Backdating appeal hearing denied - job search during waiting period affecting my case?
I'm super stressed about my backdating appeal hearing with ESD next week. They initially denied my request to backdate my claim by 8 weeks because I 'didn't make sufficient attempts to contact ESD during the period I'm trying to backdate.' Truth is, I was spending every waking hour submitting job applications (probably 60+ during that time) because I was desperate to avoid the unemployment system altogether. I had heard nightmares about delays and was hoping to just find work quickly. Now I'm in this weird position where my diligent job searching actually worked AGAINST me for backdating purposes? I've submitted all my job search logs for those 8 weeks as evidence for the hearing (way more than the required 3 activities per week), but I'm worried the judge will just see that I never called ESD and deny me again. Has anyone gone through a similar hearing for backdating? How strict are they about the 'must have attempted contact' rule if you can prove you were actively job searching the whole time? I'm owed about $4,200 for those weeks and really need the money.
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Eli Wang
I went through a backdating hearing last month and won, but my situation was different. I had proof I tried calling ESD 14 times during the period I wanted backdated (screenshots of my phone log). The judge was really focused on that effort to contact them. Not sure how they'll view just having job search proof without contact attempts...
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Nora Brooks
•Did you have any other evidence besides the phone logs? I'm wondering if I can make a case about not knowing I needed to contact them specifically while job searching.
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Cassandra Moon
hate to say this but your probably screwed... ESD is SUPER strict about the backdating rules and they want to see you tried to use they're system first. Job searching is what your SUPPOSED to do anyway so that doesnt help you. When i had my hearing the judge literally said 'being unaware of the requirements doesnt exempt you from following them' total bs bureaucracy
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Zane Hernandez
•This isn't entirely accurate. The OAH judges make independent decisions from ESD, and they sometimes overturn backdating denials. In one recent case I know of, the claimant demonstrated they were actively seeking work but didn't know they were eligible for benefits during a specific timeframe. The judge ruled in their favor despite no contact attempts with ESD.
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Genevieve Cavalier
I successfully appealed a backdating denial last year. Key factors in my case: 1. I clearly explained WHY I didn't contact ESD (in my case, I was told by my employer I wasn't eligible) 2. I provided a detailed timeline of everything I did during the period 3. I cited WAC 192-110-095 which discusses backdating for "good cause" 4. I was very prepared and respectful during the hearing The job search documentation will definitely help your case, but you need to focus on why you didn't know you needed to contact ESD. Was there confusion about eligibility? Did you misunderstand something about the process? Frame it around a legitimate reason, not just that you were hoping to avoid dealing with them. Good luck with your hearing!
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Nora Brooks
•Thank you! This is really helpful. I genuinely didn't understand I needed to file while job searching - I thought unemployment was only for when you stop looking. I'll focus on that misunderstanding during the hearing.
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Ethan Scott
i had a backdate hearing in february and it was so frustrating!!! kept me on hold for 45 minutes then the judge talked over me the whole time. they denied my appeal even tho i had tried calling ESD three times! the whole system is broken if u ask me
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Lola Perez
When is your hearing scheduled? I STRONGLY recommend you call ESD beforehand to discuss your situation and get advice on what specific evidence might help your case. Of course, getting through to ESD is its own challenge... I've been using Claimyr (claimyr.com) to connect with ESD agents - it actually works! They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It got me through to a real person in less than 20 minutes after spending two weeks trying on my own. The agent I spoke with gave me exactly what to say in my appeal hearing and it made all the difference.
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Nora Brooks
•My hearing is next Thursday. I'll check out that service - at this point I need all the help I can get preparing!
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Nathaniel Stewart
•does that service actually work? ive been trying to get through to ESD for 3 weeks about my adjudication issue and keep getting disconnected
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Lola Perez
•Yeah, it worked for me. I was skeptical too but after the 20th time of getting disconnected I was desperate. You still might wait a bit but at least you actually get through.
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Zane Hernandez
Here's what you need to understand about backdating appeals specifically: OAH judges look for a combination of factors, not just contact attempts. While contact with ESD is important, they also consider: 1. Whether you had "good cause" under WAC 192-110-095 for not filing earlier 2. Whether you were truly eligible during the backdated period (which your job search logs help establish) 3. If there were circumstances preventing you from understanding the filing requirements In your hearing, focus on explaining that you misunderstood the concurrent requirements - that you didn't realize you could file while actively job searching. Many people mistakenly believe that unemployment is only for those who have stopped looking for work. Make sure to organize your testimony chronologically and stick to relevant facts. OAH hearings are recorded and fairly formal. Present your job search documentation clearly labeled by date. Statistically, about 30-40% of backdating appeals are successful, so it's definitely worth preparing thoroughly.
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Nora Brooks
•Thank you for the detailed information. I definitely did misunderstand the requirements - I truly thought unemployment was only if you weren't actively job searching yet. Is it worth bringing a written statement to read from so I don't get flustered during the hearing?
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Zane Hernandez
•Yes, absolutely prepare a written statement. Judges appreciate organized presentations. Keep it under 5 minutes and focus on these key points: 1. Your employment background (briefly) 2. When and why you became unemployed 3. Your misunderstanding about filing requirements 4. Your job search efforts (with documentation) 5. Why you believe you qualify for backdating under "good cause" Have your job search logs organized chronologically with a summary page showing the total number of applications by week. The judge will appreciate the organization.
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Cassandra Moon
My friend had this EXACT same situation and lost her appeal. Judge said job searching is a requirement anyway so it doesn't count as a reason not to file. The whole system is designed to find ways to deny you money!!
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Eli Wang
•When did your friend have her hearing? I'm wondering if things have changed recently because I've heard of people winning these appeals in the last few months...
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Riya Sharma
just wondering did u ever actually try to file during those 8 weeks and get stuck in the system or did u not file at all? cuz those r different situations with backdating
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Nora Brooks
•I didn't file at all during those 8 weeks. I was laid off and immediately started job hunting, thinking I needed to find a job first before applying for unemployment. I genuinely didn't understand I could do both simultaneously.
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Riya Sharma
•oh that makes it harder but not impossible. my cousin won his appeal with a similar situation but he had documentation showing he was misinformed by his employer about eligibility
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Genevieve Cavalier
I just remembered something important - make sure you specifically address WAC 192-110-095(2)(b) which states one reason for backdating is "The individual did not know they were unemployed and eligible for benefits." This exactly matches your situation if you genuinely didn't understand you could receive benefits while job searching. Also, in your job search documentation, highlight that you were doing MORE than the minimum required activities. This shows you were acting in good faith and following what you understood to be the requirements. Beware that the judge might ask why you didn't research the unemployment process online. Have an honest answer prepared for this.
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Nora Brooks
•Thank you! That regulation sounds exactly like my situation. I'll definitely cite that and prepare an answer about why I didn't research more thoroughly. Honestly, I was in panic mode trying to find work and had some incorrect assumptions about how unemployment works.
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