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Sophia Russo

ESD denied my appeal hearing without notice - Is this legal?

I'm at my wit's end with this appeal nightmare. Back in summer 2023, I filed an appeal for a regular UI disqualification. After waiting for MONTHS with no hearing date, I called ESD in January 2025 to check the status. The rep casually told me 'Oh, we think we lost your appeal paperwork, can you submit it again?' So I resubmitted everything right away. Fast forward to now - still NO hearing date. I finally got through to someone at ESD yesterday who informed me they had decided 'internally' that I wasn't going to get a hearing. No letter, no email, no official notification whatsoever! Just decided behind closed doors to deny my right to appeal. This feels completely unlawful. Aren't they required to notify me in writing if they're denying my appeal or refusing to grant me a hearing? Does anyone know the specific laws or regulations around this? I'm ready to contact my state rep but want to know exactly what rules ESD is breaking first.

Evelyn Xu

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Yes, they absolutely MUST notify you in writing about appeal decisions. Check RCW 50.32.020 and WAC 192-04-060. These laws specifically state you have the right to a written notice of any determination that affects your benefits, including appeal decisions. The Office of Administrative Hearings (OAH) has to follow proper procedures. Get everything in writing from them. Call OAH directly at 800-366-8323 rather than ESD and ask for written confirmation of your appeal status. Document everything - date/time of calls, who you spoke with, etc. You might also want to file a formal complaint with the ESD Commissioner's office.

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Sophia Russo

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Thank you! This is exactly what I needed. I'll call OAH tomorrow and reference those specific laws. I've been keeping a log of all my communications thankfully, but didn't know about contacting the Commissioner's office. I'll look into that too.

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Dominic Green

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same thing happened to my cousin last yr... esd is sooooo backed up they just 'lose' appeals they dont want to deal with

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Hannah Flores

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This is absolutely infuriating! How can a government agency just decide to ignore legal requirements whenever they feel like it? I spent 6 months fighting an adjudication that was their mistake to begin with. The system is designed to wear people down until they give up.

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Dominic Green

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yup its totally rigged against us regular ppl

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I had a similar issue last year where they 'lost' my appeal paperwork. After weeks of getting nowhere with the regular ESD line, I found this service called Claimyr (claimyr.com) that got me through to an actual ESD agent in less than 10 minutes. The agent was able to locate my appeal in their system and confirm it was actually still pending, not lost at all. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Might be worth trying since you need to get concrete answers about your appeal status. The agent I spoke with transferred me directly to the appeals department once they verified my information.

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Sophia Russo

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I've never heard of this service before. Does it actually work? I'm desperate at this point so willing to try anything that might get me through to someone who can help.

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It worked for me! I was skeptical too but after spending hours getting disconnected from the regular ESD line, I was desperate. Got through to an actual knowledgeable agent who could see my full file history. Definitely worth it for important issues like appeals where you need to talk to someone who can access your full case details.

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Quick correction - the previous comment mentioned PUA, but your post talks about regular UI. PUA (Pandemic Unemployment Assistance) ended in 2021, so I'm assuming you're dealing with a regular UI issue? The appeal process is different for each benefit type. If this is about PUA, you might need to contact the overpayment unit specifically.

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Sophia Russo

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Sorry for the confusion - yes, this is about regular UI, not PUA. I should have been clearer. The disqualification happened in 2023, well after the pandemic programs ended.

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Grace Lee

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I found out that legally they HAVE to send u a letter if they deny your appeal its like totally required by law!!! my friend works at worksource and said u should ask for a "status verification letter" for ur appeal and if they cant provide one u can file a complaint with the washington state ombudsman office!!

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Evelyn Xu

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This is correct - they are legally required to provide written notice. The official term is "Notice of Appeal Rights" and should accompany any determination that affects your benefits eligibility. The Washington State Office of the Ombudsman is indeed a good resource if ESD isn't following proper procedures. You can reach them at 1-844-395-6697.

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Mia Roberts

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ive been waiting for a hearing for 5 months now... esd is the WORST!!! they told me my hearing was scheduled then i never got the letter then they said i missed it and now im totally screwed out of $4700 that i actually deserve but they dont care at all

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Evelyn Xu

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Update for the OP: You might want to check if your appeal was properly transmitted from ESD to OAH (Office of Administrative Hearings). They're actually separate agencies. Sometimes ESD receives the appeal but fails to forward it to OAH, which is who actually schedules and conducts the hearings. If you contact OAH directly and they have no record of your appeal, that's your smoking gun that ESD failed to process it correctly. At that point, you can request that ESD immediately transmit your appeal to OAH with documentation showing when you originally filed it. This would establish that any delays were administrative errors, not your fault.

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Sophia Russo

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This is incredibly helpful information. I had no idea they were separate agencies! I've been focusing all my efforts on ESD, which might explain part of the problem. I'll call OAH first thing tomorrow to see if they have any record of my appeal. Thank you so much.

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Hannah Flores

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This is a HUGE problem with Washington's unemployment system! They deliberately make the appeal process confusing and difficult to navigate. I had to appeal a disqualification last year and the ONLY reason I got a hearing was because I sent a certified letter to the Commissioner's Office stating I would be contacting my state representative and filing a formal complaint. Magically, my "lost" appeal was found and I had a hearing scheduled within two weeks. DON'T GIVE UP! The system is designed to make you quit fighting for what you're entitled to. Get everything in writing and escalate as high as you need to go.

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Sophia Russo

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That's really good to know - I think I'll draft a letter to the Commissioner today. Did you use any specific language or format that seemed to get their attention? I'm willing to escalate this as much as needed.

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Hannah Flores

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I made sure to: 1) Document the timeline of all my attempts to resolve the issue, 2) Cite the specific laws they were violating (like the ones mentioned above), 3) Clearly state what remedy I was seeking, and 4) Indicate that if I didn't receive a response within 10 business days, I would be contacting my state representative and filing a formal complaint with the Governor's office. Be professional but firm.

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