ESD denied my claim after 9 weeks in adjudication, but another case still shows processing - appeal now or wait?
I've been in unemployment limbo for 9 WEEKS with my claim stuck in adjudication! Finally got through to an ESD agent yesterday (miracle!) and the conversation didn't go like I hoped. The agent basically told me I didn't provide the right information and said he was creating another case for me. This morning I check E-services and there's a letter saying my claim was DENIED. But when I look at the "Processing" section, I still see one case that shows as processing. I'm so confused! Should I wait to see what happens with this other case that's still processing before I file an appeal on the denial? Or should I just go ahead and appeal now? I'm worried about missing the appeal deadline if I wait too long, but also don't want to complicate things if they're still working on the other case. Has anyone dealt with something similar?
18 comments
Connor O'Neill
APPEAL RIGHT NOW!!! You only have 30 days from the date on that denial letter. I waited for a "processing" case too and guess what? It was just sitting there with no activity. Then I missed my appeal window and had to go through an even bigger nightmare to get a late appeal considered. Don't make my mistake!
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Zainab Ismail
•Oh no, that sounds awful! The letter is dated today, so I have 30 days from today? I'm just confused why they would start a new case yesterday and then deny me today?
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QuantumQuester
File your appeal immediately to protect your rights, but also call ESD back about the processing claim. What likely happened is that they denied your original claim based on the information they had, but the agent you spoke with yesterday created a new adjudication case to reconsider with additional information. These are running parallel but separate processes. The processing claim could still be approved, but you need to appeal the denial as insurance in case that doesn't happen. Make sure you include any new information in your appeal that you shared with the agent yesterday. Also, keep filing your weekly claims during all of this if you're still unemployed - this is critical even after a denial.
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Zainab Ismail
•Thank you for explaining! I'll start my appeal today and keep trying to reach ESD about the processing claim. And yes, I'll definitely keep filing my weekly claims - learned that lesson early on!
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Yara Nassar
when this hapned to me i had 2 call like 50 times before i got someone. have u tried using claimyr? my friend used it and got through to esd in like 20 mins. it costs money but was worth it for her cause she got her issues fixed. their website is claimyr.com and they have a video showing how it works https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3
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Zainab Ismail
•Thanks for the suggestion! I spent 3 hours trying to get through yesterday, so 20 minutes sounds amazing. I'll check out that website if I can't get through on my own tomorrow.
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Keisha Williams
I work with ESD claims frequently. Let me clarify what's happening: The denial you received is for your original claim. The "processing" case is likely the new adjudication the agent initiated. Here's what you should do: 1) File an appeal on the denial immediately (you have 30 days from the date on the determination letter) 2) In your appeal, mention that an ESD agent created a new case on [date] and reference any case number if you have it 3) Continue filing weekly claims 4) Check your E-services messages daily for updates on the new case What type of information did the agent say was incorrect? This is likely what triggered the denial but they're giving you another chance with the new case.
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Zainab Ismail
•The agent said I didn't provide enough documentation about my job separation. I was laid off due to budget cuts, but apparently they needed more specific information about why I was selected for layoff versus other employees. I explained this to the agent and he said that's why he was creating a new case. Should I include that explanation in my appeal?
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Keisha Williams
Yes, absolutely include that explanation in your appeal. Also attach any documentation that supports your explanation - emails about the layoff, a termination letter, anything that shows it was due to budget cuts and not performance-related. The more specific documentation you can provide, the better your chances. Your situation is actually pretty common. Sometimes ESD denies based on insufficient information, then creates a new adjudication when you provide what they need. The frustrating part is they often don't tell claimants to hold off on appealing while the new case processes.
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Paolo Ricci
this happened to my sister. thE new case eventually got approved but she appealed the denial 2 be safe. then she got a letter saying her appeal was dismissed cuz the new case was approved. so weird how they make everything so complicated!!! just do both to be safe.
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Zainab Ismail
•That's encouraging to hear your sister's new case got approved! I'm definitely going to appeal and hope the new case gets approved too.
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Amina Toure
Ran into something like this last year. Got denied after waitng forever, then they created a new case. I didn't appeal fast enough thinking the new case would fix everything. BIG MISTAKE. Second case got denied too and by then I couldn't appeal the first one. Don't trust the "processing" status - half the time it just means some computer at ESD is thinking about your claim but no human is looking at it. Appeal now, and then if the other case gets approved great! But don't risk your benefits on ESD efficiency.
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Oliver Zimmermann
Something that might help - when you file your appeal, you can request a copy of your claim file through the Office of Administrative Hearings. This will show you EXACTLY what information ESD based their denial on, and what might be in that second processing case. It was eye-opening when I did this - turned out ESD had completely misunderstood my work history and I was able to correct it during my hearing. I'm curious - when the agent said they were creating a new case, did they give you any timeframe for when it would be decided? Did they tell you to ignore the pending denial?
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Zainab Ismail
•No timeframe at all, and the agent didn't say anything about a pending denial. He just said he'd create a new case with the updated information I provided. I didn't even know I was going to get denied the very next day! I'll definitely request my claim file - that sounds really helpful.
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QuantumQuester
Update us when you hear more! I'm now wondering if the agent might have coded something incorrectly when creating the new case. It's odd to start a new case and then issue a denial notice the next day unless they're completely separate processes. In any case, the appeal is your best protection. Make sure you're super clear in your appeal letter about the timeline: - Original claim filed [date] - 9 weeks in adjudication - Spoke to agent on [date] who created new case - Denial received [date] while new case still shows processing Timelines matter a lot to the Administrative Law Judges who review appeals.
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CosmicCommander
i just wanna say the entire esd system is garbage!!! i waited 11 weeks last year only to be denied for something that wasn't even my fault. took another 2 months to get through the appeal process. the whole system is designed to make people give up. dont give up!!!!
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Zainab Ismail
•Thanks for the encouragement! I'm definitely not giving up, especially after waiting so long already.
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Oliver Zimmermann
One more tip - when you file your appeal, request an in-person hearing if possible rather than phone. The judges tend to be more sympathetic when they can see you, and you can bring all your documentation with you. Also, statistically, claimants win more appeals in person than over the phone. Just based on my experience helping people with ESD appeals.
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