ESD denied benefits after winning appeal - old COVID 'not able and available' issue from 2021 blocking my claim
I'm at my wit's end with this ESD nightmare! Just won my appeal hearing (took 7 weeks) and thought I'd finally start receiving payments, but NOPE. Called ESD yesterday and after waiting 3+ hours, the agent told me I'm STILL being denied! Apparently there's an old issue from a 2021 claim where they marked me as 'not able and available' due to COVID restrictions. The system is still using this to block my current claim even though I've been working full-time since then! The agent told me I need to file another appeal to fix this, but when I went online to file it, the system won't let me because 'it's been past 30 days' from the original determination. HOW AM I SUPPOSED TO APPEAL SOMETHING FROM 2021 THAT I JUST FOUND OUT ABOUT?? Has anyone dealt with something like this before? Is there a way to override the 30-day appeal window when it's clearly ESD's error? I have $6,800 in benefits that I qualify for but can't access because of this ridiculous technicality.
22 comments
Freya Christensen
This happens more than people realize. The system links old determinations to new claims and creates these impossible situations. You need to specifically request a "Determination Review" - it's different from an appeal and doesn't have the same time restrictions. Call and explicitly ask for this. Tell them you need a determination review to correct an erroneous finding that you were unavailable due to COVID. Make sure they understand this isn't a normal appeal.
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Ravi Malhotra
•Thank you! I've never heard of a "Determination Review" - is that something I can request online or do I have to call again? It took me almost 6 attempts just to get through yesterday.
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Omar Farouk
omg this SAME THING happened to me last month!!! old covid stuff from 2021 blocking my new claim. i spent WEEKS trying to fix it. kept getting different answers every time i called. so frustrating!!
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Ravi Malhotra
•Did you ever get it resolved? What finally worked for you?
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Omar Farouk
•yea finally fixed it but took 3 weeks and like 20 calls. you have to get to a tier 2 specialist. regular agents cant fix it
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Chloe Davis
The ESD system is COMPLETELY BROKEN when it comes to these linked claims! I bet they're still using the same outdated software from the pandemic. It's ridiculous that they expect us to magically know about determinations from years ago that are suddenly affecting new claims. The whole "30 days to appeal" rule should be thrown out when THEY are the ones who failed to notify you properly. This makes my blood boil because I went through something similar (not COVID related but another old issue) and had to fight for months to get it fixed.
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AstroAlpha
•exactly!!! how are we supposed to appeal something we didn't even know about until years later?? makes no sense
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Diego Chavez
You need to request what's called a "good cause" exception to the 30-day appeal deadline. ESD can grant extensions when there's good cause for filing late, and not being notified of the determination is definitely good cause. Call and specifically request to speak with an adjudicator about filing a late appeal with good cause. Explain that you were never properly notified of the 2021 determination and only learned about it now. Make sure to document the name of everyone you speak with and the date/time. Alternatively, you can submit a written request through your eServices account. Go to your account, click on the "Upload a Document" link, and submit a letter explaining the situation and requesting the good cause exception to file a late appeal.
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Ravi Malhotra
•This is incredibly helpful, thank you! I'll try both approaches. I'm documenting everything now - wish I had been from the beginning.
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Freya Christensen
•The good cause exception is definitely the right approach here. Just to add - make sure your letter explicitly states "I am requesting a good cause exception to the appeal deadline based on lack of notification of the original determination." Be very clear and specific about the date you first learned about the determination (your recent call) and why you couldn't have known earlier.
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Anastasia Smirnova
I tried getting through to ESD for THREE WEEKS about an adjudication issue. Couldn't get anyone on the phone. Finally used Claimyr (claimyr.com) and got through in like 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Worth checking out if you're desperate to get someone on the phone without calling 30 times.
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Ravi Malhotra
•Thanks for this tip! At this point, I'd try anything. Did you have to talk to someone specific when you got through, like a tier 2 specialist?
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Anastasia Smirnova
•When I got through I just explained my situation and asked for a tier 2 specialist or adjudicator since regular agents can't usually fix complex issues. The first agent transferred me after I explained the problem.
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Sean O'Brien
ok so here's what's probably happening... the computer system flags things as 'continuing issues' even when they shouldnt be. i work for a different state agency and we use similar systems. what you need is called a 'redetermination' which is different from an appeal. what happens is they need to mark that old 2021 covid issue as 'resolved' in their system so it stops blocking your current claim. keep saying 'redetermination' not 'appeal' when you talk to them.
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Ravi Malhotra
•This makes so much sense! I'm going to ask specifically for a 'redetermination' when I call back. Thank you for the insider perspective!
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AstroAlpha
wait so u won ur appeal but theyre still not paying u?? thats so messed up! i thought once u win thats it they have to pay
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Ravi Malhotra
•That's what I thought too! Apparently winning one appeal doesn't fix everything if there are other issues in the system. It's maddening.
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Zara Shah
I had a somewhat similar situation last year. What fixed it for me was going to my state representative's office. They have constituent services staff who can cut through ESD bureaucracy FAST. I was stuck for 2 months trying on my own, representative's office fixed it in 4 days. Google your district and state rep and send them an email explaining the situation.
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Ravi Malhotra
•I hadn't even thought of contacting my state rep! That's brilliant and I'll definitely try it if I can't get through with the other suggestions. Thank you!
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Zara Shah
•No problem! Just be super clear in your email about the timeline of events and what you've already tried. They usually have forms on their websites specifically for constituent services requests.
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Chloe Davis
Update us on what ends up working! These stories help others who run into the same ridiculous issues with ESD's broken system.
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Ravi Malhotra
•I definitely will! I'm going to try the good cause exception approach first, then the redetermination request, and if those don't work, contacting my state rep. I'll post what eventually works.
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