ESD denied my claim because of my 401(k) - is this legal?

That's extremely unusual. I've never heard of ESD denying benefits specifically because someone has a retirement account. There must be some miscommunication or misunderstanding. Having a 401(k) or IRA doesn't disqualify you from unemployment benefits - those are your personal savings and shouldn't affect your UI eligibility. Did you receive an official determination letter? It should state the specific reason for disqualification with a citation to the relevant law. My guess is either: 1. There might be confusion about whether you received a lump sum distribution from your 401(k) when your job ended (which could potentially affect benefits) 2. There could be an issue with how you answered a question during the application process 3. The disqualification might actually be for a completely different reason I'd recommend calling ESD directly to get clarification before your appeal hearing. Make sure you have your determination letter handy when you call.

I think I know what happened! The same thing happened to my cousin last year. Did you check the box saying your job had a pension plan even if you weren't vested in it? Or did you transfer your 401k when you left? Sometimes they count that as "receiving retirement benefits" even though it's just moving your own money around. The appeal process usually takes 4-6 weeks from what I've heard. Make sure you continue filing your weekly claims while you wait for the appeal decision!!!

This happend 2 me but it was cuz they thot i got a pensiun payment. Had to fax them proof it was just me moving my own mony from 1 acount to another. Once they saw that they fixed it but took like 2 months!! ur right that its ur own money they shouldnt count that

Former ESD claims specialist here. This is almost certainly a misunderstanding about distributions vs. having retirement accounts. Simply having a 401(k) or IRA doesn't impact your eligibility whatsoever. However, if you received any distribution (even a rollover that you immediately reinvested), ESD's system might have flagged this as "retirement income" through automated reporting. Here's what you need for your appeal: 1. Documentation showing the nature of any transactions (statements showing it was a rollover, not a distribution you kept) 2. Documentation of your current 401(k) status (proving you're not drawing income from it) 3. A clear timeline of when any rollovers occurred versus your job separation date The relevant law is RCW 50.04.323 which covers retirement payment deductions from unemployment benefits. The key is proving you aren't receiving ongoing payments. Make sure to focus on your continued job search for remote positions in your appeal. Emphasize that your medical condition doesn't prevent you from working remotely and that you're actively seeking suitable employment.

Have you tried using Claimyr to get through to ESD? I was in a similar situation (different issue but also couldn't get through on the phones) and it saved me SO much frustration. Their website is claimyr.com and they have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - basically they hold your place in line and call you when an agent is available. Way better than hitting redial for days. I got through to someone who could actually explain my issue in detail.

THE WHOLE SYSTEM IS RIGGED!!! They ALWAYS find some excuse to deny claims!!! I had something similar happen and had to fight for MONTHS to get what was rightfully mine. They're COUNTING on people giving up because the appeal process is so frustrating!!! DON'T GIVE UP!!!

I went through an appeals hearing last year (for a different issue). Make sure you're super prepared with all documentation. The judge was actually very fair and listened carefully to my explanation. It was intimidating but nowhere near as bad as I expected. One tip - send in all your documentation at least 3 days before the hearing so the judge has time to review it. Also, be ready to explain in simple terms why your retirement account rollover is not actual income you're living on. In my case, I won my appeal and got all my back benefits in one lump sum about 2 weeks after the decision. Keep filing those weekly claims!

Quick question - are you also applying for disability benefits while seeking unemployment? That might be another complication since unemployment requires you to be able and available for full-time work, while disability is for those who cannot work. Just something to consider if you're pursuing both simultaneously.

Based on your latest comment, I want to add something important: Make sure ESD understands your work limitations clearly. Being on standby for your previous employer might have been an option, but since your position was eliminated, you need to be specific about being able and available for suitable work that accommodates your medical condition. For your appeal, include a doctor's note that specifically states you can perform remote work in your field despite your medical condition. This helps address the "able and available" requirement while supporting your job search for remote-only positions. Regarding pursuing both unemployment and disability simultaneously - be very careful with this. If approved for SSDI, it could potentially create an overpayment situation with unemployment since the programs have conflicting requirements. Your disability attorney will help navigate this, but it's something to be aware of.