ESD appeal taking 2+ months after 'able to work' mistake - what's normal timeline?

The appeal process is completely broken right now. My appeal for a similar issue took 3.5 months before they even SCHEDULED a hearing, then another 3 weeks before the actual hearing happened. ESD is swamped and they prioritize new claims over appeals. It's totally unfair because you can't get any benefits while waiting.

have u tried calling the appeals office directly? thats different than regular esd number. might get answers faster that way

Appeals are taking between 8-12 weeks right now before you get scheduled for a hearing. Unfortunately, the "able and available" issue is one of the most common appeal types, so there's a backlog. Here's what you need to do: 1. Call the Office of Administrative Hearings (OAH) at 360-407-2700 to check your appeal status 2. Make sure they have your current contact information 3. Start preparing evidence that shows you were able to work (job applications, work search activities, etc.) 4. Continue filing your weekly claims while waiting for the appeal The good news is that this type of appeal involving an accidental form error usually gets resolved in your favor, especially if you've been consistently filing weekly claims and doing job searches. When you get to the hearing, clearly explain it was a simple mistake while filling out the form.

my cousin had the same thing happen last year! clicked wrong box by accident. took almost 3 months for his appeal but he got ALL the back pay when he won. just keep filing your weekly claims so you don't miss out on any payments when they fix it

I went through EXACTLY this last year. Made the same mistake about being able to work. The appeals process is painfully slow, but there's a workaround to at least talk to someone about your case status. I used Claimyr (claimyr.com) to get through to an actual ESD agent. They have this system that holds your place in line and calls you back when an agent is available. Saved me hours of waiting on hold. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent couldn't speed up my appeal but at least confirmed it was in the system and gave me an estimate of when I might get a hearing date. That peace of mind was worth it for me. My appeal eventually took about 10 weeks total.

The ESD system is DELIBERATELY designed to be confusing and make people fail. That "able to work" question trips up THOUSANDS of people every year. They could fix the form to make it clearer but they DON'T because denials save them money!!!! You'll eventually win your appeal but they're hoping you'll give up before then. KEEP FIGHTING THEM!!

I'm an unemployment navigator with a local workforce development council. Appeals are indeed taking 8-12 weeks currently, which is longer than the pre-pandemic standard of 4-6 weeks. Here's what might help while you wait: 1. Contact your state representative's office. They often have liaisons who can check on unemployment issues. Sometimes this can expedite things, especially in hardship cases. 2. Apply for other assistance programs like food benefits or emergency rental assistance if you're facing eviction risk. 3. Make sure you're fully prepared for your hearing. For an "able and available" issue, you'll want to clearly explain it was a form error, provide evidence of your job search activities, and be ready to explain why you're able to work. Don't lose hope - these types of appeals involving simple form errors have a high success rate, and you'll receive all back benefits if you win.

Has anyone received an actual timeline from ESD recently? Every time I call they give different answers. First they said 6 weeks, then 10 weeks, then "we can't say" - complete runaround and it's impossible to budget or plan when you have no idea when you might get money!

Quick update to my earlier comment - I just checked with a colleague who works with appeals cases. The current average for scheduling "able and available" appeals is about 9 weeks, but they are trying to expedite cases where it was clearly a form error rather than an actual availability issue. Make sure when you call OAH that you emphasize this was simply checking the wrong box, not an actual limitation on your ability to work. That might help get your case prioritized.