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Abigail Spencer

ESD denied benefits after 26 weeks - appealing with new medical documentation

I exhausted my initial 26 weeks of unemployment benefits back in June (mental health reasons) and tried working at two different jobs afterward but had to quit both because my condition actually got worse. The big difference now is I'm finally seeing a therapist who wrote me an official note explaining my situation, and I've started medication that's helping. I filed an appeal to try getting back pay for the period since June when I couldn't work. My question is - does ESD notify my previous employers when I file this type of appeal? I'm especially concerned about the two places I worked briefly after my initial claim ended. The hearing notice just came today and I'm freaking out a little about what to expect. Has anyone successfully appealed a denial based on new medical documentation? What specifically did you need to prove?

Yes, ESD does notify employers when you file an appeal. They send notices to any employer in your base year plus the most recent ones. Each employer has the right to participate in the hearing if they want to contest your eligibility. That said, if you have proper medical documentation from your therapist stating you couldn't work due to your mental health condition, that will greatly strengthen your case. Make sure the note specifically addresses why you couldn't perform your job duties and includes dates covering the period you're claiming.

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Thanks for the information! That makes me nervous about my most recent employers finding out. The therapist note mentions severe anxiety and depression affecting my ability to maintain focus and handle workplace stress. Do you think that's specific enough? It doesn't list exact dates beyond saying "ongoing since March 2025.

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i went thru something like this last yr. you DEFINITELY need to get more specific documentation from ur therapist. the note needs to say EXACTLY what dates ur unable to work and WHY u cant work. "ongoing" isnt specific enough for ESD, they rejected mine at first. also make sure ur doc specifically says u cant work AT ALL not just at certain jobs.

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Oh no, that's exactly what I was afraid of. My therapist just wrote that general note. I'll call tomorrow to see if he can write something more specific with exact dates. Thank you!

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I work as an employment counselor and see these cases regularly. For mental health claims, you need documentation that specifically states: 1. Diagnosis (specific mental health condition) 2. Duration (exact dates you were unable to work) 3. Severity (how it prevented you from performing ANY suitable work) 4. Treatment plan (what you're doing to improve your condition) ESD will absolutely notify all employers from your base year plus any recent employers. They have the right to participate in the hearing. Before your hearing, collect all medical records, prescription information, and any documentation of how your condition affected your ability to work at those two jobs you tried. The more specific evidence you have, the better your chances.

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Thank you so much for this detailed response. I'm going to request a more detailed letter from my therapist with all those elements. One follow-up question - do you know if my most recent employers (the ones I quit after short periods) will have more influence in the hearing than my original employer from my base year?

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My sister had a similar situation with her mental health claim. The employer contested it and it got really messy. But the doctor's note saved her! Make sure you bring ALL your meds to show the judge too. Good luck!!!

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I've been through the appeals process twice with ESD and it's incredibly frustrating. YES they notify every employer involved and in my experience, those employers almost always show up to contest it because they don't want their unemployment insurance rates to go up. Have you tried calling ESD directly to ask about the backpay situation? Sometimes you can resolve things faster that way than going through the whole appeal process.

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Good point about calling ESD directly, but have you tried getting through to them lately? Nearly impossible! I was in a similar situation last month and spent DAYS trying to reach someone. Finally used Claimyr (claimyr.com) which got me connected to an actual ESD agent in about 20 minutes. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me so much frustration and I was able to get my appeal questions answered right away instead of waiting for the hearing.

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THEY ALWAYS DENY MENTAL HEALTH CLAIMS FIRST!!!! The system is BROKEN!!! I had to appeal THREE TIMES before they finally approved mine. It's ridiculous how they treat people with mental health issues like we're just making it up. Stand your ground and don't give up!!

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Three appeals?? That sounds exhausting. Did you have a lawyer or did you represent yourself? I'm trying to figure out if I need legal help for this.

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No lawyer, couldn't afford one. Just kept getting better documentation each time. By the third hearing I had THREE different doctors notes and a full psychiatric evaluation. Such a waste of time and stress when I was already dealing with anxiety!

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One more thing I forgot to mention - at the hearing, be prepared to explain specifically why you left those two jobs after your initial benefits ended. The judge will want to know exactly how your mental health condition made it impossible for you to continue working. Be honest but specific about the symptoms you experienced and how they interfered with your ability to perform essential job functions. Also, be ready to explain why you're now able to work if you're claiming you can (or why you still can't if that's your position).

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That's really helpful. I left the first job because I was having panic attacks in the middle of shifts, and the second one because I couldn't concentrate enough to complete basic tasks correctly. I'm still struggling but the medication is starting to help, so I'm hoping to return to work part-time soon. Should I mention that, or will it hurt my case for backpay?

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It's good to be honest about your current situation and improvement. What matters for the back benefits is proving you were unable to work during that specific period. Your current improvement with treatment actually supports your case - it shows you were actively seeking help for a legitimate condition and that the treatment is now making a difference. Make sure your documentation clearly differentiates between your abilities then versus now.

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wait im confused... are you trying to get regular unemployment or is this for disability? because they're different systems. if u cant work for medical reasons u should apply for disability not unemployment. unemployment is for when ur able to work but cant find a job.

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You're raising an important point, but there's some nuance here. While unemployment is generally for those able to work but can't find jobs, there are situations where someone initially qualifies for UI, then develops a medical condition that temporarily prevents them from working. In Washington state, if someone becomes temporarily disabled after establishing a UI claim, they may still qualify for UI benefits under certain circumstances, especially if they're expected to recover and return to work. This is different from long-term disability benefits.

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Yes, I initially qualified for regular unemployment after losing my job, then my mental health got worse. I'm not permanently disabled - the doctors expect me to recover with proper treatment, which I'm finally getting. That's why I'm going through ESD rather than applying for disability.

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btw when is ur hearing date? make sure u prepare like CRAZY for it. i bombed my first hearing cuz i wasnt ready for all their questions. write down EVERYTHING u wanna say before u go in!!!

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It's scheduled for August 18th, so I have two weeks to prepare. I'm definitely going to write everything down. Did they ask you really specific questions about your medical condition?

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oh yeah they asked super specific stuff. like exactly what symptoms i had on which days, how it affected specific job duties, if i could have done ANY kind of work even part time, why i couldnt just take medication and keep working, all kinds of detailed questions. they were respectful but really thorough.

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