ESD ignoring court order to pay $8,000 back benefits - legal options?

Ugh, I feel ur pain! ESD is THE WORST about following through on decisions. When I won my appeal in 2023, it took them 4+ months to pay me, and that was only after I contacted the Unemployment Law Project for help. They're a nonprofit legal group that specializes in these cases - they might be able to help you force ESD to comply with the order. Google "Unemployment Law Project Washington" and you'll find their contact info.

This is unfortunately a common issue with ESD post-adjudication payments. The problem is that even after an Administrative Law Judge (ALJ) issues an order, it has to go through ESD's internal processing. Here's what you should do immediately: 1. File an official complaint with the Employment Security Department's Commissioner's Office (not just regular customer service) 2. Contact the Office of Administrative Hearings (OAH) and inform them that ESD is not complying with the ALJ's order - they have oversight authority 3. Submit a formal public disclosure request for all records related to your claim including internal processing notes If none of those work within 30 days, you can file a Petition for Judicial Review in Superior Court. That's essentially suing them for non-compliance with the administrative order.

oof thats ruff buddy... my cousin waited like 9 months after winning his appeal and finally got paid but no interst or nothing. esd does whatever they want cuz who's gonna stop them?? The regular workers probably don't even no your case exists tbh

If you've tried contacting them with no success, I had a similar situation (though mine was only waiting 3 months after winning). What finally worked was getting my state representative involved. I literally called my district's rep and explained the situation - they have staff who handle constituent services and can put pressure on ESD in ways we can't. They had my payment processed within 2 weeks after that.

Try Claimyr. I was getting nowhere with ESD for months about my adjudication. After trying for WEEKS to get through on the phone, I used Claimyr and got connected to an actual ESD agent in about 20 minutes. They get you through the phone system somehow - saw a video demo of how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent I spoke with was able to see the hold-up on my claim and expedite it. If your issue is just sitting in someone's queue, getting a live person on the phone is your best bet. Their website is claimyr.com.

I HATE TO SAY THIS BUT YOU ALMOST CERTAINLY NEED A LAWYER AT THIS POINT!!! One year of ignoring a judge's order is completely unacceptable and probably illegal!!! If they're ignoring official court orders, then you need to escalate this beyond just trying to call them. My brother-in-law is an attorney (not unemployment specifically) and he says state agencies hate nothing more than a writ of mandamus - it's basically a court order forcing a government agency to do their job. But you'd definitely need a lawyer for that.

I work as a paralegal at a firm that occasionally handles unemployment issues. Here's what you need to know: 1. The Administrative Procedure Act (APA) governs these situations 2. ESD has a legal obligation to implement OAH decisions, but they don't have a specific mandatory timeline 3. After an ALJ decision, ESD must: - Review the decision - Process any necessary adjustments - Update their systems - Issue payment However, a year is beyond any reasonable processing time. You have grounds for legal action, but start with: 1. A formal letter (certified mail) to the ESD Commissioner citing the ALJ decision number and demanding immediate implementation 2. File a complaint with the state Ombuds office 3. Contact the Unemployment Law Project as others suggested If those don't work within 30 days, consult with an administrative law attorney about filing in Superior Court.

Just wanted to add - keep DETAILED records of every attempt to contact them from now on. Dates, times, copies of emails, names of anyone you speak with, etc. This documentation will be super important if you end up having to take legal action. And follow up on EVERYTHING in writing, even if you manage to talk to someone on the phone.

my aunt works for a different state agency (not esd) and she says sometimes claims get "stuck" in the system after appeals because the appeal decision doesnt automatically connect with the payment system??? like the computers dont talk to each other right. maybe thats whats happening?