ESD Appeal Hearing Friday - How to Win After Taking Severance Instead of PIP?

I was in a very similar situation last year! Make sure you get a letter from your therapist explicitly stating how your mental health condition affected your ability to perform your job functions and why taking the severance instead of PIP was medically necessary. The OAH judge will be looking for a direct connection between your medical condition and why you couldn't continue employment. Also bring any documentation from your employer about the PIP requirements to show it would have been unreasonable given your condition. When I appealed, I also brought my prescription medication history to show I was being treated for anxiety before the separation occurred. Good luck!

Ur gonna need more than just a therapist letter tbh. ESD is BRUTAL with voluntary quits. They basically think everyone who takes severance is trying to double dip with unemployment + severance $$$. Did u tell your employer about your mental health BEFORE they gave u the PIP option?? Thats super important!!

I had my appeal hearing in March for a similar situation (though mine was related to a physical health condition). Here's what you absolutely need to have for Friday: 1. Medical documentation dated BEFORE you accepted severance showing your condition 2. Evidence that your employer knew about your condition prior to offering the PIP/severance option 3. A letter from your healthcare provider explaining why the PIP wouldn't have been reasonable with your condition 4. Any performance reviews or documentation showing your work was satisfactory BEFORE your health declined The judge will be looking to determine if you had "good cause" to leave employment. Mental health can qualify as good cause, but you need to show you tried to preserve your employment before accepting severance. Also, prepare a clear timeline of events to present.

i heard its super hard to get thru to ESD to ask questions before appeals. you might be stuck on hold for hours trying to get any info. so frustrating

MAKE SURE YOU PREPARE!!! My appeal was a disaster because I wasn't ready for the judge's questions. They will ask you very specific things like: - Exactly when did you first seek treatment? - Did you request workplace accommodations? - Why couldn't you attempt the PIP? - Was there any option besides quitting? They don't care about general statements about your condition. They need SPECIFIC evidence that connects your condition to why continuing work was impossible. If your manager testifies, they might contradict your version of events, so be ready for that.

I won my appeal after taking severance instead of a demotion due to health issues. The key factor was proving that I had no reasonable alternative. For your case: 1. Document exactly how your depression/anxiety symptoms made it impossible to successfully complete a PIP 2. Get your medical provider to specifically state this in their letter 3. Bring any emails/texts showing you discussed your condition with your employer 4. Be prepared to explain why you didn't request accommodations instead One thing that really helped me: I organized a binder with dividers and labeled all my evidence clearly. The judge appreciated how organized I was and could quickly find what they needed. Also, practice your opening statement explaining your situation clearly and concisely.

One more crucial thing - make sure you actually attend the hearing and arrive early! Sounds obvious but I've heard of people missing their appeal times and automatically losing. Set multiple alarms if it's a phone hearing. If it's in person, scope out the location the day before if possible. Also, speak clearly and address the judge respectfully ("Your Honor" is appropriate). First impressions matter a lot in these hearings.

my cousin got denied twice even with doctors notes so dont get your hopes up tbh. the system is rigged against workers

How's your appeal preparation coming along? You have about 48 hours to get everything in order. Here's my final advice based on helping several people through this process: 1. Make 3 copies of everything (one for you, one for the judge, one for employer's rep) 2. Write out answers to likely questions so you don't freeze up 3. Be honest but strategic - focus on how your condition made continuing employment impossible 4. If you stumble or get confused during questioning, it's okay to ask for a moment to collect your thoughts 5. Stick to facts rather than emotions when describing your situation One more thing - if your condition might make it difficult to participate fully in the hearing, you can request reasonable accommodations for the hearing itself. Let us know how it goes on Friday!