< Back to Washington Unemployment

PixelPrincess

ESD hardship notice & escalation to adjudicator - wait time for L&I to UI transition?

I just got this email from ESD saying they've recognized a 'hardship situation' with my claim and they're escalating it to an adjudicator. Has anyone gotten one of these notices before? I'm trying to figure out how long this might take. My situation: I had an on-the-job injury last year that led to multiple surgeries (none worked great, tbh). My doctor still hasn't cleared me to return to work, and after 7 months my employer terminated me because they needed to fill my position. So now I'm trying to transition from L&I to unemployment, but I'm worried my former employer might contest it since technically they fired me for not being able to work. I'm getting really anxious about this because my L&I benefits are ending soon and I have no idea how long this adjudication process might take. Anyone been through something similar?

I received the same hardship escalation notice about 3 weeks ago. In my case, it took 11 business days before the adjudicator reached out to me by phone. They scheduled a phone interview for the following week. The whole process from notice to decision took about 18 days total. For your specific situation though - transitioning from L&I to UI can be complicated because of the "able and available" requirement for unemployment. Did your doctor provide any work restrictions rather than a complete inability to work? That could really help your case. If you have documentation showing you can work with accommodations but your employer couldn't/wouldn't provide them, make sure the adjudicator knows this.

0 coins

Thank you so much! 18 days isn't as bad as I feared. My doctor has me on restricted duty (can't lift more than 10lbs, limited standing/walking, etc). My former employer said they couldn't accommodate these restrictions in my position, and they didn't have any other open positions that would work with my limitations. I have all the medical documentation though, so hopefully that helps my case.

0 coins

Employers ALWAYS fight unemployment claims no matter what!! My boss fired me after I got injured too and fought my claim for 3 months!! even tho they were totally wrong! ESD is so slow you'll be homeless before they make a decision lol

0 coins

Not all employers fight claims. Mine didn't when I was laid off. Depends on the company and situation, really.

0 coins

ur lucky then. most companies fight EVERY claim because their UI tax rates go up when former employees collect benefits. it's all about $$$

0 coins

Those hardship escalation notices are actually a good sign - it means your claim has been flagged for priority handling. The typical adjudication process can take 4-8 weeks right now, but hardship cases are being processed in about 2-3 weeks in most situations. Regarding your L&I to UI transition: This is a common scenario, and you may have a valid UI claim depending on the specifics. The key factors will be: 1. Whether you're now medically able to perform some type of work, even with restrictions 2. Whether your employer could reasonably accommodate those restrictions 3. Documentation of your work search for jobs that match your current abilities If your doctor has given you partial work release with restrictions, and you're actively looking for work within those restrictions, you meet the "able and available" requirement for UI benefits. Your former employer may contest, but having proper documentation from your physician will be crucial. Make sure to have ready: - Medical documentation showing your current work capabilities/restrictions - Any communication from your employer about why they couldn't accommodate - Work search documentation showing you're looking for jobs within your restrictions

0 coins

This is incredibly helpful, thank you! I do have a work release with restrictions, and I've been applying for desk jobs and other positions that fit within my restrictions. I'll make sure I have all that documentation ready when the adjudicator contacts me. Do you know if they typically just call, or should I be watching for an email?

0 coins

They'll usually try to call you first, but they'll also send an email if they can't reach you by phone. Make sure your contact information is up to date in your ESD account. Since you've received the hardship notice, I'd recommend checking your phone regularly and answering even unknown numbers for the next couple weeks. If you miss their call, they'll typically leave a voicemail with instructions to call back, but this can delay your claim processing.

0 coins

When ESD put me in adjudication last year it took FOREVER to hear back from them!!! I tried calling literally 50+ times and could never get through. My bills were piling up and I was about to lose my apartment. I finally found this service called Claimyr that got me through to an actual ESD agent in about 20 minutes. They connected me directly to someone who could check on my adjudication status and actually got it moved along faster. Saved my sanity honestly. Check out their demo video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 or their website claimyr.com

0 coins

Is this legit? I'm always suspicious of third-party services for government stuff. Has anyone else tried this?

