ESD denied my military spouse relocation claim despite sending SOFA documentation - help with appeal?
I'm seriously questioning the ESD's competence at this point. My husband received PCS orders and I had to leave my job to relocate with him overseas. I submitted a UI claim with ALL the required documentation - his military orders, our passports with the SOFA stamps that PROVE I'm eligible to work on the military installation here. Yet ESD just denied my claim stating I'm 'not available for work due to being out of country.' The denial letter says I can appeal if I can provide evidence that I CAN work on the military base. HELLO??? That's EXACTLY what I already submitted with my initial claim! The SOFA stamp literally grants me priority placement for employment on base. Did they even look at my documents? Is this some kind of tactic to discourage people from getting benefits they're entitled to, or are they just incompetent? Has anyone successfully appealed a similar situation? I'm so frustrated right now.
21 comments
Join the conversation
Andre Moreau
This happens ALL THE TIME with military spouse claims. ESD seems completely clueless about how SOFA agreements and overseas military employment works. I went through nearly identical nightmare last year when we moved to Ramstein. Here's what worked for me: 1) File the appeal immediately 2) In your appeal letter, specifically reference the Military Spouse Provision under RCW 50.20.050(2)(b)(iii) 3) Re-submit the SOFA documentation but highlight the relevant sections 4) Include a letter from the base employment office confirming your eligibility to work there. The system is frustrating but don't give up! It took about 5 weeks, but I eventually got approved retroactively.
0 coins
Carmen Reyes
•Thank you so much for this detailed advice! I've already started my appeal but didn't think to reference the specific RCW. Do you remember how long the appeal process took? I'm worried about waiting months without any income.
0 coins
Andre Moreau
•It took about 5 weeks for mine to be resolved, but I've heard it can take anywhere from 3-8 weeks depending on their backlog. Getting through to speak with someone at ESD was the hardest part - I wasted days trying to reach a human being who could actually help with my case.
0 coins
Zoe Christodoulou
my sister had the EXACT same issue!!!! she ended up having to get someone from her husbands command to write a letter explaining the sofa stuff because ESD kept saying she wasnt available to work. its like they dont understand military stuff AT ALL. its sooo frustrating but dont give up!!! she got approved eventually but it took like 2 months 😩
0 coins
Carmen Reyes
•2 months?! That's ridiculous. Did she have to keep submitting weekly claims during that time even though she was denied?
0 coins
Zoe Christodoulou
•yea she kept doing the weekly claims the whole time! her husband's XO wrote a letter that explained everything and that finally worked. good luck!!!
0 coins
Jamal Thompson
This is a clear case where ESD's automated systems and untrained staff are failing military families. I worked as an employment specialist for 8 years and can tell you that most ESD claims examiners have minimal training on military-specific situations. When you file your appeal, make sure to: 1) Request a hearing with an Administrative Law Judge who will better understand your situation 2) Explicitly state that you meet the "able and available" requirements through the military spouse provision 3) Include documentation of any job search activities you've conducted for positions on the military installation 4) Reference any precedent cases if possible (search for similar military spouse decisions on the OAH website). The law is absolutely on your side in this situation.
0 coins
Carmen Reyes
•Thank you for the expert insight! I've started applying for jobs on base, so I'll definitely include that documentation. Where exactly on the OAH website can I find previous cases? I tried searching but got overwhelmed with the different options.
0 coins
Jamal Thompson
•Go to oah.wa.gov, then click on 'Search Decisions'. Under the Agency dropdown, select 'Employment Security Department' and in the keyword field enter 'military spouse SOFA'. You should find several relevant cases. One particularly useful one is Docket No. 2023-UI-00387, which deals specifically with overseas military spouse eligibility. Print that decision and include it with your appeal.
0 coins
Mei Chen
Ugghhh ESD is THE WORST!! They denied my claim 3 times for different reasons before finally approving it. I swear they just throw darts at a board of denial reasons without even reading what people submit. Keep fighting!!!
0 coins
CosmicCadet
•I agree, they denied my claim twice saying I didn't provide pay stubs - which I absolutely did upload! The whole system seems designed to wear people down until they give up. @OP don't let them win!
0 coins
Liam O'Connor
I'm curious - which overseas base are you at? My wife and I are about to PCS to Yokosuka and I'm worried she'll face the same issues with her unemployment claim when she has to quit her job.
0 coins
Carmen Reyes
•We're at Ramstein in Germany. Based on the advice here, I'd recommend your wife gather as much documentation as possible before submitting her claim. Definitely get the SOFA stamp documentation ready, maybe even a letter from her current employer stating she's leaving specifically due to military orders, and familiarize yourself with that RCW 50.20.050(2)(b)(iii) provision someone mentioned above. Good luck with your move!
0 coins
Amara Adeyemi
They are TOTALLY making it harder on purpose!!!! I had to appeal TWICE for my claim and each time they "lost" my documents. Keep copies of EVERYTHING you send them and document every call (date, time, who you spoke with). The system is rigged to make us give up!!!
0 coins
Jamal Thompson
•While frustrating, it's important to note that most claim issues stem from understaffing and inadequate training rather than intentional obstruction. ESD processes thousands of claims weekly with limited resources. That said, your advice about documentation is spot-on - keeping detailed records of all communications is essential during the appeals process.
0 coins
Amara Adeyemi
•Maybe for some cases, but when the SAME documents get "lost" THREE TIMES??? Come on. And why do they always seem to "lose" the documents that would APPROVE your claim but never the ones that might deny it? Just saying what everyone's thinking!
0 coins
CosmicCadet
I don't mean to go off-topic, but I'm in a similar situation with my husband's PCS orders to South Korea. Did you also have trouble with the "actively seeking work" requirements? How are you handling job searches from overseas? I'm worried about that part of my claim.
0 coins
Carmen Reyes
•That's a good question! I've been applying for positions at the base Family Readiness Center and AAFES. There are also remote work opportunities with US companies that I'm pursuing. For job search activities, I'm counting online applications, networking with spouse employment groups, and attending virtual job fairs specifically for military spouses. You need to document 3 job search activities each week, and these all qualify.
0 coins
CosmicCadet
•Thank you! I didn't realize virtual job fairs would count. That's super helpful. Good luck with your appeal - please update us when you hear something!
0 coins
Jamal Thompson
One more thing to remember in your appeal: be sure to include the relevant parts of the UCMJ and Joint Travel Regulations that pertain to command-sponsored dependents. These federal regulations supersede state-level interpretations about your availability for work. Also, if you're having trouble getting through on the phone to discuss your appeal, try calling right when they open at 8:00 AM Pacific time - that's when wait times are shortest.
0 coins
Carmen Reyes
•I've been trying that early morning strategy for a week with no luck. Either constant busy signals or 3+ hour wait times that disconnect before I reach anyone. It's maddening!
0 coins