ESD appeal taking forever - facing eviction with a child - desperate!
I filed my appeal with OAH back in early December (it's late January now) and haven't heard ANYTHING back except the confirmation letter saying they received it. I got disqualified for supposedly "refusing suitable work" which is totally FALSE - the job paid $9/hr less than my previous position and was 50 miles from my home! I've been checking my eServices account daily and calling the appeals office twice a week but just get voicemail. Meanwhile, my landlord has started eviction proceedings because I'm 2 months behind on rent ($2650 total). I've called 211 and all the rental assistance programs either have no funding or can only offer $200-300 which doesn't even cover 1/4 of my monthly rent. I have a 7-year-old daughter and don't know what to tell her if we get kicked out. Has ANYONE had their appeal actually get resolved? How long did yours take? Are there any emergency options while waiting for an appeal decision that I'm missing? I'm having panic attacks daily at this point.
18 comments


Danielle Mays
Unfortunately the appeals process is taking much longer now because of the backlog. Mine took 6 weeks before I got a hearing date, and then another 2 weeks after the hearing to get a decision. That was back in October-November. Check your mail carefully - they sometimes send hearing notices by regular mail, not just through eServices. For housing help, try contacting your county's Housing Authority directly instead of 211. They sometimes have emergency funds that aren't listed in the 211 database. Also, once you have an actual eviction notice (not just a pay or vacate), you can apply for the Eviction Prevention Program which can cover up to 3 months of rent.
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Derek Olson
•Thank you so much!! I've been checking my mail obsessively but nothing yet. I'll try the Housing Authority tomorrow - didn't think of that. My landlord gave me a 14-day pay or vacate notice last week, so I guess that's not technically an eviction notice yet? This is all so confusing and terrifying.
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Roger Romero
ha the appeal system is A JOKE!!!! i waited 3 MONTHS for mineee. esd is broken and they DO NOT CARE about us. i lost my apt too waiting for them to fix there mistake. the system is designed to wear u down so u give up. KEEP CALLING EVERY DAY!!
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Anna Kerber
•This isn't helpful. While there are issues with the system, telling someone to call every day won't help with an appeal. OAH (Office of Administrative Hearings) handles appeals, not ESD directly. Calling repeatedly won't expedite the process and might actually frustrate staff who are trying to process cases.
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Niko Ramsey
I work with a tenant rights organization, and I strongly recommend you immediately send your landlord a copy of your appeal confirmation and explain your situation. In Washington, you can request a payment plan before the 14-day notice expires. Many landlords will work with you if they know you have a legitimate unemployment appeal pending. Regarding your appeal: The "suitable work" issue is actually appealable with a good chance of success if the job truly paid substantially less and was unreasonably far from your home. Make sure you have documentation showing your previous wage and the offered position's details. Have you received a hearing date yet?
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Derek Olson
•That's a really good idea about the payment plan! I'll draft something today. Yes, I have documentation - my previous job paid $32/hr and this offer was $23/hr plus the crazy commute would have cost me $300+ in gas monthly. No hearing date yet, just the letter saying they received my appeal on December 8th.
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Seraphina Delan
my brother had the same thing happen last year. he finally called his state representative's office and they have staff that can help with ESD issues. they called some special number and got his appeal expedited because of hardship. worth a try?
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Jabari-Jo
•This is actually excellent advice. I've seen numerous cases where contacting your state representative created movement on stalled claims. They have dedicated constituent services staff who can often cut through red tape. You can find your representative at leg.wa.gov by entering your address. Email them explaining your hardship situation (particularly mention having a child and facing eviction) and they can often help expedite matters.
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Kristin Frank
If you need to actually TALK to someone at ESD while waiting for your appeal (which I definitely recommend), try using Claimyr. I was in a similar situation and couldn't get through on the phone for weeks. Claimyr got me connected to an ESD agent in about 28 minutes when I'd been trying for days on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent I spoke with was able to see notes on my appeal and give me more information than what showed online. They also directed me to emergency resources I didn't know about. Definitely worth it in your situation.
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Roger Romero
•does this actually work tho?? seems sketchy to me
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Anna Kerber
Regarding your disqualification for "refusing suitable work" - this is actually a common issue with specific criteria for appeal. Under WAC 192-170-050, suitable work takes into account: 1. The degree of risk to your health, safety, and morals 2. Your physical fitness 3. Your prior training and experience 4. Your prior earnings 5. The length of unemployment 6. The distance from your residence to the workplace The fact that the job paid $9/hr less than your previous position AND was 50 miles away gives you strong grounds for appeal. Make sure you emphasize both these points during your hearing. By law, you're not required to accept work that pays substantially less than your customary wage, especially when combined with an unreasonable commute distance. Regarding the timeline: appeals are currently taking 6-8 weeks to be scheduled, which unfortunately means you might still have another 2-4 weeks to wait. Have you submitted a hardship request? You can call OAH directly at 1-800-583-8271 and explain your housing situation to request expedited processing.
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Derek Olson
•THANK YOU for this detailed info! I didn't know about the hardship request - calling them first thing tomorrow morning. The job would have actually been a net loss for me when factoring in the commute costs, plus I'd need additional childcare hours which I can't afford. Should I put all this in writing before the hearing? And should I get a lawyer? I'm so scared of saying the wrong thing.
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Micah Trail
have u tried churches? when i got evicted waiting for unemployment my local catholic church paid my rent for a month no questions asked. worth a shot.
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Derek Olson
•I hadn't thought of that. There's a big church a few blocks from me - I'll stop by tomorrow. At this point I'm willing to try anything. Thank you!
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Jabari-Jo
I've helped several clients through the ESD appeals process, and while it's frustrating, there are some steps you can take: 1. File a hardship request with OAH specifically mentioning the eviction risk and having a minor child. Call 1-800-583-8271 and follow up with an email to oah@oah.wa.gov including your appeal number. 2. For immediate housing assistance, contact the Washington Homeowner Assistance Fund if you own your home, or the Department of Commerce's Eviction Rent Assistance Program (ERAP) if you rent. They have emergency funding specifically for people awaiting unemployment benefits. 3. Prepare for your appeal by organizing documentation that shows: - Your previous wage rate ($32/hr you mentioned) - The offered job's wage ($23/hr) - The distance to the new job (map printout showing 50 miles) - Calculation of gas/transportation costs - Any childcare complications the new schedule would create 4. Consider asking for a continuance if you get a hearing date but don't feel prepared. The good news is that refusing work due to substantial pay reduction AND excessive commute distance is commonly successful on appeal. The bad news is that the timeline is indeed 6-8 weeks currently before hearings are scheduled.
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Niko Ramsey
•This is excellent advice. I'd add that when contacting OAH for a hardship request, use the exact phrase "financial hardship expedite request" as this triggers a specific protocol. Also worth noting that if you get an unfavorable decision at the OAH level, you have 30 days to appeal to the Commissioner's Review Office, which can overturn OAH decisions.
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Seraphina Delan
i know this isnt a solution but if u have family anywhere else maybe send ur daughter to stay with them until this is over? that way even if worst happens and u need to go to shelter she doesnt have to. just thinking what id do in ur shoes
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Derek Olson
•I wish that was an option but my parents passed away and my sister is overseas with the military. My daughter's dad isn't in the picture at all. We're kind of on our own here. But I appreciate the suggestion.
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