ESD denied my claim due to pregnancy/health reasons - need appeal advice ASAP
I'm freaking out right now and desperately need advice for my upcoming appeal. I got denied benefits after I was let go from my retail job when they found out I was pregnant (I had a few ER visits during my first trimester). During my initial claim interview, I was sick with the flu and could barely speak - my voice was completely gone and I feel like the adjudicator couldn't understand me properly. I think I messed up on my application by checking that I was 'unable to work' due to depression and what I thought was a high-risk pregnancy. The truth is I've ALWAYS been able to work - I just had anxiety about some early pregnancy symptoms and went to the ER a couple times, which caused me to miss shifts. I never needed any medical restriction forms and have been actively looking for work this whole time. I tried explaining this to my claims manager but I don't think they understood because of my voice issues during the interview. I've filed an appeal, but I'm 5 months pregnant now, about to lose my apartment, and my car is going to be repossessed if I don't get some income soon. The appeal hearing is scheduled for next week. Does anyone know what specifically I should focus on during the appeal? Do I need to bring medical documentation proving I CAN work? Will they look at the fact that I've been applying for jobs this whole time? I'm so stressed I can barely think straight.
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Ava Johnson
First, take a deep breath. You have a valid case for appeal if you were actually able and available for work the whole time. During your hearing, you need to focus on these key points: 1. Clearly state that you misunderstood the question about being "unable to work" and explain you've always been able to work 2. Bring documentation of your job search activities to show you've been actively looking for work 3. If possible, get a simple note from your doctor stating you have no work restrictions due to pregnancy 4. Emphasize that your separation from work was not due to you being unable to work, but because your employer terminated you Prepare a clear timeline of events and practice explaining your situation concisely. The judge will appreciate organization. Good luck with your appeal!
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ElectricDreamer
•Thank you so much! I do have screenshots of all my job applications from the past 3 months. Would a note from my current OB work even though I've only been seeing her for a month? My original doctor moved practices.
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Miguel Diaz
omg they LOVE to trip ppl up w/ those questions!! 'unable to work' vs 'unable to find work' are 2 completely diff things in ESD-land but how would regular ppl know that?? the SAME thing happened to my sister last yr!!!
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ElectricDreamer
•Exactly!! I thought they were asking if I was unable to work at my PREVIOUS job because of health issues. I didn't realize checking that box meant I was declaring myself completely unable to work ANY job. It's so confusing.
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Zainab Ahmed
Sounds like a classic case of confusion between being "able and available" versus having restrictions. ESD is SUPER strict about this distinction. I've been through TWO appeals with them. Here's what happened to me: I marked that I had anxiety (which I do) on my application. The adjudicator IMMEDIATELY denied me saying I wasn't "able and available" for work. I appealed, bringing a doctor's note saying my anxiety didn't prevent me from working, and documentation of my job searches. The judge overturned the denial! For your appeal hearing, you need to be CRYSTAL CLEAR that: 1) You are physically able to work 2) You have no medical restrictions 3) You are actively seeking employment 4) Your pregnancy does not prevent you from working Also, if your employer fired you because of pregnancy-related absences, that might actually be ILLEGAL discrimination. Mention that too!
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Connor Byrne
•This is excellent advice. I'd just add that if you're representing yourself at the appeal hearing, make sure to prepare a short opening statement that clearly addresses the specific reason for denial. When the judge asks if you have questions for witnesses, always ask some even if they're basic - it shows engagement with the process. And yes, being terminated due to pregnancy-related medical appointments could potentially be discrimination under Washington State law. However, focus primarily on the "able and available" issue for your unemployment appeal, as that's what will get your benefits flowing first.
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Yara Abboud
im in a similar situation (not pregnant but had health issues) and ESD is such a mess! i tried calling them for WEEKS before my appeal and could never get through! so frustrating!!!!! ended up winning my appeal though so don't give up hope!
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PixelPioneer
•If you're having trouble getting through to ESD before your appeal, try Claimyr (claimyr.com). They helped me get through to a live agent within 30 minutes when I was dealing with my appeal case last month. Saved me days of frustration. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Having an actual conversation with an ESD agent before your appeal can make a huge difference. They can sometimes add notes to your file or explain exactly what documentation you should bring to the hearing.
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Keisha Williams
YOU NEED TO REAPPLY NOT APPEAL!!! When you check the "unable to work" box it's an automatic denial. My cousin's wife did the EXACT same thing. The appeal will take FOREVER but if you reapply and get it right this time it's faster!!! Trust me!!!!
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Ava Johnson
•This is incorrect advice. Once a determination has been made, you cannot simply reapply for the same period. You must go through the appeal process if you believe the determination was incorrect. Reapplying would likely result in a duplicate claim issue and potentially delay the process further.
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Zainab Ahmed
For your appeal, make sure you specifically address that you were "able and available" for work during all claimed weeks. That exact phrase is what the judge will be looking for. And bring copies of EVERYTHING - don't assume the judge has your complete file.
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Connor Byrne
I'm actually an employment attorney, though I can't give specific legal advice here. For unemployment appeals involving ability to work during pregnancy, the burden is on ESD to prove you were unable to work, not on you to prove you were able. However, bringing evidence of job search activities and a doctor's note (if possible) stating you have no work restrictions will strengthen your case significantly. Regarding the initial misunderstanding during your interview - explain calmly how your flu affected communication, and that you misunderstood the question about being unable to work. Administrative Law Judges for unemployment cases understand that claimants sometimes misinterpret questions. Finally, if your employer terminated you because of pregnancy-related medical appointments, you might have a separate discrimination claim under the Washington Law Against Discrimination, but focus on the unemployment appeal first as it's more immediate.
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ElectricDreamer
•This is incredibly helpful. I didn't realize the burden was on them to prove I couldn't work rather than me having to prove I could. That makes me feel a bit better. I'll definitely focus on the unemployment issue first before considering any discrimination claim.
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Miguel Diaz
make sure u DRESS NICE for ur hearing even if its on zoom!! my bro wore a tshirt to his appeal and the judge was like super judge-y about it lolol
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ElectricDreamer
•Good point! Mine is via phone but I'll still dress professionally - helps me feel more confident anyway. Thanks for the tip!
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Paolo Rizzo
The whole system is DESIGNED to trip people up with confusing questions so they can deny benefits. I've been fighting with ESD for MONTHS. Even when you win your appeal, they take FOREVER to actually pay you. It's disgusting how they treat pregnant women. I had to move back in with my parents at 30 because of these games they play.
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Ava Johnson
•While the system can certainly be frustrating, I recommend focusing on addressing the specific issue in the appeal rather than expressing general frustration with the system during the hearing. Administrative Law Judges are looking for facts relevant to your case, and showing too much emotion can sometimes work against you.
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