Denied ESD benefits after 7 weeks in adjudication - appeal process & homeless risk

I went through this last year. It took about 5-6 weeks from filing my appeal to actually getting a hearing date. Then another 2 weeks until the actual hearing. The whole process took almost 2 months for me. As for the employer not responding thing - YES that can actually help you! My employer didn't show up to my hearing either and the judge specifically noted that in their decision in my favor. Make sure you prepare all your documentation though!

sorry ur going through this. same thing happened to me in 2021 xcept my employer actually DID respond but with fake info. i think their just denying everyone at first now. the govs office wont help btw i already tried that route

Call your local WorkSource office and ask about emergency rental assistance programs in your area while you wait for the appeal. They have connections to various community organizations that can help prevent eviction. As for the appeal itself, I recommend preparing a clear written statement explaining why you qualify for benefits. Since your employer didn't respond to ESD's inquiry, make sure to mention that during your hearing, as it does strengthen your position significantly. For the hearing timeline - appeals are currently taking 4-6 weeks to be scheduled from my experience helping people navigate the system. You should receive a packet from OAH with instructions about 10 days before your hearing date.

I was in adjudication for 12 weeks then denied!!! The system is BROKEN. The employers have all the power and ESD just takes their word for everything without even checking facts. It's honestly criminal how they treat people who are already struggling.

I was in a similar position last year and managed to win my appeal. Here's what helped me: 1. Start documenting EVERYTHING. Print all emails between you and your employer. Write down dates/times of all conversations about your separation. 2. For the hearing itself - you don't need an attorney, but you do need to be organized. The judge will give you time to explain your side. Stick to facts and timelines, not emotions. 3. If you're facing homelessness, contact 211 immediately for emergency housing assistance programs. 4. Your employer not responding to ESD but then contesting your claim is actually a point in your favor. Make sure to mention this clearly during the hearing. Have you tried using Claimyr to reach ESD directly? I was stuck in the phone queue for days before discovering it at claimyr.com. They connected me to an ESD agent in about 25 minutes who was able to give me specifics about my case that helped me prepare for my appeal. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3

While you're waiting, make absolutely sure you continue filing your weekly claims! This is CRITICAL. If you win your appeal but haven't been filing weekly, you won't get backpay for those weeks. I learned this the hard way and lost out on almost $4,200 in benefits I should have received.

I just remembered something else - when you get your hearing notice from OAH, it will have instructions for submitting evidence. Make sure you submit EVERYTHING at least 1 week before the hearing. I made the mistake of trying to introduce new evidence during my hearing and the judge wouldn't accept it because I didn't submit it ahead of time.

Yes, text messages are absolutely evidence you should submit! Take screenshots and organize them by date. Also, I forgot to mention - the OAH hearing will be by phone (not in person), so make sure you're in a quiet place with good reception when the time comes. Have all your documents spread out in front of you for easy reference.