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ESD appeal hearing Tuesday - how to prepare for unemployment hearing?

Just got notified that my unemployment appeal hearing is scheduled for Tuesday (like 3 days from now!) and I'm freaking out. This is my first time going through this process with ESD. They denied my initial claim saying I didn't have enough work hours but I definitely do - my employer just reported my hours wrong. Does anyone have experience with these appeal hearings? Is it over the phone or Zoom? Do I need to prepare documents or something? Should I have a lawyer? I'm so stressed about this and don't want to mess it up and lose benefits I really need right now. Any advice would be super helpful!

Declan Ramirez

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I went through an appeal hearing last month. It was over the phone with an Administrative Law Judge. Make sure you have ALL your paystubs, W2s, and any communication with your employer about your hours. Write down key dates and hours worked so you don't get flustered. The judge will ask you questions first, then ESD might have a representative ask questions too. Be super clear about your work history and why you believe your employer reported incorrect information. Speak slowly and clearly. You don't need a lawyer, but you definitely need to be organized with your facts. Good luck!

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A Man D Mortal

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Thank you!! This is super helpful. Did you win your appeal? I'm nervous that it's so soon and I need to gather all this stuff over the weekend.

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Emma Morales

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OMG i had my hearing and i was SO nervous but it was actually pretty chill. just be honest u don't need a fancy lawyer or anything. make sure ur phone is charged lol mine almost died halfway thru 😂

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A Man D Mortal

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Good point about the phone! Did you submit any documents beforehand or just bring them to the call?

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Here's what you need to do to prepare for your OAH hearing: 1. Gather all evidence showing your correct work hours (pay stubs, time cards, emails from supervisors, bank deposits) 2. Submit these documents to OAH before the hearing (there should be instructions in your hearing notice) 3. Write a timeline of your employment with specific dates and hours 4. Prepare a brief statement explaining why you believe ESD's decision was incorrect 5. Be ready 15 minutes before the scheduled time 6. Take notes during the hearing The hearing will most likely be by phone. You'll be sworn in, and the judge will explain the process. Be respectful, don't interrupt, and stick to facts rather than emotions. I've been through three of these hearings (won two). The key is organization and staying calm.

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A Man D Mortal

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This is exactly what I needed, thank you! The letter mentions something about "exhibits" - is that what you mean by submitting documents? And do I just email them or is there a special system?

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Yes, exhibits are your supporting documents. There should be instructions in your hearing notice about how to submit them - usually by fax or through their online portal. Make sure to do this ASAP as there's typically a deadline for submission before the hearing. Also make sure to have copies of EVERYTHING during the actual hearing so you can reference them when needed. Number your pages so you can say "looking at exhibit 3, page 2" etc.

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A Man D Mortal

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Got it. Just checked and I need to submit by tomorrow! Going to gather everything tonight. Thanks again, this is super helpful.

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Lucas Parker

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I think your also allowed to have witnesses if someone can back up your claim about hours. Like maybe a coworker who knows you were there?? Just a thought.

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Donna Cline

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Yes, witnesses are allowed, but you have to notify OAH in advance if you plan to have any. It should say in the hearing notice how to do this. But with only a few days left, it might be complicated to arrange this.

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Harper Collins

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Look, I hate to be that person, but ESD appeal hearings are EXTREMELY formal and by-the-book. I lost my appeal because I wasn't prepared enough. One thing no one mentioned: when you get on the call, write down the judge's name. Address them as "Judge [Last Name]" not just "sir" or "ma'am". BE EARLY for the call. If you're even 5 minutes late, they can dismiss your case. Also, don't ramble or go off-topic. These judges hear dozens of cases a day and get annoyed if you waste time. Stick to FACTS ONLY.

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A Man D Mortal

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Oh wow, that's intense. I'm definitely going to be early and super prepared. Sorry you lost your appeal - that really sucks.

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Kelsey Hawkins

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I tried calling ESD like 50 times to get clarification before my hearing and could never get through. The waiting time was insane and I kept getting disconnected. Super frustrating when you're trying to prepare properly.

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Declan Ramirez

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I had the exact same problem! I finally used Claimyr (claimyr.com) to get through to ESD without the endless wait. They have a service that helps you connect with an actual ESD agent. Saved me hours of frustration. Check out their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I was able to ask all my questions before my hearing and felt way more prepared.

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Dylan Fisher

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my cosin had a appeal and they made him fax all his stuff but then at the hearing they said they never got it but he had the fax confirmation so the judge postponed it which was actually good because he had more time to prepare just saying keep copies of EVERYTHING

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Donna Cline

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This is excellent advice. Always keep confirmation receipts for anything you submit. Screenshots too. The system makes mistakes all the time.

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Kelsey Hawkins

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Whatever you do, DON'T LOSE YOUR COOL during the hearing!!! I got frustrated when ESD kept interrupting me and started arguing, and the judge basically shut me down after that. Even if they say things that aren't true, stay calm and wait your turn to respond. It's REALLY hard but so important.

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A Man D Mortal

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That's good advice. I tend to get emotional when I'm stressed but I'll practice staying calm. Maybe I'll write down what I want to say ahead of time.

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Emma Morales

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btw if u win do they pay u all the back benefits right away? i'm curious about this too

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If you win your appeal, it typically takes 7-10 business days for ESD to process the judge's decision and release any back payments owed to you. Sometimes faster, sometimes slower depending on their current workload. You'll still need to have filed your weekly claims during the waiting period to receive those weeks' benefits.

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