Can't find option to appeal Commissioner's Review on ESD website after denial

The ESD website is SO confusing!! I went through same thing last month. You actually can't file the Commissioner's Review appeal online directly through eServices even though the letter says you can. You need to go to the Washington State Office of Administrative Hearings website instead and download the form there. Then you can either mail it or fax it to the address on the form.

The previous commenter is partially correct, but there's a better way. While you can download the form from the OAH website, the most efficient method is to use the ESD's secure message center. Here's what you need to do: 1. Log into your eServices account 2. Click on "Contact Us" or "Send a Message" (they occasionally rename this) 3. Select "Appeals" as the category 4. In your message, clearly state you are requesting a Commissioner's Review of your denial 5. Include your docket number from the hearing decision 6. Explain your reasons for appeal Be specific about why you believe the judge's decision was incorrect - focus on legal errors or misinterpretation of facts, not just that you disagree with the outcome. The Commissioner's Review is looking for errors in how the law was applied to your case.

I hate to be the bearer of bad news, but Commissioner Reviews are EXTREMELY difficult to win. Out of hundreds of cases, they only overturn a tiny percentage. The judges basically stick together and protect each other. I went through this whole process and spent weeks preparing my case only to get a form letter rejection that basically just rubber-stamped the original denial.

I went through this exact process in February. The secure message center method works, but I found calling ESD directly was faster for getting confirmation that my appeal was received. The problem is getting through to a real person who can help. I discovered a service called Claimyr (claimyr.com) that connected me to an ESD agent in about 20 minutes when I'd been trying for days on my own. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. This saved me from missing my appeal deadline because the agent verified they received my message and added notes to my account about the appeal. Worth considering if you're running close to your deadline!

@profile7 It's completely legitimate. It just holds your place in line and calls you when an agent is available. I was skeptical too but was desperate after trying for days to get through. They don't need any sensitive info - just your phone number to call you back when they connect you to ESD. The ESD agent I spoke with even said many people use it because of their phone system limitations.

Quick tip - make sure u SAVE EVERYTHING! Print the confirmation of ur message if u use eservices. my buddy thought he filed his commissioner review but ESD claimed they never got it & he had no proof. also ur employer will probably respond to ur appeal so be ready for that

Yes, you'll receive copies of any response your employer submits. The Commissioner's Review is less formal than the hearing process but still follows procedural rules. To answer your earlier question - yes, you should attach relevant documentation to your message. Include: 1. A copy of your hearing decision (with docket number) 2. Any evidence that supports your position 3. A clear explanation of why the judge's interpretation was incorrect Keep in mind that you generally can't introduce new evidence that wasn't presented at the original hearing. The review focuses on whether the judge made legal errors based on the evidence already presented.

Let us know how it goes! I've got my fingers crossed for you. The whole unemployment system feels designed to wear people down until they give up. but stay persistent!!