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I'm going through an appeal right now for something similar. Make sure you specifically request a hearing when you file your appeal! I made the mistake of not checking that box and it delayed my case by 3 weeks. Also, definitely try calling ESD to see if they can fix it without going through the whole appeal process, but good luck getting through to them. I tried for two weeks straight before I found a way to actually reach someone.
Thank you for the tip about requesting a hearing! I definitely would have missed that. Did you eventually get through to ESD? What finally worked?
I used that Claimyr service someone mentioned above. Was hesitant at first but it actually worked - got through to ESD in about 45 minutes after trying for days on my own. The agent couldn't immediately fix my issue but at least documented everything in my file which apparently helped speed up the appeal process.
One important thing to know: If you win your appeal, you'll get backpay for all the weeks you continued to file claims. So don't stop filing your weekly claims just because you've been initially denied! I've seen so many people make this mistake and lose out on thousands of dollars of benefits they were entitled to. Also, the Office of Administrative Hearings (OAH) handles unemployment appeals, not ESD directly. They're generally more thorough and less overwhelmed than ESD. Your hearing will likely be scheduled 3-6 weeks after you file your appeal. Having your HR manager as your representative is golden - make sure they're available for the hearing date when it's scheduled.
my cousin works for esd (not in claims dept tho) and she says theyre SUPER backed up right now because of system updates they did in march. standby stuff is taking longer than normal. she said maybe even 2 weeks for some people :
UPDATE: Just wanted to let everyone know that my standby extension was finally approved! It took 7 business days total. For anyone else in this situation - I ended up registering on the out-of-work list as a precaution but kept checking my account daily. The approval showed up without any notification email, so definitely keep checking your account regularly. Thanks for all the advice!
just went thru this myself! turned out they never processed the employment verification from my boss even tho he sent it twice!! when i finally got an actual person on the phone they fixed it in like 10 mins and i got backpay for all 11 weeks i waited. keep calling!!!
That's encouraging to hear you got backpay for everything! Did they add any interest or anything for the delay? We're accruing late fees on bills that wouldn't be happening if they had processed his claim on time.
I just wanted to follow up on my earlier comment. If your husband's employer is contesting the separation reason (layoff vs. quit), that is almost certainly the cause of the delay. This type of dispute requires an adjudicator to review documents from both sides and potentially conduct fact-finding interviews. However, 15 weeks is still far too long. The challenge right now is that you need to: 1) Get someone at ESD to confirm this is the actual issue, and 2) Get an adjudicator assigned to make a determination. Did you submit a copy of any layoff notice, separation letter, or email communication about the project ending? These documents are critical in these types of disputes. Also, if other employees were laid off at the same time, statements from them can be helpful evidence. One other thought: Is your husband continuing to file weekly claims during this wait? This is absolutely crucial. Even with the adjudication pending, he needs to file every week without fail to receive backpay once the issue is resolved.
Yes, he's been religiously filing every single week since November 1st. We know he'd lose those weeks otherwise. And yes, we submitted his layoff notice which clearly states "layoff due to completion of Redmond project" along with emails from his supervisor confirming the same. We even had a coworker who was laid off the same day submit a statement. It's baffling that they still haven't resolved it with all that documentation.
Yes! Say yes! He GOT the money! Doesnt matter WHEN he got it, matters IF he got it! ESD is asking if he received severance that was MEANT to cover that week not if he literally got a check during that week.
To add some clarity to this thread: In Washington state, ESD specifically requires reporting of all severance payments. The key regulation is under WAC 192-190-070, which covers how severance affects unemployment benefits. The answer to your specific question is yes - you must report the severance payment even though it was received as a lump sum prior to the week in question. ESD will typically allocate the severance across multiple weeks based on your husband's previous wage. For instance, if he received $7,500 in severance and was earning $2,500 per week, ESD would consider that as covering 3 weeks after separation. Your benefits would be reduced or eliminated during this allocation period. I recommend both reporting the payment AND adding a clear note in the comments section explaining it was a lump sum severance paid on his last day. This creates a clear record if there are any questions later.
Just to clarify something that others haven't mentioned - when ESD contacts your employer about your claim, they'll be looking specifically at whether your separation was due to: 1. Lack of work (including staff reductions) 2. Voluntary quit 3. Discharge for misconduct If they try the "missed work" excuse, that would fall under #3, but they would need documentation showing you were warned, had a pattern of absences, etc. The fact they immediately switched to "staff reduction" when challenged suggests they have no such documentation. Make sure to thoroughly explain the situation when you file, and if your claim ends up in adjudication (which it might), be prepared to provide those emails about job security and your attendance records. I was in adjudication for 6 weeks last year before getting approved with backpay, so just be mentally prepared that it might not be instant approval.
