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Amina Diallo

Can ESD appeals result in partial UI approval or is it all-or-nothing?

I'm super confused about how appeal decisions work with ESD. I got disqualified from receiving unemployment after my employer said I quit (I didn't - they reduced my hours so much I couldn't pay bills). I filed an appeal with OAH and have my hearing next week. My question is - can the judge approve me for just SOME benefits instead of all? Like maybe approve benefits from April onward but not for March? Or is it totally black and white - either I get everything approved or nothing at all? The letter I got doesn't explain what outcomes are possible. Has anyone been through an appeal and gotten a partial approval?

GamerGirl99

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Appeals can definitely have nuanced outcomes! The judge can make several different decisions: 1. Full approval - overturning ESD's disqualification completely 2. Partial approval - granting benefits for specific weeks/periods while denying others 3. Modified eligibility - changing your benefit amount or starting date 4. Complete denial - upholding ESD's original decision I went through an appeal last year. The judge found that while I wasn't eligible for the first three weeks (because of a misunderstanding about job search requirements), I was eligible for all remaining weeks. So I received partial benefits. Make sure you bring documentation about your reduced hours. Constructive discharge (where they reduce hours so dramatically that it forces you to quit) is often treated differently than a voluntary quit.

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Amina Diallo

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Thank you so much!! That's exactly what I needed to know. I've been so stressed thinking it was all-or-nothing. I have screenshots of my old schedule vs new schedule showing they cut me from 35 hrs to just 8 hrs a week. I'll make sure to emphasize the constructive discharge angle.

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ya appeals can go either way. my buddy got partial approval after his hearing. they said he was eligble from may but not april cuz of some training program he was in. OAH judges seem pretty fair from wat i heard

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LOL fair??? My experience was AWFUL!!!! Judge sided with my employer even though they LIED about everything!!! The system is RIGGED against workers!!!

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Malik Jenkins

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I just went through an appeal hearing last month for a similar situation. In my case, the judge decided I was eligible, but at a reduced weekly benefit amount based on some part-time earnings they recalculated. So yes, there are definitely middle-ground outcomes. BTW, when preparing for your hearing, focus on these key points: 1. Document the exact reduction in hours with dates 2. Any communications with your employer about the reduction 3. Evidence that you couldn't financially survive on the reduced schedule 4. Any attempts you made to resolve the situation before leaving Good luck with your hearing! Let us know how it goes.

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Amina Diallo

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Thank you for the tips! Did you have a lawyer or did you represent yourself? I can't afford a lawyer but I'm worried I'll mess something up.

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back in 2022 i got patrail benefits from my appeal. they denied 4 weeks but aproved everything else. i had to pay back $2300 but got to keep the rest of my benefits. better than nothing i guess.

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Eduardo Silva

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This is exactly what worries me about appeals. I'm not even sure if I should appeal because if I lose, will I have to pay back everything I've already received? Does anyone know if appealing puts your current benefits at risk too? Or just the ones under dispute?

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Leila Haddad

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Have you been able to reach ESD directly to ask about possible outcomes? I've been trying to get through to them about my own issues for weeks with no luck - always disconnected or put on hold forever.

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Try using Claimyr! Saved me HOURS of frustration. It basically holds your place in line and calls you back when an ESD agent is available. I was skeptical, but it got me through to a real person in about 40 minutes instead of spending all day redialing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Their website is claimyr.com - seriously worth checking out when you're desperate to talk to ESD about appeal questions or anything else.

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Emma Johnson

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My cousin works for ESD (not in appeals though) and she says appeal decisions can be mixed. Sometimes they'll approve you but change your monetary determination or the effective date. Sometimes they'll deny some weeks but approve others. Depends on your specific circumstances and the evidence presented.

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Amina Diallo

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UPDATE: Had my hearing yesterday! It was actually less scary than I expected. The judge said they'll mail me the decision in 1-2 weeks. I explained about the reduced hours and showed my evidence. The employer didn't even show up! Fingers crossed!

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GamerGirl99

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That's great news! When employers don't show up, it's often harder for them to prove their case. Keep us posted on the outcome.

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good sign if employer didnt show! happened to my roommate and she won her case.

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Eduardo Silva

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Can I ask a related question? I'm in a similar situation but haven't filed my appeal yet. Does anyone know if the 30-day deadline to appeal is from the date on the determination letter or from when you actually receive it? My determination is dated April 12th but I didn't get it until April 22nd because of mail delays.

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Malik Jenkins

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It's 30 days from the mailing date (the date on the letter), not when you received it. However, you can request an extension due to mail delays - you'll need to explain the situation. File your appeal immediately and include an explanation about the mail delay. Don't wait any longer!

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