ESD phone hearing length for childcare disqualification - anyone been through this?
I just got a notice that my ESD claim was disqualified because I had to take time off to care for my son who has autism. They're saying I wasn't "able and available" for work during this period, but I literally couldn't find appropriate childcare for his needs when my regular provider quit suddenly. I've filed an appeal and have a phone hearing scheduled for next week. Does anyone know roughly how long these phone hearings typically last? I need to make arrangements for someone to watch my son during the call. Also, has anyone successfully appealed a disqualification based on caring for a child with a disability? The notice mentioned something about "good cause" exceptions but wasn't clear about what qualifies. Any advice would be really appreciated!
16 comments


Marilyn Dixon
My phone hearing lasted about 45 minutes, but I've heard they can go anywhere from 30 minutes to 2 hours depending on the complexity of your case. The judge will ask you questions about why you couldn't work, and you'll need to explain your situation clearly. For your specific situation, you should definitely gather documentation about your son's disability and the sudden loss of your childcare provider. The "good cause" exception can definitely apply in cases like yours, but you need to show that you made reasonable efforts to find alternative care. Bring any emails, texts, or applications showing you tried to find other childcare options. Also get a letter from your son's doctor explaining his special needs if possible.
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Dominique Adams
•Thank you! This is really helpful. I didn't realize it could take that long. I'll see if my neighbor can watch him for a full 2 hours just to be safe. I have texts with several daycares that said they couldn't accommodate his needs on short notice, so I'll definitely have those ready. Do you think I should have my son's IEP from school as documentation too?
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Louisa Ramirez
i had a hearing last month it was like 20 min tops. judge just wanted basic info. dont stress it
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TommyKapitz
•This is COMPLETELY incorrect information! My hearing went for 1 hour and 45 minutes and the judge asked for TONS of details. The length depends entirely on your specific case and how many witnesses are called. Please don't mislead people about something this important!!!
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Angel Campbell
In your situation, you need to focus on two key elements for the hearing: 1. The "able and available" requirement can be waived if you can demonstrate "good cause" - caring for a child with a disability qualifies under WAC 192-170-010(1)(b)(ii) as a potential good cause exception. 2. You need to demonstrate that: - You had no reasonable alternatives (bring evidence of attempts to find care) - The situation was temporary and beyond your control (sudden loss of provider) - You are now able and available for work (current childcare arrangements) Bring any documentation showing your son's diagnosis, special needs requirements, and the timeline of when your previous provider quit. Also document all attempts to find alternative care (even unsuccessful ones). As for timing, the Notice of Hearing should state an estimated length, but in my experience helping claimants, these typically run 45-90 minutes for cases involving ability and availability issues. Be prepared with all your documentation organized and ready to reference.
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Dominique Adams
•Thank you SO much! I didn't know about that specific WAC code - that's super helpful. The notice just says to allow "sufficient time" which wasn't very specific. I'll make sure I have all that documentation ready. Really appreciate the guidance!
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Payton Black
My sister went through something similar with her kid who has special needs and the ESD actually approved her claim after the hearing. The key was proving she was ACTIVELY looking for appropriate childcare but couldn't find any that could handle his specific disabilities. She won her appeal! But yeah the hearing was like an hour long and pretty stressful tbh. Good luck!!
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Harold Oh
If you're having trouble reaching ESD to ask questions before your hearing, try using Claimyr (claimyr.com). I was getting disconnected for days trying to ask about my upcoming hearing, and they got me through to an actual ESD agent in about 20 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. It was worth it to get my questions answered before my hearing since I was super nervous about it. The agent gave me some pointers about what documents to have ready.
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Dominique Adams
•Thanks for the suggestion. I've been trying to call ESD with some follow-up questions and keep getting disconnected. I'll check this out since I really need to understand more about what documentation they want me to have ready.
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Amun-Ra Azra
•I used Claimyr too when I had my hearing. Got through to ESD in like 30 mins after spending 3 days trying on my own. The agent walked me through exactly what to expect during the hearing which made me way less nervous.
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Louisa Ramirez
hey forgot to say make sure ur on time for the call becuz my friend missed hers and esd automatically ruled against her n she had to start the whole appeal over again. big hassle
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TommyKapitz
When I had my hearing last month, the judge was EXTREMELY hostile! Kept interrupting me and twisting my words. Be prepared for them to try to trip you up - they are NOT on your side. They kept me on the phone for almost 2 hours and then STILL denied my claim even though I had all the documentation they asked for!!! The system is RIGGED against claimants!!!!
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Angel Campbell
•I'm sorry you had that experience, but I want to clarify that Administrative Law Judges are required to be neutral third parties. Your experience isn't typical. Most conduct fair and professional hearings. The judges are not ESD employees and don't represent either side. They're just trying to get all the facts to make a decision based on the law.
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Summer Green
i had a hearing too few months back it was cause i got sick not related to kids though but anyways mine took like 35 minutes or so they just asked basic stuff no need to be nervous they just wana hear your side of things my employer didnt even call in
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Marilyn Dixon
Oh, one more thing I forgot to mention - make sure to dial in about 5-10 minutes early to the hearing. There's usually a virtual waiting room, and being punctual makes a good impression. Also, have a quiet place for the call if possible, and take notes during the hearing. If the judge uses any terminology you don't understand, don't be afraid to ask for clarification. Good luck with your hearing!
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Dominique Adams
•Thanks for the additional tip! I'll definitely call in early. I'm planning to set up in my bedroom with the door closed and have my neighbor watch my son in the living room. Do you think I should mention at the beginning of the call that I have all my documentation ready? I want to appear prepared.
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