Disqualified after adjudication - will appealing send my ESD case to a judge?
I just found out I was disqualified for unemployment benefits after waiting SIX WEEKS in adjudication! The letter says something about 'failure to provide sufficient documentation of work availability' but I submitted everything they asked for! I'm freaking out because I really need these benefits. If I file an appeal, does that mean my case gets assigned to an actual judge? Has anyone gone through this appeal process with ESD? How long does it take? Do I need a lawyer? And should I keep filing my weekly claims during the appeal or is that pointless now?
19 comments


Samantha Hall
Yes, when you appeal a disqualification decision, your case will go to the Office of Administrative Hearings (OAH) where an Administrative Law Judge will review your case. You definitely should continue filing your weekly claims during the appeal process - if you win the appeal, you'll only get paid for weeks you properly claimed. The appeal deadline is 30 days from the date on your determination letter, so don't delay filing it.
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Noah Torres
•Thank you for this! Do you know roughly how long it takes for the appeal hearing to be scheduled? And will it be in person or over the phone? So stressed about this!
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Ryan Young
happened to me 2 months ago... their reason was bs too. something about my id verification not matching but i sent them my license and everything!!! the system is broken
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Sophia Clark
•Did you end up appealing it? What was the outcome?
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Katherine Harris
I went through the appeal process last year and won. Here's what you need to know: 1. File your appeal ASAP - use the online appeal option in your eServices account 2. KEEP FILING YOUR WEEKLY CLAIMS - this is crucial! 3. Gather ALL documentation related to your work availability 4. The hearing will be scheduled 3-5 weeks after you file the appeal (mine was at 4 weeks) 5. Hearings are usually done by phone - prepare your arguments clearly 6. You don't need a lawyer, but you can have representation if you want Most importantly, read the disqualification letter carefully to understand exactly why they denied you. Your appeal should directly address those specific reasons with evidence.
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Noah Torres
•This is incredibly helpful, thank you! When you had your phone hearing, how long did it last? And how soon after did you get the decision?
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Katherine Harris
•My hearing lasted about 45 minutes. The judge asked questions first, then I presented my case. Got the decision in the mail 10 days later. If you win, payment usually comes within a week after the decision.
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Madison Allen
I had SAME EXACT ISSUE in January!!! "Failure to provide sufficient documentation" but I sent them EVERYTHING. The real problem is that the adjudicators are overwhelmed and sometimes make snap decisions without reviewing all documents. Once you get to a judge at OAH, you'll actually get a fair review. One suggestion - if you're having trouble getting through to ESD to ask questions about your appeal (I couldn't get anyone for DAYS), try using Claimyr (claimyr.com). They got me connected to an ESD agent in 25 minutes after I had been trying for a week. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Totally worth it because I needed specific info about what to submit for my appeal.
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Noah Torres
•Thank you! I've been calling ESD all morning and can't get through. Will check out that service because I have so many questions about this appeal process.
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Joshua Wood
•does this claimyr thing really work? seems kinda sketchy that you have to pay to talk to a govt agency...
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Justin Evans
THE APPEAL SYSTEM IS A JOKE!! I waited 7 weeks for a hearing only to have them cancel it the day before because "the ESD representative wasn't available" and then reschedule for 3 weeks later!!! Keep filing those weekly claims but don't hold your breath waiting for them to actually help you.
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Katherine Harris
•That's really unfortunate, but it's not the typical experience. Most hearings go as scheduled, and while the system isn't perfect, the OAH judges are generally fair and independent from ESD. Did your rescheduled hearing eventually happen?
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Sophia Clark
When I appealed my disqualification last summer, I made sure to include any new evidence I hadn't previously submitted. The judge told me during the hearing that the additional documentation was what made the difference in my case. So if you have ANY other proof of your work availability that you didn't send during adjudication, include it with your appeal!
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Noah Torres
•That's good to know! I actually have some additional emails showing I was applying for jobs that I didn't submit before. I'll definitely include those with my appeal.
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Joshua Wood
Dont u have to do 3 job searches every week too? Maybe thats why u got denied? My cousin got denied for missing 1 week of job searches even tho he was looking but forgot to log them.
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Noah Torres
•I did all my job searches and logged them every week! The letter specifically mentions "work availability documentation" not job searches. I think it's related to some questions they asked about my availability to work different shifts.
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Samantha Hall
•That's an important distinction. "Work availability" usually refers to your ability and availability to accept suitable work, while job search activities are a separate requirement. If they questioned your availability for certain shifts, you'll want to address that specifically in your appeal with documentation showing you were in fact available for suitable work.
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Emily Parker
My sistrs boyfriend got disqualifed too but he didnt appeal it he just applied for a different type of uneployment and got that instead maybe try that?
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Samantha Hall
•There aren't different "types" of unemployment you can simply apply for if you're disqualified. There are different programs (regular UI, extended benefits, etc.), but if you're disqualified from regular UI for availability issues, those same issues would affect eligibility for other programs. Appeals are the proper way to challenge a disqualification.
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