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ESD denied my appeal after forced relocation due to eviction - need help with 2nd appeal

I desperately need advice from anyone who's been through something similar. In August, the owners of my rental sold the property and I was evicted with only 20 days notice. I searched everywhere within commuting distance of my job but couldn't find affordable housing (everything was either $2,800+ or had 30+ applicants). I had no choice but to quit my job and move 3 hours away to my parents' rental property. When I filed for unemployment, ESD denied me saying my reason for quitting wasn't valid. I appealed with documentation of the eviction notice and housing search efforts, but was denied AGAIN. They're saying I should have just found a place closer to work regardless of cost or commuted 6 hours daily. I'm now 2 months behind on rent to my parents and borrowing money for basic necessities. I'm planning to file a second appeal but I'm running out of options. Has anyone successfully appealed in a similar situation? What additional documentation should I provide? Is it worth hiring an advocate?

Yara Nassar

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I went through something similar last year. For your 2nd appeal, you need to focus on proving that staying employed at your job was "not suitable" due to the housing crisis. The key phrase in WAC 192-150-140 is 'compelling personal reason.' Your argument should be that the lack of housing within a reasonable commuting distance constitutes such a reason. Make sure you have ALL of these: 1. Copy of eviction notice with timeline 2. Documentation of EVERY housing application you submitted 3. Screenshots/printouts of rental listings showing prices 4. Written calculation of your take-home pay vs. housing costs showing financial impossibility 5. Bus/transit schedules proving a 3-hour commute each way 6. Letter from your former employer confirming they couldn't accommodate remote work The OAH judges look for exhaustive evidence that you tried EVERYTHING before quitting.

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Thank you so much for this detailed advice! I have most of those documents already, but I didn't think to get a letter from my employer about remote work. I'll contact them today. Do you know if I should submit all this before the hearing or bring it with me? And did you represent yourself or have an advocate?

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The whole ESD system is rigged against workers!!! I got denied after my landlord doubled my rent and I couldnt afford it anymore. They expect us to live in cardboard boxes just to keep our jobs. Their stupid "suitable work" rules dont account for REAL LIFE housing problems. The adjudicators just use their checkboxes and dont care about actual circumstances. Theyll tell you that you could have lived in your car or something equally ridiculous.

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Actually, there ARE provisions in the law for housing issues, but you have to present them correctly. I'm a former advocate and the key is documenting everything and citing the right statutes. The system isn't perfect but they do have allowances for these situations.

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Paolo Ricci

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Have you considered reaching out to the Housing Justice Project? They sometimes work with unemployment advocates and can help document that your housing situation was legitimately untenable. Also, make sure to emphasize in your appeal that you've been actively job searching in your new location - that shows you're not trying to just collect benefits without seeking work.

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I haven't heard of the Housing Justice Project before - I'll look them up right away. And yes, I've been applying to at least 4 jobs every week since I moved. I've documented all of that in my job search log. Thanks for the tip!

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Amina Toure

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my cousin got aproved after he got evicted but he had like 5 kids so maybe thats why. did u tell them u had no other options? sometimes u gotta really spell it out for them

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I tried to explain everything clearly in my first appeal, but maybe I wasn't specific enough about WHY I couldn't find housing. I'll make sure to be super detailed this time about exactly how many places I applied for and was rejected from.

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Im confused... doesn't the law protect you from evictions if the owner sells? I thought they had to honor your lease or give you more than 20 days. Maybe you should be fighting the eviction not just the ESD denial?

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Yara Nassar

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That depends entirely on what state they're in and whether they had a month-to-month or fixed-term lease. In Washington, if they were month-to-month, 20 days is actually the minimum notice required for a no-cause termination when the property is sold (though some cities have stronger protections). But that's separate from the unemployment issue.

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For your second appeal, you need to understand the burden of proof is on YOU to demonstrate you had no reasonable alternatives. You must show: 1. Quitting was the only reasonable option (WAC 192-150-050) 2. You exhausted all alternatives before quitting 3. The lack of housing constituted a "compelling personal reason" under WAC 192-150-140 Common mistakes I see in these cases: - Not documenting ALL housing applications with rejection reasons - Failing to calculate and show affordability metrics - Not bringing evidence of transportation limitations - Not exploring temporary housing options like extended stay hotels (yes, they expect you to consider this) If you have the exact wording of your denial, I can help you craft counter-arguments specific to their reasoning.

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The denial letter states: "Claimant voluntarily quit employment for personal convenience without exploring all reasonable alternatives." It also mentions I "failed to demonstrate that relocation was necessary" and that "temporary housing solutions were not adequately explored." I did look into extended stay hotels but they were $3,900/month minimum which was more than my take-home pay!

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Have you been trying to call ESD to speak with an agent about your specific case? Their online system only shows the basic denial reason but an actual agent can sometimes provide more insight on what specifically was missing in your appeal. I was in a similar situation last year and kept getting the runaround from the automated system for weeks. I finally got through to a real person using Claimyr (claimyr.com) - they have a service that helps you reach an ESD agent quicker. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 showing how it works. The agent I spoke with gave me specific guidance on what documentation would strengthen my case for my particular circumstance, which was super helpful for my appeal.

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I've tried calling ESD at least 10 times and either get disconnected or am told the wait time is over 4 hours. I'll definitely check out that service - at this point I'm willing to try anything to get actual guidance from someone who knows the system. Thanks for the recommendation!

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Yara Nassar

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Based on your denial reason, you need to directly address their claim that you didn't explore "all reasonable alternatives." For your second appeal, create a detailed timeline showing: 1. When you received eviction notice 2. ALL housing searches with dates, locations, prices, application fees paid 3. Show financial calculations proving the available rentals exceeded 50% of your income (courts often use this as a threshold) 4. Document any attempts to find roommates 5. Evidence you asked your employer about remote work, schedule changes, or relocation assistance 6. Proof that extended stay hotels were financially impossible Focus on the fact that you didn't quit for "personal convenience" but due to a forced relocation caused by factors entirely beyond your control.

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This is incredibly helpful! I never thought of presenting it as a timeline with all those specific details. I was just listing facts in my first appeal. I'll reorganize everything this way and make sure to emphasize that it wasn't for convenience but necessity.

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Amina Toure

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wait so ur parents own a rental and ur living there? does ESD know thats where u moved? they might think ur just trying to help ur family business or something

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My parents own a small rental property that happened to be vacant when I needed to move. I'm supposed to pay them rent (which I'm now behind on). But you bring up a good point - maybe ESD misunderstood the situation. I'll make sure to clarify that this is a legitimate landlord-tenant arrangement with my parents.

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Looking at the exact wording of your denial, I'd recommend requesting copies of all documents in your claim file through a formal records request ASAP. You need to see exactly what the adjudicator documented in their fact-finding. Sometimes they misinterpret information or record something incorrectly. For housing-related quits, ESD is specifically looking for documentation that: 1. The housing change was truly involuntary 2. The cost of available housing near your job would create significant financial hardship 3. The commute would be unreasonable by normal standards For your second appeal, I strongly recommend submitting a pre-hearing brief that clearly addresses each point in the denial letter with corresponding evidence. This gives the judge a roadmap to follow during your hearing.

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I didn't know I could request my claim file! I'll do that right away. And I've never heard of a pre-hearing brief - is there a template or format I should follow? Also, should I bring witnesses to the hearing? My former landlord agreed to testify about the eviction if needed.

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