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Just want to say thanks to everyone who answered questions in this thread. I was really confused about whether I could get both benefits but now I understand the rules better. Going to file my unemployment claim this week!
Good luck with your claim! Just remember to be completely honest about your work restrictions and keep detailed job search records.
Glad this thread helped you too! It definitely cleared up a lot of confusion for me as well.
This is such a helpful thread! I'm in a similar situation - got injured at my construction job 3 weeks ago and my doctor says I can do desk work but no heavy lifting or standing for long periods. I've been hesitant to apply for unemployment because I wasn't sure if it was allowed while getting workers comp. Reading everyone's experiences here gives me confidence to file my claim. One question though - should I wait until my L&I case is fully established or can I apply for UI benefits right away as long as I have my work restrictions documented?
You don't need to wait for your L&I case to be fully established - you can apply for unemployment benefits as soon as you have documented work restrictions that allow you to perform some type of work. The key is having that medical documentation from your doctor showing you're cleared for desk work. Washington ESD will want to see that you're able and available for work within those restrictions. Just make sure you're honest about your situation when you file and mention that you're receiving workers comp. The sooner you apply, the sooner you can start receiving benefits while you're job searching!
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The whole system is designed to make you give up. Stay persistent and keep filing weekly claims. Document everything in case you need to appeal later.
Good point about documenting everything. I'll start keeping better records of all this.
Screenshots are your friend. Save everything from your account while you can.
I'm going through the exact same thing right now! My claim has been in adjudication for about 10 days and I'm starting to panic about bills. Reading through everyone's experiences here is actually really helpful - at least I know I'm not the only one dealing with this nightmare. The lack of communication from Washington ESD is the most frustrating part. I've been continuing to file my weekly claims like others suggested, but the uncertainty is really getting to me. Has anyone found any patterns in how long different types of adjudication issues take to resolve?
I feel you on the panic about bills - that's exactly where I'm at too. From what I'm seeing in this thread, it seems like employer verification issues (like what Noah went through) can take 4-6 weeks, while routine stuff might be closer to 2-3 weeks. The really frustrating thing is there's no way to know which category you fall into without actually talking to someone. Keep hanging in there and definitely keep filing those weekly claims!
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u should file a complaint with the state attorney generals office too. they take this stuff seriously cuz its actually illegal for esd to take ur refund without sending a tops notice first. my cousin got her $ back that way after esd ignored her for months
This is good advice. The AG's office can sometimes move things along faster than going through ESD's internal processes. Make sure to mention in your complaint that they failed to follow proper notification procedures required by the Bureau of Fiscal Service.
UPDATE: Following everyone's advice, I compiled all my documentation (verification documents, record of all contact attempts, appeal confirmation, etc.) into a single PDF. Wrote a formal demand letter citing the Bureau of Fiscal Service requirements and CC'd my state rep and the Commissioner's office. Shockingly, I got an email response within 3 days saying my case was being expedited for review. Just checked my ESD portal today and all the disqualified weeks have been switched back to PAID status and my overpayment balance is now $0! They haven't mentioned when I'll get my tax refund portion back, but at least the overpayment is cleared. Thank you all for your advice - especially about including state officials in the communications. That seems to have been the key to getting attention on my case.
This gives me hope!! I'm going to do exactly the same thing. Could you possibly share a template of your demand letter (without personal info of course)?
Wow, this is amazing! I'm so glad you got it resolved. I'm dealing with a similar situation right now - ESD took $2,100 from my refund with zero notification. Would you mind sharing which state rep you contacted and how you formatted that demand letter? I've been spinning my wheels for weeks trying to get through to someone who can actually help. Your success story gives me hope that there's a way out of this nightmare!
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One more thing - if you win your appeal, Washington ESD should also remove the misconduct determination from your record. That's important for future benefit claims. Make sure they do that as part of the decision.
Oh I didn't think about that. How do I make sure they clear my record?
The judge's decision should specify that the misconduct finding is overturned. If it doesn't say that explicitly, you can request clarification.
I'm dealing with a similar situation right now - got denied for "misconduct" after questioning some questionable practices at my workplace. Reading through everyone's responses here has been really helpful. It sounds like Washington ESD has a pretty specific legal standard for gross misconduct and refusing unsafe work definitely shouldn't meet that threshold. @Zara, your case sounds really strong especially with that employee handbook documentation. I'm also going to try that Claimyr service to actually get through to someone at ESD - the phone system has been impossible. Thanks everyone for sharing your experiences, this community is invaluable when dealing with these bureaucratic nightmares.
@Malik, so sorry you're going through this too! It's really frustrating when employers try to twist legitimate workplace concerns into "misconduct." From what everyone's shared here, it sounds like we both have good grounds for appeal since questioning unsafe/questionable practices is usually protected. Definitely try the Claimyr thing - I'm planning to use it tomorrow to get through to ESD and ask some specific questions about my case. Keep us posted on how your appeal goes! This whole thread has made me feel so much more confident about fighting this.
Noah huntAce420
UPDATE: Wanted to let everyone know my situation got resolved! I called ESD this morning (got through after 35 minutes on hold) and the agent explained they were doing a random quarterly check on my claim. She said the doctor's appointment wasn't an issue as long as I was available to work the rest of the week. She approved my claim while I was on the phone and said the payment should process tonight. So relieved! Thanks everyone for your help and advice. Seems like this really is just a random thing they do occasionally.
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Ana Rusula
•congrats!! always feels good to get these stupid issues resolved. set a reminder on ur phone for 3 months from now lol, they might do it again!
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Charity Cohan
Glad to hear you got it resolved! This thread is super helpful for understanding these random availability checks. I'm new to unemployment benefits and had no idea ESD did these periodic reviews. Good to know it's not necessarily a sign that something's wrong with your claim. Bookmarking this for reference in case it happens to me down the road!
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