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ESD benefit hearing Tuesday - already receiving benefits but nervous about questions

I've been on unemployment since March and have been receiving benefits without any issues until now. Just got notice that I have a hearing with an administrative law judge this Tuesday and I'm super anxious even though my benefits are still coming through. Has anyone gone through one of these hearings recently? What kind of questions do they typically ask? I'm especially worried because my former employer might show up (the notice said they were invited). Anyone have tips on how to prepare or what to expect?

Giovanni Conti

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I went through a hearing last month. They asked me specific questions about why I left my job and whether I was actively searching for work. Make sure you have your job search log ready and documentation about your separation from employment. They'll want dates, specifics about incidents, and any evidence you have. Even though you're getting benefits now, they could determine you weren't eligible and create an overpayment situation if things don't go well.

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Amara Chukwu

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Oh no, I didn't realize they could create an overpayment! That's terrifying. Did you have to submit your documents before the hearing or just have them ready to discuss?

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you'll be fine, just tell the truth. my hearing was only like 15 min and the judge barely asked anything. as long as ur doing ur job searches every week u should be good

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Amara Chukwu

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That's reassuring! Did your employer show up to your hearing?

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nope they didnt bother showing up lol

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NeonNova

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I had a hearing with OAH (Office of Administrative Hearings) in January and here's what you should know: 1. Be prepared to explain in detail why you're eligible for benefits 2. Have your separation information clear (dates, reason, documentation) 3. Bring your job search records showing you've completed the required 3 job search activities each week 4. Be ready to explain any potential issues ESD might have flagged 5. Arrive 15 minutes early whether it's phone, video, or in-person 6. Be honest but concise in your answers The fact that you're already receiving benefits is a good sign, but they could be reviewing your eligibility retroactively. The judge will ask specific questions about your particular case - there's no standard script.

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Amara Chukwu

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Thank you so much for this detailed list. Do you remember how long your hearing took? And should I prepare an opening statement or anything like that?

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NeonNova

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Mine took about 40 minutes. You don't need a formal opening statement - the judge will guide the hearing and tell you when to speak. They'll explain the process at the beginning. Just have clear, concise answers ready for questions about your specific situation.

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Dylan Campbell

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I HAD THE WORST EXPERIENCE with my hearing last year!!! The judge was RUDE and kept interrupting me and my former employer LIED about everything!! Then I got hit with a $5,700 overpayment notice two weeks later. The system is DESIGNED to trick people. They're ALREADY paying you so you think everything is fine but then BAM they want all the money back!!! Make sure you record the hearing (you're allowed to) and don't let them twist your words!!!

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Amara Chukwu

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Oh my God, that sounds horrible! I'm so sorry that happened to you. Were you able to appeal the overpayment decision?

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Dylan Campbell

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I tried but they denied it. Now I'm on a payment plan paying back $200/month for the next two years. It's CRIMINAL what they do to people!!!

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Sofia Hernandez

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I used to work in an adjacent field to unemployment insurance and can tell you these hearings are typically reviewing a specific issue with your claim. Since you're already receiving benefits, they likely approved your claim initially but something triggered a review. Common reasons include: - Your employer disputed your eligibility after initial approval - There's a question about your job separation that needs clarification - Random audit of job search activities - Potential unreported earnings were flagged The notice you received should indicate the specific issue being addressed. Focus your preparation on that issue, and bring documentation that supports your case. The judge's questions will center around resolving that particular concern. By the way, after struggling to reach ESD about my own hearing last year, I discovered a service called Claimyr (claimyr.com) that got me connected to an ESD agent in under 25 minutes when I couldn't get through for days. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It might be worth trying if you need clarification about your hearing before Tuesday.

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Amara Chukwu

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Thank you for the explanation. The notice mentions something about "separation circumstances review" so I guess that's what they're looking at. I'll definitely check out that service if I can't get through to ESD tomorrow.

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I used that Claimyr thing too when I couldn't get ahold of anyone before my hearing. It actually worked pretty well. Got connected in like 15 mins after trying for days on my own.

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Giovanni Conti

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Since your notice mentions "separation circumstances review," they're specifically looking at whether you quit voluntarily, were fired for misconduct, or were laid off through no fault of your own. Here's what you should prepare: 1. Timeline of events leading to your separation 2. Documentation of any warnings, performance issues, or layoff notices 3. Names and positions of supervisors involved 4. Any relevant company policies 5. Emails or messages related to your departure Be prepared for your employer to potentially present a different version of events. Stay calm and stick to the facts. Don't get emotional or argumentative, even if your employer says things you disagree with.

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Amara Chukwu

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This is really helpful. I was laid off due to "position elimination" but my manager and I had some disagreements before that happened. Should I mention those disagreements or just stick to the official reason?

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Giovanni Conti

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Stick primarily to the official reason (position elimination) as that clearly qualifies you for benefits. Only discuss the disagreements if directly asked about them or if your employer brings them up first. In that case, present the facts objectively without emotional language. The key is establishing that the elimination of your position was the actual reason for separation, not any performance issues.

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Ava Thompson

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My sister had a hearing last month about her benefits. Don't stress too much! She said the judge was actually really nice and just wanted to understand the situation better. She's still getting her benefits no problem. I think sometimes they just do these hearings as a formality tbh.

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Amara Chukwu

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Thank you all so much for the advice! I'm feeling much more prepared now. I'm going to gather all my documentation tonight, especially around the position elimination, and be ready to calmly explain what happened. I'll update this thread after the hearing to let you know how it went!

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NeonNova

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Good luck! Being prepared and calm is the best approach. Looking forward to hearing how it goes.

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u got this! most of these hearings r just routine anyway

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