ESD denied my claim while in medical assistant school - appealing 'not able and available' determination

I successfully appealed a similar determination last year. Here's what worked for me: 1. Gather evidence showing your program IS in demand - print out job listings for medical assistants in your area (aim for 10-15 different employers) 2. Get documentation from your school showing your exact class schedule 3. Create a weekly calendar showing all hours you're available to work around your classes 4. Bring records of job applications you've submitted while in school 5. If possible, get a letter from your current employer confirming your hours were reduced (not that you reduced them) At your hearing, emphasize that you're taking courses to INCREASE employability, not restrict it. The Commissioner approved my appeal when I showed I was available for 30+ hours per week even with school. The "Training Benefits" program might also apply to you - call ESD and specifically ask about this program that allows benefits while in approved training.

The same thing happen to me when I was in nursing school!! ESD is TERRIBLE with school situations. Even though healthcare jobs are EVERYWHERE they denied me saying I wasn't available enough hours. I appealed and lost because I didn't have enough evidence. Definitely get your school to write a letter about your specific schedule and how the program prepares you for in-demand work. I wish I had done that!!! Good luck with your appeal!

RCW 50.20.118 specifically addresses the 'able and available' requirements when you're in a training program. You need to request that ESD consider your training under the Commissioner Approved Training (CAT) program or Training Benefits program. When you file your appeal, be very specific that you're contesting their determination about: 1. Your availability for work (proving you can work 40+ hours around your class schedule) 2. Their assessment that medical assisting isn't in-demand Bring labor market data showing medical assistant job growth in Washington. The Department of Labor publishes this information and it will contradict ESD's claim about demand. Don't go to the governor's office yet - the appeal process is your legal right and the proper channel. If you lose your appeal, you can then appeal to Superior Court within 30 days.

i went through this exact thing when i was in dental hygiene school! ESD sucks with school situations. they want everyone working crappy jobs instead of improving themselves. my advice is call call call until you get someone who actually knows the rules. some agents dont even know about training benefits program

Has anyone tried using Claimyr to get through to ESD? I was in a similar situation last month and spent DAYS trying to reach someone about my training program. A friend recommended Claimyr (claimyr.com) and they got me a callback from ESD within 2 hours. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it because the agent I spoke with immediately recognized my medical coding program qualified under Training Benefits and fixed my claim status right away. Apparently calling is WAY faster than waiting for the appeal process.

IMPORTANT: You need to keep filing your weekly claims during the appeal process! Even if they're denying you now, if you win your appeal, they'll only pay for weeks you properly certified. Too many people stop filing during appeals and lose potential backpay. For your hearing, print out the Medical Assistant occupation outlook from the Bureau of Labor Statistics showing growth projections. Also, Washington State Employment Security Department publishes their own list of in-demand occupations by region - print this too if Medical Assistant is listed. One more tip: in your testimony, make it very clear that you didn't quit your job to go to school. The fact that your employer reduced your hours is crucial - bring pay stubs showing the reduction wasn't your choice.

Are you in an accredited Medical Assistant program? That matters A LOT for the training benefits qualification. When I applied, they needed proof my program was approved by the Workforce Training Board. Worth checking if your school is on their list!

To directly answer your question about escalating to the governor's office - that's not the right approach yet. The legal process is: 1. File appeal with OAH (Office of Administrative Hearings) - 30 day deadline 2. If you lose, appeal to Commissioner's Review Office - 30 day deadline 3. If you lose there, appeal to Superior Court - 30 day deadline Only after exhausting these remedies should you consider contacting elected officials. The unemployment system is governed by specific laws and regulations that must be followed in order. For your hearing, one crucial element: you must prove you're able and available for "suitable work" which means work you're qualified for based on your training, experience, and prior earnings. Focus on showing your schooling doesn't prevent you from accepting suitable work opportunities. Good luck with your appeal!

This happened to me too!!! The whole system is rigged against students. I got denied because of "school conflicts" even though I could work weekends and evenings. It's so frustrating. Let us know how your appeal goes - I gave up and didn't fight it.

One more thing - when you file your appeal, check the box requesting an IN-PERSON hearing if possible (not phone). Statistical data shows appeal approval rates are higher for in-person hearings versus phone hearings. Bring all your documents organized in a folder with tabs. Also, in your situation, the Training Benefits program really does sound like the best option. You can apply for it separately from your appeal. If approved, it would override the able and available issue completely. The application is on the ESD website under "Services" then "Training Benefits" - there's a downloadable form.