ESD claim stuck in adjudication after employer failed to respond - How long will this take?
I'm seriously stressing about my ESD claim that's been in adjudication since February 11th (it says the adjudication date is Feb 28th). I was laid off from my restaurant management position when the owner suddenly decided to close down. I've been filing my weekly claims religiously and calling ESD almost daily. Finally got through to someone yesterday after being on hold for 2 hours and 45 minutes (!!!). The agent told me that my former employer hasn't responded to ESD's requests for information. It's been over 3 weeks now! Wouldn't you think that if my employer doesn't bother to respond, ESD would just approve my claim? Why am I being punished because my ex-boss can't get their paperwork together? My rent is due next week and I'm getting really worried. Does anyone know how long these adjudications typically take when the employer doesn't respond? Is there anything I can do to speed this up?
21 comments
Sayid Hassan
Unfortunately, ESD still has to complete the adjudication process even when employers don't respond. They're required to give employers a certain amount of time to provide information (usually 10 business days). After that, they should make a determination based on the available information, which is typically just your side of the story. In my experience working with claimants, adjudication can take anywhere from 3-8 weeks right now. The fact that you have an actual adjudication date (Feb 28th) is good news - that means your claim has been assigned to an adjudicator. Keep filing your weekly claims, and if approved, you'll get all those back weeks paid at once. One thing: make sure you're completing your 3 job search activities each week and documenting them properly. Even while in adjudication, you need to meet that requirement for when/if your claim is approved.
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Arnav Bengali
•Thanks for explaining this. I don't understand why it's taking so long though. My situation is pretty straightforward - the restaurant closed completely! There's no dispute about whether I was laid off or quit. I'm definitely doing my job search activities and documenting everything. Just worried about how I'm supposed to pay my bills in the meantime. 8 weeks is a really long time to wait when you have no income coming in.
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Rachel Tao
same thing hapend to me last yr!! my employer never responded and my claim was stuck for like 6 weeks. its so frustrating bc you keep filing but dont get any $$$. i had to borrow from my parents just to pay rent. ESD is so backlogged all the time. good luck!!
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Arnav Bengali
•6 weeks?! That's insane. Did they eventually approve your claim, or did you have to do something special to move it along?
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Derek Olson
The system is deliberately designed to be as difficult as possible. They WANT people to give up so they don't have to pay benefits. I had a similar issue where my employer ghosted ESD and I was stuck in adjudication for NINE WEEKS last year. I called every single day and got nowhere until I contacted my state representative's office. Suddenly my claim was approved two days later. CONTACT YOUR STATE REP - it's the only way to cut through this bureaucratic nonsense.
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Arnav Bengali
•That's a good idea about contacting my state rep. Did you just call their office or send an email? I'm willing to try anything at this point.
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Derek Olson
•I filled out the constituent services form on their website and then followed up with a phone call two days later. Be SUPER specific about your situation, how long you've been waiting, and that you're facing financial hardship. Make it clear you've been following all the rules (job search, weekly claims, etc). The squeaky wheel gets the grease in these situations!
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Danielle Mays
I went through this exact situation in January. The adjudication took just over 4 weeks in my case, and I was eventually approved even though my employer never responded. The key thing that helped me was getting through to an actual adjudicator (not just a regular ESD agent) who could review my case directly. If you're struggling to get through on the phone, I recently discovered a service called Claimyr (claimyr.com) that helps you skip the ESD phone queue. I was skeptical at first, but it worked perfectly - they called me back when an agent was available instead of me waiting on hold for hours. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I got through, I politely asked if my case could be escalated since my employer hadn't responded and I was facing financial hardship. The agent was able to add notes to my file that helped move things along.
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Arnav Bengali
•Thanks so much for this suggestion! I'll check out that service. Did you have to provide any additional documentation to prove your case when you finally got through to an adjudicator?
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Danielle Mays
•In my case, I had my final paystub and a text message from my manager confirming the layoff. The adjudicator asked me a few questions about my employment history and the circumstances of my separation. They didn't request additional documentation beyond what I'd already uploaded when filing my initial claim, but having that evidence ready definitely helped speed things up. If you have anything in writing about your restaurant closing, have that ready to go.
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Roger Romero
quick queston - are u claiming standby or regular unemployment? if ur on standby the rules are different and the adjudaction can be faster i think bc ur expected to go back to the same employer. but if the resturant closed for good then u probably cant use standby anyway so nevermind lol
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Arnav Bengali
•Definitely regular unemployment since the restaurant is permanently closed. I don't think I'd qualify for standby since there's no job to return to.
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Sayid Hassan
•You're correct. Standby is only for temporary layoffs where you expect to return to your employer within 8 weeks (can be extended to 16 weeks in some cases). Since your restaurant closed permanently, you're on the right track with regular unemployment.
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Anna Kerber
I had my claim stuck in adjudication for weeks too. So frustrating!!! What finally worked for me was calling right when they opened at 8am. I still had to wait but at least got through. When you do get someone, ask them specifically if there's anything missing from your file or if they need any additional information from you. Sometimes there's a little detail they need that they haven't told you about. Also, have you checked your ESD account online to see if there are any alerts or action items? Sometimes they need additional verification but the notice gets lost in your spam folder or something. Hang in there! The system is incredibly broken but eventually you should get your benefits if you're eligible. The backpay will come all at once when they finally approve it.
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Arnav Bengali
•I've been checking my online account obsessively and there are no alerts showing. There's just that adjudication date of Feb 28th but nothing happened on that day. I'll try calling right at 8am tomorrow - that's a good tip!
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Niko Ramsey
this happend to my brother and after 5 weeks he got a letter sayin he was denied because "lack of information" even tho it was the employer who didnt respond!! he had to file an appeal and wait ANOTHER 3 weeks for that. make sure u have all ur documentation ready and maybe try to get something in writing about the restaurant closing if u can. the whole system is messed up.
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Arnav Bengali
•That's exactly what I'm afraid of! Did your brother eventually get approved after the appeal? I'm going to see if I can find any news articles about the restaurant closing as proof.
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Sayid Hassan
I want to clarify something important: When an employer doesn't respond, ESD is supposed to make a determination based on the claimant's statement and any other available information. However, they still need to complete their investigation process, which includes verifying your identity, wage information, and reason for separation. If you're approaching the 30-day mark in adjudication, you can request an escalation. Call and specifically ask for your claim to be escalated due to financial hardship. Use those exact words. Also, while you're waiting, make sure you're meeting all requirements for when your claim is (hopefully) approved: 1. File your weekly claims consistently 2. Complete and document 3 job search activities each week 3. Register with WorkSource if you haven't already 4. Check your ESD account and email daily for any communications If you do get denied and need to appeal, you have 30 days from the date of the determination to file your appeal with the Office of Administrative Hearings (OAH).
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Arnav Bengali
•Thank you for all this detailed information. I'll ask for an escalation due to financial hardship next time I call. I've been doing everything else on your list, so hopefully that will help when they finally review my claim. It's just the waiting that's killing me right now.
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Rachel Tao
have u checked ur spam folder? sometimes esd sends emails asking for more info and they go to spam. i missed one and it delayed my claim for weeks!!
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Arnav Bengali
•Good point! Just checked my spam folder and there's nothing from ESD there, but I'll keep checking daily just in case.
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