ESD OAH appeal hearing tomorrow - urgent fax question

Faxing documents the morning of your hearing is cutting it EXTREMELY close. The judge might not have time to review them before your hearing starts. Ideally you should've submitted evidence at least 3 business days before the hearing date. Call the OAH office first thing in the morning (they open at 8am) and let them know you're sending last-minute evidence. Then immediately after faxing, call to confirm they received it. Make sure your name and case number are on EVERY page you fax.

I had my appeal hearing last month and won! My advice: 1) Be super organized - have all your dates and facts ready, 2) Speak clearly and don't interrupt the judge, 3) Focus on the EXACT reason for disqualification and address ONLY that issue, 4) When the judge asks if you have questions for ESD's representative, USE THAT OPPORTUNITY to highlight inconsistencies. For your documents - yes, it's late but better to try than not. The judge has discretion to accept them. Good luck!

fax them now dont wait til morning!!! most oah offices have 24hr fax machines. then bring extra copies to the hearing too just in case. my cousin did his hearing last year and judge was super strict about evidence deadlines

During my appeal hearing, the judge asked me very specific questions about my job search efforts and availability for work. Make sure you can clearly explain: 1) Your work schedule flexibility, 2) Your childcare arrangements if applicable, 3) Your transportation situation, and 4) Any restrictions you might have on acceptable work. They're looking for proof you were truly able and available to work during each week you claimed benefits. About the faxing - it is late, but still fax them and bring copies to the hearing. Better late than never.

I tried to call ESD for three weeks straight before my appeal and could never get through!!! The system is totally rigged against us. They deny claims hoping people won't appeal because the process is so complicated. My hearing got postponed TWICE and I had to take unpaid time off work each time. The whole system is broken!!!!!

Another tip - prepare a 2-3 minute opening statement summarizing your case. When the judge asks why you believe the determination is incorrect, that's your moment to clearly present your side. Focus on FACTS not emotions. For the "available for work" issue, highlight specific examples of your flexibility and readiness to accept suitable work. Mention your active job search efforts as evidence of your availability.

i had a hearing once and literally got disconnected halfway thru lol... had to wait for them to call back and the judge seemed annoyed with ME even tho it wasnt my fault?? make sure ur phone is charged and ur in a quiet place with good reception

For your "available for work" case specifically - be prepared to respond to questions about any restrictions you placed on your availability. The most common reasons ESD denies for this reason are: 1) Claimant limited hours/days they can work, 2) Transportation limitations, 3) Salary requirements too high for local market, 4) Too selective about job type, or 5) School/training schedule conflicts. Know exactly which one they cited in your determination letter and have a specific response ready.

my fax never went thru for my hearing n the judge still let me explain my evidence over the phone so dont panic if the fax doesnt work!!

Based on your comment about the doctor's appointment - you should win this appeal. A single one-hour medical appointment does NOT make you unavailable for work under ESD rules. Make sure to emphasize that it was a one-time appointment, that you were available all other hours that week, and that you continued your job search activities. Bring your job search logs showing applications from that specific week if possible. This should be a straightforward reversal if presented clearly.