0 coins

I used Claimyr earlier this year when my claim was stuck in processing for 6 weeks. It worked - got me through to an actual person at ESD who fixed my issue. I was skeptical too but when you're desperate to get through, it's worth it.

0 coins

The transition from L&I to unemployment can be complicated, but it's definitely possible. I went through something similar in 2024 after a workplace injury that left me with permanent restrictions. The key is showing that you're able to work in SOME capacity, just not in your previous role. In my case, the adjudicator contacted me about 10 days after I got that hardship notice. They asked for: 1. Medical documentation showing my current work capabilities 2. Evidence of job search activities for positions within my medical restrictions 3. Documentation that my previous employer couldn't accommodate my restrictions They also contacted my former employer for their side of the story. As expected, my employer initially contested it, claiming I was "not able and available for work" - but the adjudicator ruled in my favor since I demonstrated I was actively looking for work that matched my new limitations. The whole process took about 3 weeks from the hardship notice to approval. Don't give up hope!

0 coins

This gives me so much hope, thank you! Our situations sound really similar. I have permanent restrictions now too. Did you have to do a phone interview with the adjudicator, or was it all through documentation?

0 coins

Yes, I had a scheduled phone interview that lasted about 25 minutes. They asked pretty detailed questions about my injury, work restrictions, why my employer couldn't accommodate me, and what types of jobs I was now searching for. Be prepared to explain specifically how your restrictions prevent you from doing your old job but how you could do other types of work. They really want to hear that you're willing and able to work in some capacity.

0 coins

my friend got one of those hardship notices and it still took like 6 weeks to get resolved just saying don't get your hopes up too high

0 coins

That's unusual for a hardship case. When did this happen? The processing times have improved a lot in 2025 compared to previous years.

0 coins

it was like 3 months ago so pretty recent. maybe he just got unlucky idk

0 coins

I work in HR (not giving legal advice, just sharing general info). When an employee transitions from L&I to unemployment, there are specific guidelines that ESD follows. If your doctor has given you permanent restrictions that your employer truly cannot accommodate, and you're actively seeking work within those restrictions, you generally qualify for UI benefits. The key is documenting everything. Your employer might contest because they're concerned about their UI tax rate increasing, but that doesn't mean they'll win. Make sure you have: 1. Written documentation from your doctor clearly outlining your restrictions 2. Any communications from your employer stating they cannot accommodate those restrictions 3. Evidence that you're applying for jobs that you CAN do with your restrictions Also, while waiting for adjudication, make absolutely sure you continue filing your weekly claims by the deadline, even if they're showing as pending. This is crucial - if you miss filing weekly claims, you could lose benefits entirely. Hope this helps!

0 coins

Thank you for the HR perspective! This is super helpful. I have been filing my weekly claims religiously even though they all say "pending - adjudication in progress". I'm keeping detailed records of all my job applications too. Really appreciate the advice!

0 coins

hows your financial situation while waiting? have u contacted DSHS? when i was waiting for my UI i got emergency assistance thru them, might be worth checking out

0 coins

I hadn't thought about DSHS, that's a good idea. I'm getting by on savings right now but they won't last forever. I'll look into that tomorrow, thanks for the suggestion!

0 coins

Has there been any update on your case? I'm curious if the adjudicator has reached out yet.

0 coins

Yes! The adjudicator called me yesterday morning. We had a 30-minute interview where I explained my situation and all my documentation. They said they'd be contacting my employer next and I should have a decision within 5-7 business days. Fingers crossed it goes in my favor! Thanks for checking in.

0 coins

That's great news! The fact that they've already conducted your interview is a positive sign. The hardship escalation definitely helped speed things up. Keep us posted on the outcome when you hear back.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today