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Daniel Price

Can I get ESD backpay for delaying my unemployment application by several months?

I lost my job back in February but didn't file for unemployment until last week. I know this was a huge mistake, but I kept thinking I'd find another job quickly, then got overwhelmed with family issues, and honestly was embarrassed about needing benefits. Now I'm in a tight financial spot and wondering if there's any way to get backpay for the months I was eligible but didn't apply? Has anyone successfully gotten ESD to pay benefits retroactively when you waited to file? I'm kicking myself for waiting so long but really need the help now.

Unfortunately, the answer is probably no. ESD is VERY strict about this. I went through something similar last year—waited about 6 weeks to file because I thought I had a job lined up that fell through. When I finally applied, they only paid from the week I actually filed, not when I became unemployed. The agent told me they almost never backdate claims unless it was specifically THEIR error that prevented you from filing.

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Ugh that's what I was afraid of. Thanks for the honest answer though. Did you try to appeal or was it just a firm no from the start?

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Actually, there are some limited circumstances where ESD might approve retroactive benefits, but they're pretty rare. You would need to prove you had "good cause" for not filing earlier. Things that might qualify: - You were physically or mentally unable to file (hospitalization, severe illness) - You received incorrect information from an ESD representative - Natural disaster prevented filing - You were approved for backdating under certain special programs If any of these apply to you, you'd need to call ESD and specifically request backdating with a detailed explanation. But be prepared for them to say no - they're really strict about this rule.

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Thank you for this detailed info! I don't think any of those circumstances really apply to me, unfortunately. I was just unsure about the process and kept putting it off. I'll still call and ask, but I won't get my hopes up.

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i waited like a month to file my claim last yr and they didnt give me nothing for those weeks. said something bout how ur claim starts the week u file not when u lost ur job. its dumb imo

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After trying for WEEKS to reach ESD by phone about my retroactive benefits question (different situation but similar issue), I finally used this service called Claimyr that got me through to an actual agent in about 20 minutes. Cost money but saved me days of frustration. The agent confirmed that backdating is possible but only in specific circumstances like others mentioned. You can see how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 or go to claimyr.com Even if they can't backdate your claim, at least you'll get a definitive answer from an actual ESD rep rather than wondering.

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Sounds like a scam. Why would you pay money to talk to ESD when you can just keep calling for free?

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Not a scam at all. I spent HOURS redailing ESD for days and never got through. This service just automates the calling process and holds your place in line. Was worth it to me to not waste any more time. Your call though.

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This exact thing happened to me in 2023! I waited 3 months to file because I was dealing with a death in the family and just couldn't handle the paperwork. When I finally applied, I actually did get 2 weeks of backdated benefits, but only because I had documentation showing I was the primary caregiver for my terminally ill parent during that time. They initially denied my request, but I submitted a formal appeal with medical documentation and they partially approved it. So it is POSSIBLE but you need extremely compelling circumstances and documentation.

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I'm sorry about your loss. Thanks for sharing your experience - I don't have circumstances anywhere near as serious as yours, so I'm guessing they won't make an exception in my case.

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The official ESD rule is that benefits begin the week you file your application, not when you became unemployed. It's right on their website. It's one of those rules that seems unfair but they're really strict about it. My advice - file your weekly claims consistently from now on and focus on the benefits you CAN get rather than the ones you missed. Also make sure you're doing the required 3 job search activities each week and documenting them properly. Don't risk your current benefits by missing any requirements!

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You're right - I'll focus on making sure I do everything correctly going forward. I've been reading up on the job search requirements and am tracking everything carefully now.

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This is why the unemployment system is so broken! They make the rules complicated on purpose so people miss out on benefits they deserve. I bet if you contacted your state representative and made a big enough fuss, you could get someone to override this stupid rule. The money is there - they just don't want to give it to you!

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While I understand your frustration, contacting a state representative likely won't change the outcome here. The backdating rules are part of state law, not just ESD policy. They can't simply be overridden by a representative. The best approach is to understand the current rules and work within them while advocating for any policy changes through appropriate channels.

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Not directly related but make sure youre setting aside money for taxes next year!! I didnt realize unemployment benefits were taxable my first time and got hit with a huge bill. Just a heads up since you mentioned youre new to this.

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Thank you, I had no idea they were taxable! I'll definitely set some aside.

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So what ended up happening? Were you able to get any backdated benefits or did they deny you?

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I called yesterday and as everyone predicted, they said no. The representative was actually really nice about it but explained that without a qualifying reason, they can't backdate. So I'm just focusing on my current claim now and making sure I do everything right going forward. Lesson learned the hard way!

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Sorry to hear they denied your request, but honestly that's what I expected based on my own experience. The silver lining is that you're getting benefits now and you've learned how strict they are about following the rules. Make sure you're documenting everything carefully - I keep a spreadsheet with all my job applications, contact info, dates, etc. It's saved me a couple times when they've asked for proof of my job search activities. Also don't forget to report any part-time work or odd jobs you might pick up while collecting - they're really picky about that stuff too. Good luck with your job search!

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