ESD denied me for 'able and available' while working reduced hours and attending school - appeal help needed

I've been through this exact situation. The key issue is whether your school schedule restricts your availability for work. ESD is very strict about the 'able and available' requirement - you must be available for full-time work during all normal business hours for your occupation. Being in school full-time is often considered a restriction on availability. For your hearing, you'll need to prove that: 1. Your school schedule doesn't prevent you from accepting full-time work 2. You would drop classes or rearrange your schedule if offered more hours 3. You're actively looking for additional employment Bring documentation showing your flexible class schedule (online classes? evening classes?) and any communications with your employer requesting more hours.

ur probably screwed tbh. i had same thing happen when i was taking 2 classes at community college!! esd says ur not available if u cant work ALL hours. its total bs but thats how they do it

This is why the system is BROKEN!! ESD claims they want people to better themselves through education but then denies benefits if you're in school. I was denied last year for the same reason - working part-time + taking classes. The ALJ (Administrative Law Judge) at my hearing didn't care that I was looking for work or that I needed money to survive. They just kept repeating "but are you available for ALL shifts?"

Here's what worked for me in your exact situation: At the hearing, I explained that I was PRIMARILY a worker who happened to be taking classes, not primarily a student who was working. I brought documentation showing: 1. My work history (proving I was established in my field before school) 2. Emails to my employer requesting more hours 3. My job search log showing applications to jobs that matched my schedule 4. A statement that I would modify my educational pursuits if full-time work became available The key was demonstrating that work was my priority, not school. I won my appeal.

have u tried calling esd?? they might be able to tell u exactly what to bring to hearing. but good luck getting thru lol i tried for 2 weeks straight

When I had my hearing for a similar issue, I learned that "able and available" has a very specific meaning to ESD. Being available means you must be able to accept ANY shift for which you're qualified, without restrictions. Your current part-time employment doesn't matter - what matters is if your school schedule prevents you from accepting hypothetical full-time work. Do you have documentation that your classes are flexible? Can you prove you'd be able to work full-time hours if offered? That's what the judge will be looking for.

I'm an employment counselor and work with many clients in your situation. Here's what you should know about the 'able and available' requirement: 1. Washington law requires you to be available for all hours customary for your occupation (for retail, this includes evenings, weekends, etc.) 2. Student status doesn't automatically disqualify you, but you need to demonstrate that school doesn't interfere with potential work 3. For your hearing, focus on your work search efforts and willingness to adjust school for work Bring documentation of your work search activities (minimum 3 per week), any job applications, and emails showing you've requested more hours from your current employer. Emphasize that work is your priority and school is secondary if the judge asks.

Based on your situation with the eviction notice, you might also want to look into emergency rental assistance through DSHS or your county's housing authority. Many counties have programs specifically to prevent eviction while you're sorting out income issues. Don't wait until after your ESD appeal is decided - apply for emergency assistance now.

Listen I went through EXACTLY this same BS with ESD last year. Here's what you absolutely NEED TO KNOW that nobody tells you: The judges at these hearings are looking for very specific answers. When they ask if you're available for work, they're trying to trick you - if you say "yes, except for Tuesday/Thursday mornings" you WILL be denied. If you say "yes, I'm available and would adjust my school schedule if needed for work" you MIGHT win. It's ridiculous but that's how they operate.

did u try applying for hardship at ur school? sometimes they have emergency money for students about to be evicted

After my hearing (I won btw), the judge told me that school + work cases often come down to these factors: 1. Is your school schedule flexible? 2. Do you have a history of working while in school? 3. Have you turned down any work because of school? 4. Is your field of study related to your work history? Make sure you address all these points during your hearing. And be super direct - don't ramble or they'll get annoyed.