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ESD denied me after judge ruled in my favor - availability question when caring for ill parent

So frustrated with ESD right now! Was at my job for 6 years but had to quit to move back to my hometown because my dad got seriously ill. Initially got denied benefits, went through the whole appeal process, and the judge RULED IN MY FAVOR. Victory, right? Nope! Three months after winning my appeal, ESD just denied me AGAIN saying I'm "not available for 40 hour work week" because I'm caring for my dad. This is completely false - my dad has a professional caretaker who handles his daily needs! I've literally never said I couldn't work full-time, and I've been diligently doing all my required job search activities every week (3+ per week, documenting everything). I'm getting desperate financially after all these months of fighting the system. Has anyone dealt with an ESD reversal after winning an appeal? What's my next step here? Do I have to appeal AGAIN?

Naila Gordon

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Yes, you need to file another appeal immediately! You only have 30 days from the denial date to submit it. Make sure to clearly state in your appeal that you ARE available for full-time work and that your father has professional care. Bring documentation showing the caretaker arrangement to prove you don't have primary caregiving responsibilities that would interfere with employment. The fact that you won the first appeal should help your case, but ESD sometimes makes these determinations separately.

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Ben Cooper

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Thanks for this! The denial letter just arrived yesterday so I have time. Should I submit the appeal online or mail it in? And should I keep filing my weekly claims during this second appeal process? This is exhausting.

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Cynthia Love

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OMG this EXACT thing happened to me last year!!!! ESD is THE WORST!!! I had to quit because my mom got cancer and needed help. Won my appeal but then they denied me again for some completely different reason. The system is designed to wear you down until you give up. It's INFURIATING!!!!!! 😡😡😡

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Darren Brooks

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did you end up getting your benefits though? or did you just give up? the system is so frustrating i swear they hope people will just stop fighting

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Cynthia Love

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I fought it and eventually won but it took FIVE MONTHS!!!! Had to borrow money from family to survive. The stress probably took years off my life. These people have NO IDEA what they put us through!!!

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Rosie Harper

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def file another appeal asap! keep doing your job searches too. i had something similar happen (different reason tho) and calling ESD directly helped me understand what was happening. good luck!!

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You're dealing with what's called a "subsequent adjudication" issue. Even though you won your initial appeal about having good cause to quit, ESD is now questioning your ongoing eligibility based on availability for work. These are two separate eligibility determinations. Here's what I recommend: 1. File an appeal immediately through your eServices account (keep a screenshot of the confirmation) 2. Continue filing weekly claims without interruption 3. Prepare documentation from your father's caretaker confirming their schedule 4. Get a signed statement about your availability for full-time work 5. If possible, document any job interviews or offers that demonstrate your availability The key argument to make is that your caregiving situation does not prevent you from accepting full-time work. Be very explicit about this in your appeal letter.

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Ben Cooper

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This is incredibly helpful, thank you! I didn't realize they were making two separate determinations. I'll start gathering those documents right away and file the appeal through eServices tomorrow.

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Demi Hall

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My brother went thru something like this with ESD. Have you tried calling them? Sometimes you can get it sorted out faster if you actually talk to someone instead of just appealing again.

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Ben Cooper

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I've tried calling ESD about 20 times in the past week! Either get a busy signal or get disconnected after waiting on hold forever. It's impossible to reach anyone.

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I had the same problem last month trying to reach ESD about an adjudication issue. I finally used this service called Claimyr (claimyr.com) that got me through to an actual agent in about 20 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Totally worth it for getting my issue resolved quickly instead of waiting weeks for an appeal hearing.

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Darren Brooks

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ive been on unemployment twice and they always try to deny you for something...its standard procedure i think...just keep appealing and don't miss ANY weekly claims while you wait otherwise they'll use that against you too. also make sure your doing all 3 job search activities every week and documenting them properly in your log

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Rosie Harper

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this is good advice! missing even 1 weekly claim can mess everything up. happened to my cousin last year.

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One more important note: When filing your appeal, specifically request what's called a "de novo review" of your entire claim. This means the judge will look at your case from scratch, not just the availability issue. Since you already have a favorable ruling on the voluntary quit issue, this could be advantageous. Also, contact the Administrative Hearings Coordinator and request that your previous favorable decision be included in the record for your new appeal. This creates a stronger paper trail showing that part of your eligibility has already been established.

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Ben Cooper

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Thank you so much! I'm learning so much about how this system works. I'll definitely request the de novo review and contact the hearings coordinator about including my previous decision.

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Naila Gordon

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To answer your earlier question - yes, absolutely continue filing your weekly claims while appealing. If you win your appeal, they can only pay you for weeks you properly filed claims. And file your appeal online through eServices so you have immediate confirmation it was received. The clock is ticking on that 30-day deadline!

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Ben Cooper

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I'll keep filing my weekly claims for sure. I submitted the appeal this morning through eServices. Now I'm trying to get through to someone on the phone to understand exactly why they made this determination. Thanks again for all the help.

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