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ESD called about my disability claim - can they reverse decision without appeal?

Update so I got a voicemail from unemployment saying they maybe able to switch there decision if I call them back and answer some questions about my physical disability that my former employer took advantage of..they said they need some information and might be able to stop the appeal and start my benefits…what's the chances of this? Has anyone had ESD call them to reconsider a decision before an appeal hearing? I'm nervous about what questions they'll ask about my disability. My employer terminated me claiming I couldn't do the job, but they never provided the accommodations I requested multiple times. I already filed an appeal last week but haven't gotten a hearing date yet.

Yes, this happens! It's called a redetermination. When ESD realizes they may have made an incorrect decision, they can review and change it without going through the formal appeal process. This is actually really good news for you. They're probably reviewing your case and realized your employer might be in the wrong for not providing reasonable accommodations. Make sure you call them back ASAP - these opportunities have time limits. Be prepared to explain: 1. What your disability is and how it affects your work 2. What specific accommodations you requested 3. Documentation of your accommodation requests 4. How your employer failed to provide those accommodations If they determine your employer didn't meet ADA requirements, they can reverse the denial and you could start getting benefits soon.

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Thank you so much! This gives me hope. The voicemail said I have until Friday to call back. Do you think I should have any medical documentation ready? I have emails where I requested a modified schedule and special equipment that were ignored.

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dont get ur hopes up tbh. ESD called me last yr saying the same thing and then still denied me anyway. Just be redy for the appeal just in case

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Yeah had a similar experience. They made it sound promising then hit me with more questions that seemed designed to trip me up. Keep your appeal date!

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I would ABSOLUTELY call them back. In my experience, when ESD initiates contact like this, it means someone internally flagged your case for review. That's actually pretty rare and a good sign! They don't waste time on cases they don't think have merit. Make sure you're super clear about how your employer failed to accommodate your disability. That's KEY to your case. If your employer terminated you without making reasonable accommodations for a documented disability, that's potentially wrongful termination, which means you shouldn't be disqualified from benefits. Be prepared for them to ask very specific questions about your disability and how it affected your job performance. They're looking to establish that: 1) You have a legitimate disability 2) You could have performed with reasonable accommodations 3) Your employer failed to provide those accommodations Good luck!!!

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Thank you for the detailed explanation! I do have documentation of my disability from my doctor. My employer kept saying they were "working on" my accommodation requests for 3 months before suddenly deciding I was "unable to perform essential job functions" and letting me go.

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Trying to get through to ESD on the phone is a nightmare. I spent 4 days trying to return a similar call and kept getting disconnected. Finally used Claimyr (claimyr.com) and got through in about 20 minutes. They have a good demo video too: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it for something this important - especially when they're offering to potentially approve your claim without going through the whole appeal process. Good luck!

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Thanks for the tip! I've been worried about not being able to get through on the phone. I'll check this out if I can't get through tomorrow morning.

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This actually happened to me! The adjudicator who initially denied my claim called me back about 2 weeks later asking for more information about my medical condition and how it related to my separation. After I explained everything in detail and sent some additional documentation they requested, they reversed their decision without me having to go through with the appeal hearing. Make sure you call them back at the exact number they left and have all your documentation ready. Be honest but also be very clear about how your employer failed to accommodate your disability. If you have ANY written evidence (emails, texts, doctor's notes), mention that you have these documents. Good luck! This could save you months of waiting for an appeal hearing.

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That's so encouraging to hear! Did they ask for specific medical documentation? I'm a bit anxious about discussing my condition with them.

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just wondering what type of disability u have? i got fired bcuz of my back injury and they denied me too saying i wasnt able to work but it was only bcuz they wouldnt let me take breaks like doctor said

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I have a degenerative joint condition that affects my hands. I requested an ergonomic keyboard and mouse, plus regular breaks to stretch, but they kept delaying ordering the equipment. Similar situation to yours it sounds like.

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Nia Davis

Quick update for you - make sure to take detailed notes during your call with ESD. If they do end up granting benefits without an appeal, ask them to send you written confirmation of their decision. This is important as sometimes there can be miscommunications, and you want documentation of any promises they make. Also, don't withdraw your appeal request until you have a written decision in your favor. Keep everything in place as a backup until you see the determination changed in your eServices account and benefits actually start processing.

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This is such good advice. My cousin thought ESD had approved her claim over the phone but then nothing happened for weeks. Always get it in writing!!

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Is anyone else bothered by how ESD handles disability-related claims? They make everything so complicated and put the burden on us to prove everything when employers can just make up reasons to fire people. The whole system feels rigged against workers with disabilities.

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EXACTLY! The way ESD handles disability claims is BROKEN. They start from a position of suspicion instead of support. Plus, they expect detailed medical documentation but then make it nearly impossible to submit it properly. I've seen so many legitimate claims denied initially only to be approved on appeal when someone finally takes the time to review the evidence properly.

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how long ago did u get the voicemail? sometimes they only give u like 48 hrs to call back

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Just got it yesterday afternoon! They said I have until Friday to call back, so I have a couple days still.

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