ESD appeal denied before documentation deadline - Hostile adjudicator after Governor's office involvement

You're definitely in the right to appeal this decision. The adjudicator's behavior is concerning and not following proper ESD protocols. When you file your appeal (which must be done within 30 days of the denial), make sure to include a timeline of events that clearly shows the adjudicator made their decision before your documentation deadline expired. Also include any emails or communications proving when you submitted the documentation and when the denial was issued. Request all records ESD has regarding your case through a formal records request immediately. During the appeal hearing, stick to the facts: the adjudicator 1) showed bias, 2) failed to follow proper procedures, and 3) made a determination without reviewing all evidence. OAH (Office of Administrative Hearings) judges are independent from ESD and generally fair.

Same thing happened to me!!! The adjudicators are on power trips and dont care about your actual situation. I didn't contact the governors office but I got the RUDEST person who literally interrupted me every time I tried to explain. He made up his mind before even reviewing my documents. I lost my appeal though because I didn't have a lawyer and the judge just sided with ESD. The system is rigged against us!! 😡😡

I've worked with ESD appeals professionally, and what the adjudicator did is procedurally incorrect. They MUST consider all documentation submitted within the timeframe they provide. For a medical separation case, you'll need: 1) Medical documentation showing the condition required leaving work, 2) Evidence that you notified your employer about the condition if possible, and 3) Documentation that you're now able and available for work. At the hearing, the judge will review everything from scratch - it's called a 'de novo' review, meaning the OAH judge isn't just reviewing the adjudicator's decision but making a completely new determination based on ALL evidence. Be concise, organized, and don't get emotional even if ESD representatives try to provoke you. If you have an attorney, they can help prep you, but many people successfully represent themselves in these hearings.

ugh thats so frustrating!! i had a similar issue but didnt bother appealing cuz seemed like a waste of time. wish id known contacting the governors office could speed things up at least!

Have you tried calling ESD directly to speak with a different adjudicator or supervisor about this situation? I know getting through to them is basically impossible with their phone system, but I recently used a service called Claimyr (claimyr.com) that got me connected to an ESD agent within 15 minutes after weeks of failed attempts. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. I was able to get my issue escalated to a supervisor who actually reviewed my case properly instead of the first adjudicator who clearly made mistakes. Might be worth trying before your appeal hearing to see if you can get a different decision.

Whats the point of giving people deadlines if they just ignore them anyway? This is why I hate dealing with government agencies. Its all bureaucracy and they can break their own rules whenever they want. Good luck with your appeal but dont get your hopes up to be honest...

I went through an appeal last year and won. Here's what helped me: 1) I organized a binder with all documents in chronological order with tabs and a table of contents, 2) I wrote out a clear timeline of every interaction with ESD including dates, times, and names, 3) I practiced explaining my case in under 5 minutes without getting emotional, 4) I had someone play "devil's advocate" and ask me tough questions before the hearing. Most hearings are done by phone, so I had all my documents spread out where I could see them during the call. The judge was actually very fair and let me explain everything. My denial was overturned and I received backpay for all the weeks during the appeal process.

Dude adjudicator spen like 2 minutes on the phone w/ me too and denied me lol. They basically decide b4 they even call u. I filed appeal but its been like 9 weeks waiting for hearing date. Keep filing ur weekly claims tho!!!

Quick update - we filed our appeal yesterday and requested all our records from ESD. Now we're preparing all the documentation and practicing for the hearing like many of you suggested. We'll definitely keep filing weekly claims too (thanks for that tip!). This community has been so helpful in navigating this process - it's made us feel much less alone in fighting this unfair denial. Will update when we eventually get a hearing date or if anything changes!