After 12-month battle, ESD finally paid my benefits - Appeal advice for denied claims

Finally got some relief after fighting with ESD for over a year! They just deposited partial payment for my benefits (about $4,800) but they still owe me for February and March 2025. The whole process has been a complete nightmare - I was initially denied because they claimed I "voluntarily quit" when my construction company actually laid me off due to project cancellations. For anyone dealing with ESD denial letters: DO NOT GIVE UP! File that appeal with the Office of Administrative Hearings (OAH) immediately. I didn't know this at first, but OAH provides free attorneys who actually understand unemployment law. My hearing was intimidating but my attorney demolished ESD's arguments. It took 14 months of weekly calls, constant messages, and three separate hearings, but I finally won. If you're in the appeals process now, stay strong and document EVERYTHING. Anyone else have success appealing a denial?

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16 comments

Isabella Silva

•14d

Congratulations on winning your appeal! This is really important information for people to know. The fact you mention about OAH providing attorneys is actually not widely known. When you appeal an ESD denial, you can request legal aid through the Office of Administrative Hearings, and they'll assign you representation at no cost if you qualify. It's especially important for cases involving separation issues like voluntary quit vs. layoff. The documentation part you mentioned is critical - keep copies of ALL communication with your employer regarding separation, any ESD letters, and a detailed log of all conversations. The appeals process generally takes 30-45 days for scheduling a hearing once you file, but can be expedited in hardship cases. Did they explain why they're still holding February and March payments? Sometimes they release payments in stages due to different issues being resolved separately.

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Malik Robinson

•14d

Thanks! They said something about the Feb/March payments being under separate adjudication because I had some part-time hours during those months. The adjudicator mentioned they need to verify my earnings reports with the employer. It's frustrating because I reported everything accurately, but at least the bulk of my benefits finally came through. And yes - the attorney was a game-changer! At first I tried representing myself and was completely lost with all the unemployment regulations and burden of proof requirements. The OAH attorney knew exactly what evidence to focus on and how to counter ESD's arguments.

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Freya Andersen

•14d

In most cases, ESD won't release any payments until after a favorable hearing decision. However, if you're experiencing severe financial hardship, you can request an expedited hearing by submitting a hardship request form to OAH. Make sure you clearly document your financial situation (risk of eviction, utility shutoffs, etc.). When you call ESD, try using Claimyr (claimyr.com) - it's a service that helps you bypass the wait times and actually connects you with an ESD agent. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 showing how it works. I was skeptical at first but it saved me hours of frustration when I needed to resolve an adjudication issue. Much better than the constant busy signals and disconnections.

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Isabella Silva

•14d

File your appeal immediately to protect your rights, then try to resolve it with ESD in parallel. The appeal deadline is strict - if you miss it, you'll likely lose your right to contest the decision regardless of the circumstances. When you file the appeal, include copies of all the information you previously submitted along with proof of submission dates (screenshots of sent messages, confirmation numbers, etc.). In your appeal statement, clearly explain that you provided all requested information through the proper channels. Even if you manage to resolve it with ESD directly before your hearing date, you can always withdraw your appeal later. But you can't file an appeal after the deadline has passed without exceptional circumstances.

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Freya Andersen

•14d

Just want to add some context that might help others: The success rate for appeals with legal representation is significantly higher than those without. According to OAH statistics from 2024, claimants with representation won approximately 67% of their appeals, compared to only 41% for those representing themselves. If you're denied representation through OAH for some reason, there are also nonprofit legal aid organizations like the Unemployment Law Project that can help. They specialize in unemployment cases and work on a sliding scale basis. Also worth noting that the appeal needs to be filed within 30 days of the date on your determination letter (not the date you received it). If you're close to that deadline, you can file a basic appeal immediately just stating you disagree with the determination, then submit additional documentation later.

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