ESD appeal timeline after claim denial - how long until OAH hearing?

went thru this last yr. took about 4-5 wks from filing appeal till i got the hearing notice in mail. then another 2 wks till actual hearing date. mine was by phone. whole process took almost 2 months from denial to decision. sucks to wait that long but they're always backed up

The Office of Administrative Hearings (OAH) typically schedules hearings within 30-45 days of receiving your appeal from ESD. However, this can vary depending on current case volume. You should receive a Notice of Hearing by mail about 10-14 days before your scheduled hearing date. The notice will include important information about your hearing, including the date, time, and whether it will be by phone or video conference. I recommend you start preparing now by: 1. Gathering all relevant documents (pay stubs, communications with employers, etc.) 2. Writing down a timeline of events related to your employment and claim 3. Reviewing the specific reason for denial and preparing evidence that counters it Also, make sure ESD has your current address and phone number so you don't miss any communications.

My appeal took FOREVER!!! Almost 3 months from denial to hearing and another 2 weeks for the decision. ESD is so backed up its ridiculous. Make sure u call them and make sure they got ur appeal. Mine got "lost" the first time and I had to resubmit everything!! So frustrating!!

The timeline varies quite a bit right now, but here's what you can generally expect: 1. Appeal submission to OAH assignment: 2-3 weeks 2. OAH assignment to hearing scheduling: 2-4 weeks 3. Notice of hearing to actual hearing: 1-2 weeks 4. Hearing to decision: 1-3 weeks So the total process typically takes 6-12 weeks from appeal submission to final decision. It's important to understand that the 'able and available' denial is often about whether you had any restrictions on your availability for work. During your hearing, be prepared to explain your availability in detail, including hours you could work, transportation arrangements, childcare if applicable, etc. Also, continue filing your weekly claims during the entire appeal process. If you win your appeal, you can only be paid for weeks that you properly certified.

I've been going through EXACTLY what you're experiencing now. I filed my appeal in January after getting denied for "not being able and available" (which was completely false). It took 7 weeks to get my hearing scheduled, and my hearing is next week. One thing that really helped me was using Claimyr (claimyr.com) to actually get through to ESD on the phone. I had been trying for days with no luck - constant busy signals or disconnects after waiting on hold forever. Claimyr got me through to an agent in about 20 minutes who confirmed my appeal was properly in the system and gave me some clarity on the process. There's a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Just knowing my appeal wasn't lost in the system gave me huge peace of mind during the wait. Good luck with your appeal!

@profile6 Yeah, it's a service that uses some kind of system to monitor when there's an opening in ESD's phone queue and then calls you when they get a spot. It worked for me after I'd been trying for days to get through. It saved me hours of redialing and frustration. Their website explains it better than I can.

Just to add a bit more on preparing for your hearing: The judge will be specifically interested in why you believe ESD's determination about your availability was incorrect. Make sure you have a clear explanation ready for: 1. What hours/days you were available to work 2. Any restrictions you might have had (transportation limitations, distance you could travel for work, etc.) 3. Any job offers you declined and why Also, when you receive your hearing notice, it will include instructions for submitting evidence. Pay careful attention to the deadlines - if you submit evidence late, it may not be considered.

my cousin won his appeal and it took like 2 months total but he got all back pay so at least theres that to look forward to if you win.

BTW if ur appeal is denied do NOT give up!! You can file a petition for review with the commissioner's office. I won at that level after losing my hearing. It takes even LONGER but worth it if ur claim is legit.