay sane is setting a specific day each week to check for updates rather than obsessively checking every day. Also seconding what others said about continuing to file weekly claims - I almost made that mistake too until someone on here warned me. Hang in there, it sounds like you have a strong case with the documentation you mentioned.
One more thing about Claimyr - if you do use their service to reach Washington ESD, make sure you have all your questions ready beforehand. The ESD agents are usually helpful once you actually get through to them, but the call can be limited in time.
I work in HR and see this situation fairly often. While refusing a drug test is generally considered refusing suitable work, there are some nuances that might help your case. If you have a medical marijuana card or are on prescription medications that would cause a positive result, you might have grounds for appeal. Also, some employers are willing to work with candidates who are honest about needing time to get clean - it's worth asking about delayed start dates in the future. The key is being truthful with ESD about what happened and why. They do investigate these cases individually, so don't assume you're automatically disqualified.
This is really helpful insight from the HR perspective. I don't have a medical marijuana card, but I am on some prescription medications for my anxiety that might show up. Would that be something worth mentioning if I get called for an adjudication hearing? And how would I go about proving that the medications are legitimate?
I'm going through something similar right now - was terminated for attendance related to my disability accommodation. From what I've learned lurking here, the key thing is documenting EVERYTHING. Make sure you have copies of your original ADA accommodation paperwork, all doctor's notes (especially for that 4th day), any communications with HR about your condition, and proof that you followed proper call-out procedures. Also, when you do get that determination letter and file your appeal, consider requesting an "in-person" hearing (which is usually by phone now). Having a real conversation with the judge seems to work better than just submitting paperwork. The judge can ask follow-up questions and really understand that your absence wasn't willful misconduct but a medical necessity. Hang in there - it sounds like you have a solid case based on what others have shared about similar situations!
I'm really sorry you're dealing with this stress on top of everything else. Just wanted to add that if you do end up needing to go to a hearing, don't be intimidated by the process. I had a hearing last year for a different issue and the administrative law judge was actually pretty understanding and asked fair questions. One thing that really helped my case was organizing all my documents chronologically - so like your original accommodation approval, then doctor visits/notes leading up to that 4th day, the actual doctor's note for that day, your termination paperwork, etc. It helped tell the story of how this was an ongoing medical situation, not just someone skipping work. Also, if your doctor is willing, see if they can write a brief letter explaining that your condition can have unpredictable flare-ups that sometimes exceed planned accommodations. That kind of medical backing really strengthens your argument that the extra day wasn't misconduct but medical necessity. Keep your chin up - sounds like you followed all the right procedures and have good documentation. That puts you in a much better position than a lot of people who end up in appeals.
My sister got in trouble for not reporting her freelance work right away so definitely file your claim and report the hours! Better to report and get $0 than have them come after you later about it. ESD is serious about this stuff.
I went through something very similar when I started a contract position last year. Just wanted to emphasize what others have said - definitely keep filing your weekly claims and report everything accurately. The key thing that helped me was treating it exactly like any other job for reporting purposes: report the hours worked and estimate your gross earnings for that week. One thing I learned the hard way is to be super consistent with how you report each week. If you're calculating based on an hourly rate, use the same method each time. And don't stress too much about the exact dollar amount if you're unsure - ESD understands that contract work can have variable pay. The important thing is showing good faith effort to report honestly. Since it's a 6-month contract, you might want to think about whether you'll be looking for other work during that time, as that affects how you answer the job search questions. Good luck with the new position!
This is really helpful advice about being consistent with reporting methods! I'm curious - when you were doing your contract work, did you ever have weeks where the actual hours or pay ended up being different than what you initially reported? Like if a project took longer than expected or got finished early? I'm wondering how to handle those situations if they come up during my 6-month contract.
Javier Mendoza
To answer your earlier question - yes, when I got through to ESD using Claimyr, the agent was super helpful about exactly what documentation I needed. They sent me a form called "Medical Statement" that my doctor filled out specifying what work I could still do despite my limitations. That form was way more helpful than just a doctor's note because it asked all the right questions ESD needed answers to. Definitely worth getting through to ask for that specific form!
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Keisha Robinson
•That's exactly the kind of specific info I needed! I'll definitely try to get through to ask for that form before my doctor appointment. You've all been so helpful, I feel much more prepared now.
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Emily Nguyen-Smith
I'm dealing with a similar situation right now! I have fibromyalgia and chronic fatigue, and ESD initially denied me because they said I wasn't "able and available" for work. But like you, I can still do certain types of work - just not the physically demanding retail job I had to leave. I'm in the middle of my appeal process now and here's what I've learned so far: 1) Make sure your doctor's letter is VERY specific about what you CAN do, not just what you can't. Mine initially just said "cannot stand for long periods" but ESD needed more detail like "can work seated positions, can lift up to 10 pounds, can work full-time with accommodation" etc. 2) Start applying for desk jobs RIGHT NOW and keep records of your applications. You need to show ESD you're actively seeking work within your limitations. 3) Consider looking into vocational rehabilitation services too - they can help document that you're genuinely seeking work you can physically perform. The whole process is really stressful but don't give up! From what I've read in this thread, it sounds like appeals can be successful if you have the right documentation. Hang in there!
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Chloe Anderson
•Thank you for sharing your experience! It's reassuring to know I'm not alone in dealing with this. The fibromyalgia/chronic fatigue combo sounds really challenging too. I really appreciate the tip about being specific in the doctor's letter - I was just going to ask for a note saying I can't stand, but you're right that I need to focus on what I CAN do. How long have you been waiting for your appeal decision? And have you found the job search part difficult with your conditions?
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