Backdating appeal hearing denied - job search during waiting period affecting my case?

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...

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

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!

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

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.

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.

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!!

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

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.

I had a backdating appeal hearing about 6 months ago with a very similar situation - I was laid off and spent weeks job searching without realizing I should have filed for unemployment immediately. The key thing that helped me win was framing it as a genuine misunderstanding about eligibility rather than avoidance of the system. During my hearing, I emphasized three main points: 1) I truly believed unemployment benefits were only for people who had stopped job searching, 2) I was actively doing everything I thought was required (job searching), and 3) I had no prior experience with unemployment so I relied on incorrect assumptions. The judge asked me directly why I didn't call ESD or research online, and I explained that I was focused entirely on finding work and operating under the misconception that filing for benefits would somehow conflict with active job searching. I think being honest about the confusion rather than defensive made a big difference. Your extensive job search documentation is actually a huge asset - it proves you weren't just sitting around doing nothing. Make sure to present it as evidence that you were fulfilling what you believed were your obligations during unemployment. Good luck with your hearing!

I'm going through a backdating appeal myself right now and wanted to share what I've learned from talking to other claimants who've been through this process. The judges definitely vary in how they interpret the "good cause" standard, but several people have told me that having extensive job search documentation like yours actually strengthens your case significantly. One thing that might help - if you have any emails or texts you sent to friends/family during those 8 weeks mentioning your job search or expressing confusion about unemployment benefits, bring those as evidence. They can help demonstrate your genuine state of mind at the time. Also, practice explaining your timeline clearly and concisely. The judges appreciate when you can walk through exactly what happened week by week without getting too emotional or defensive. Focus on the facts: when you were laid off, what you understood about the process, what actions you took, and when you realized you should have filed earlier. The $4,200 you're owed shows this is definitely worth fighting for. Even if the odds aren't perfect, you've got a legitimate case with the misunderstanding angle and strong job search evidence. Wishing you the best of luck with your hearing next week!