ESD disqualified my claim - just filed an appeal. What happens at the OAH hearing?
I just got my ESD claim disqualified because they said I didn't provide enough proof of job search activities (I swear I did 3 per week but they claim I didn't document them properly). I filed my appeal through eServices this morning and it says they'll schedule a hearing and send me a notice with date/time. I'm kinda freaking out - is this like a legit court case now? Do I need a lawyer? Has anyone gone through the OAH hearing process before? How long does it typically take to get the hearing scheduled and then to get a decision? My rent is due in 2 weeks and I'm seriously stressing about this.
19 comments
Yuki Ito
its not like a real court just a phone call with a judge. i had one last year for being fired vs quitting (they said i quit, i said i was fired) and it was pretty casual. took like 3 weeks to get the hearing date after i filed appeal. the hearing itself was like 30 mins and the judge asked questions. no lawyer needed
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Ethan Taylor
•Thanks for letting me know! 3 weeks is a long time though...did they backpay you for all those weeks once you won?
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Carmen Lopez
The Office of Administrative Hearings (OAH) handles unemployment appeals. It's not a court case in the traditional sense - it's an administrative hearing. Here's what to expect: 1. You'll receive a Notice of Hearing in about 1-2 weeks with your hearing date, time, and instructions 2. The hearing is usually by phone and lasts 30-60 minutes 3. An Administrative Law Judge (ALJ) will conduct the hearing 4. You'll need to present evidence about your job search activities - gather all documentation now 5. An ESD representative will likely participate 6. You don't need a lawyer, but you can have one if you want Most importantly, prepare your evidence showing you did complete proper job search activities. The judge will want specific details about each activity.
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Ethan Taylor
•This is super helpful! I'm gathering everything now. For the job search activities, if I applied online but didn't save screenshots of every application, am I just out of luck?
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AstroAdventurer
THE WHOLE SYSTEM IS RIGGED!!! I went through this exact thing in January. They denied my job searches even though I did everything they asked. The "hearing" is just a formality so they can say they gave you a chance. The judge works for them not for you!! I lost my appeal and now they want me to pay back $2,800. GOOD LUCK getting a fair hearing from these people!!!
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Carmen Lopez
•I understand your frustration, but this isn't accurate. OAH judges are independent from ESD. According to ESD's published statistics, claimants win about 30-40% of appeals. The outcome depends on the specific evidence and circumstances of each case.
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Andre Dupont
I actually had a good experience with my appeal hearing last month. My claim was disqualified for a similar reason, but I won the appeal. Here are some tips: 1. If you have emails confirming job applications, print those out 2. If you used WorkSource, get records from them 3. If you have contact info for employers you applied with, have that ready 4. Be super organized before the hearing 5. Speak clearly and don't interrupt the judge 6. If you don't have documentation for some activities, be honest about what you did My hearing was scheduled about 2 weeks after filing the appeal, and I received the decision 5 days after the hearing. Once I won, ESD released all my held payments within 3 business days.
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Ethan Taylor
•This is encouraging! I did use WorkSource for some applications, so I'll definitely get those records. How detailed did you have to be about each job search activity during the hearing?
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Zoe Papanikolaou
Hey btw, if you need to reach ESD before your hearing to try and resolve this or get more info, I used this service called Claimyr that got me through to an actual ESD agent in like 20 minutes when I couldn't get through for days. It was worth it for me when I was in adjudication limbo. You can see how it works at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. They basically call ESD for you and then connect you when they get through.
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Jamal Wilson
•is that a real thing? sounds like a scam to me lol
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Zoe Papanikolaou
•Not a scam, I was skeptical too but it worked for me. They just help you bypass the phone waiting game. Totally up to you though, just sharing what helped me.
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Mei Lin
mine took 4 weeks to get scheduled from when i filed and another 2 weeks after the hearing to get the decision. it sucked waiting but they did backpay everything once i won. def have all ur job search evidence ready and organized. and yeah its just a phone call, the judge was actually pretty nice in my case. good luck!!!!!
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Ethan Taylor
•Thank you! 6 weeks total is a long time to wait... I hope mine is faster but I'll prepare for the worst.
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Andre Dupont
To answer your earlier question about job search documentation - it helps to be very specific during the hearing. For each activity, be prepared to state: - The date of the activity - The employer name and contact info - The position you applied for - The method you used (online, in-person, etc.) - What the result was (if any) If you used online job boards but didn't save screenshots, you might still be able to log into those accounts and find your application history. Check your email for confirmation messages too. Even if you're missing some documentation, showing a good faith effort to maintain records can help your case.
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Ethan Taylor
•Got it - I'll try to recreate as much documentation as possible from my email history and job board accounts. I think I can piece together enough evidence for most weeks.
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Jamal Wilson
just wondering did they send you warnings before disqualifying u? i got an email last week saying some of my job search logs were incomplete and i need to fix them but idk what to do
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Ethan Taylor
•They sent me one message in eServices about 'insufficient job search documentation' but I thought I fixed it. Obviously not well enough! If I were you I'd call ESD ASAP to clarify what they need before you end up in my situation.
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Carmen Lopez
One more important thing about the appeals process: if you win your appeal, ESD will pay all benefits for the weeks that were held during the appeal process. However, you must continue filing your weekly claims during this time, even though you won't receive payments until after the appeal decision. If you don't file weekly claims while waiting for your appeal, you won't be paid for those weeks even if you win.
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Ethan Taylor
•Thank you for this! I wasn't sure if I should keep filing. Definitely going to keep doing my weekly claims and documenting everything extremely carefully now.
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