ESD approved my claim but disqualified all 7 weeks - any chance of winning appeal?
I'm completely baffled right now. After 8 long weeks of filing weekly claims and doing my 3 job search activities religiously each week, ESD finally processed my claim. But when I checked my eServices account today, they've approved my claim but somehow disqualified me for ALL 7 WEEKS of benefits plus marked one as my waiting week! The determination letter says something about 'able and available' requirements not being met, but I was available and actively looking the whole time. I reported everything honestly. I've already submitted an appeal through my eServices portal, but I'm getting desperate since I've been counting on this money. Has anyone successfully appealed a disqualification like this? What are the chances of winning? Should I keep filing weekly claims during the appeal process?
18 comments
Dmitry Smirnov
Yes, definitely keep filing your weekly claims while your appeal is being processed! That's super important because if you win the appeal, they can only pay you for weeks you properly filed for. As for winning, it really depends on why you were disqualified. The 'able and available' issue usually means they think you had restrictions on when or where you could work, or that you weren't actively seeking employment. Do you have documentation of your job search activities? Did you answer any questions about availability or transportation limitations on your weekly claims? Those are often the triggers for these disqualifications.
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Sofia Perez
•Thanks for the advice about continuing to file! I've been documenting all my job searches in WorkSource (saved PDFs of everything just in case). I never said I had any restrictions - I'm available 24/7 and have reliable transportation. The only thing I can think of is that I mentioned in one of my weekly claims that I had a job interview scheduled the following week. Could that have somehow triggered this?
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ElectricDreamer
bruh same thing happened to me last month, complete BS. they said i wasn't "able and available" but i was literally applying to jobs EVERY SINGLE DAY. appealed it and waiting to hear back still. the whole system is rigged to deny people tbh
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Sofia Perez
•Ugh, that's frustrating to hear. How long have you been waiting for your appeal decision? I'm worried this is going to take forever, and I'm running out of savings.
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Ava Johnson
Appeals are actually won quite frequently, especially for 'able and available' issues which often come down to misunderstandings or incorrectly answered questions. In my experience helping claimants, about 60-70% of these specific types of appeals are successful when the claimant can document their job search activities and availability for work. Be very prepared for your hearing: 1. Bring all job search documentation (printed copies) 2. Have a clear explanation of your availability during each disqualified week 3. Bring any emails or messages about job interviews 4. Print out your weekly claim responses if you can access them The hearing will be conducted by an Administrative Law Judge who is independent from ESD. They're generally fair and will listen to your evidence. Just stick to facts and be very specific about dates and activities.
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Miguel Diaz
•do u have 2 hire a lawyer for the appeal hearing or can u just represent urself?
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Zainab Ahmed
The 'able and available' disqualification is one of the most common and frustrating issues with ESD claims. I went through something similar in 2025 and won my appeal. The key was proving I was actively job searching and available to accept suitable work. Have you tried calling ESD directly to get specifics on why you were disqualified? Sometimes there's a specific reason that's not clearly explained in the determination letter. Knowing exactly what triggered the disqualification helps you prepare your appeal better. I used Claimyr (claimyr.com) to get through to an ESD agent when I was in your situation. I had been trying for days with no luck. Their service got me connected with an actual ESD rep in about 20 minutes who explained exactly why my weeks were disqualified. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was super helpful to know the specific reason before my appeal hearing.
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Sofia Perez
•I hadn't heard of Claimyr before. I'll check out that video - getting specifics about why I was disqualified would definitely help my appeal case. I've called ESD multiple times but just get the 'high call volume' message and get disconnected.
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Connor Byrne
What kind of work were you doing before filing for unemployment? And what types of jobs are you applying for now? Sometimes ESD disqualifies people if they're too restrictive about what jobs they'll accept. Like if you were making $35/hour before and you're only applying to jobs that pay that much or more, they might flag you for not being 'available' for suitable work.
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Sofia Perez
•I was in retail management making about $26/hour, and I've been applying to retail, customer service, administrative assistant positions - basically anything I'm qualified for that pays at least $18/hour. I didn't think that was being too restrictive, but maybe that's part of the issue?
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Yara Abboud
OK so here's what nobody tells you - the HEARING is your best chance. About 65% of appeals get reversed when you actually show up for the hearing (phone or in-person). DOCUMENT EVERYTHING. I mean literally print out all your job search logs, any emails from employers, confirmation emails from applications, EVERYTHING. Write down a timeline of every single thing you did to find work during those 7 weeks. KEY POINT: Be super clear about your availability during the hearing. If they ask "Were you available to work full-time during the weeks of X to Y?" your answer needs to be a clear "Yes, I was available for full-time work during all of those weeks." Don't add qualifiers or explanations unless specifically asked. I won my appeal in February after being disqualified for 5 weeks. The judge completely reversed ESD's decision because I had documentation of everything. You've got a good chance if you're well-prepared!
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ElectricDreamer
•this is actually rly good advice. i wish i had been this prepared for my hearing last week. judge kept asking for specific dates and i didn't have everything organized. probably gonna lose now ðŸ˜
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Dmitry Smirnov
One thing to check - did you take any days off from job searching? Like for a doctor appointment or family emergency? Sometimes people don't realize that you need to be available for work EVERY day of the week you're claiming, and if you mark that you weren't available even for a single day, it can trigger a full week disqualification. Also, double-check your weekly claim answers. Sometimes just one wrong answer (like accidentally saying "no" to "were you able and available for work?") can cause this.
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Sofia Perez
•I don't think I did, but I'm going to request all my weekly claim responses from ESD to make sure. I might have misunderstood a question. That's a good idea to check.
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PixelPioneer
keep ur head up n dont give up!! my coworker had the same EXACT issue and she fought it and got ALL her money plus interest. took like 10 weeks tho so hang in there
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Sofia Perez
•Thanks for the encouragement! 10 weeks is a long time to wait but at least there's hope. I'll definitely keep fighting it.
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Ava Johnson
After reviewing your responses here, I suspect there may have been a system issue or misinterpretation of your weekly claim answers. This happens more often than ESD admits. For your appeal, focus on these key elements: 1. Your consistent job search activities (3+ per week) 2. Your full availability for work (no restrictions on hours/days) 3. Your willingness to accept suitable work 4. Any miscommunications or system errors that might have occurred Technically speaking, the burden of proof in these hearings shifts to ESD. They must prove you were NOT available, rather than you having to prove you WERE available. However, having solid documentation significantly strengthens your case. The current appeal process is taking about 6-8 weeks from filing to hearing, and another 1-2 weeks for the decision. Administrative Law Judges are overturning about 58% of 'able and available' disqualifications according to the most recent OAH statistics.
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Sofia Perez
•Thank you for the detailed information. I feel more confident about my appeal now. I'm going to gather all my documentation this weekend and make sure I have a clear timeline ready. Knowing what to focus on for the hearing is extremely helpful.
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