6 weeks is a long time to wait! I hope mine goes through faster than that. Is there anything I can do to speed up the process or at least improve my chances of getting approved without a lengthy adjudication?
Submit all your documentation upfront instead of waiting for them to ask. Include a clear timeline of events with your initial claim if possible. And most importantly, keep filing your weekly claims even while waiting for the initial determination! If approved, you'll get paid for all those weeks, but only if you've been filing consistently.
To answer your earlier question about timing - standard processing is 2-3 weeks IF there's no dispute from the employer. But with the changing reasons they gave you, there's a good chance they'll contest it and your claim will go to adjudication. That can take anywhere from 3-8 weeks in my experience. Make sure you: 1. File immediately 2. Submit any documentation proactively 3. Keep filing weekly claims while waiting 4. Start your job search right away (3 activities per week) 5. Document EVERYTHING (save emails, write down conversations) And most importantly - be 100% honest on your application. Any discrepancies could delay things even further.
Is the waiver retroactive? Like does it mean you were eligible the whole time? If so maybe you can argue that since they just NOW determined you were eligible all along, you should be able to claim those weeks since you were misled by their incorrect overpayment determination? Just a thought, not sure if it works that way.
That's an interesting perspective, but unfortunately that's not how waivers work in the ESD system. A waiver doesn't mean the overpayment determination was incorrect - it means that while the overpayment did occur, ESD has decided to forgive the debt due to financial hardship, ESD error, or other qualifying circumstances. The original eligibility determination remains unchanged. Also, even if the original determination was reversed through an appeal (which is different from a waiver), there would still be the separate issue of the filing deadlines for weekly claims, which are strictly enforced regardless of the reason for missing them.
For future reference for anyone reading this: If you ever receive an overpayment notice but believe you're still eligible for benefits, you should CONTINUE to file your weekly claims while simultaneously addressing the overpayment issue (either through appeal or waiver request). This preserves your rights to those benefits if the overpayment is resolved in your favor. If you stop filing weekly claims, you essentially forfeit those weeks regardless of how the overpayment situation is ultimately resolved. Always file on time, every week, until explicitly told you're ineligible by ESD.
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
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.
That's fantastic news! For the tax refund portion, you'll likely need to follow up with the ESD Collections department specifically. They should issue a release to the IRS, but it typically takes 6-8 weeks for the IRS to process the refund. Keep documentation of the overpayment reversal in case you need it.
my neighbor said she drove to the tacoma office and waited in line but they saw her in person. maybe worth a try if ur nearby?
After struggling with this same issue, I finally got through using a combination of methods: 1. I used Claimyr (saw it mentioned above) which actually worked to get me in the phone queue 2. When I finally spoke to an agent, I asked specifically for a callback number in case we got disconnected 3. I had ALL my information ready - claim ID, dates of employment, last employer contact info 4. I requested the agent make notes on my account about our conversation It took some persistence, but I finally got my claim moved from adjudication to approved. The key was getting that first person-to-person contact. Once you have a real human looking at your claim, things move much faster.
Update: I submitted both the Redetermination Request and the Petition for Commissioner's Review yesterday. I also managed to talk to an actual claims specialist using the Claimyr service someone suggested above (which actually worked!). The specialist could see the problem right away - they had my work history completely mixed up in the system. She said she's flagging my account for urgent review and created a new fact-finding for my most recent employer. I'm cautiously hopeful this might finally get resolved. Will update when I hear more. Thanks for all the advice!
That's great progress! When a claims specialist flags an account for review, it typically gets prioritized. The fact they're doing a new fact-finding for your most recent employer is exactly what needed to happen. Keep checking your eServices account daily for any new information or questionnaires they might add.
Hiroshi Nakamura
Wait till next Monday before freaking out. My last payment took 6 days to hit my account after showing "paid" and ESD wouldn't do anything about it because their system showed it was already paid. The whole system is broken if you ask me. But your money will come... eventually. This state's unemployment system is a joke.
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Javier Morales
•totally agree!! I had to wait 17 WEEKS for my initial claim to be approved last year! then they wonder why people get desperate and panicky about when money will arrive
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Paolo Bianchi
UPDATE: Money hit my account this morning! Thanks everyone for the reassurance and advice. For anyone with the same question in the future - my timeline was: Sunday (holiday) marked as "paid" in the ESD system → funds appeared in bank account early Thursday morning. So about 3 business days total.
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Yara Assad
•Great news! Thanks for coming back to update us - that helps others who might search for similar issues in the future. Glad it all worked out!
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