Finally won ESD appeal after 4 months of adjudication nightmare - how I did it
I just need to share this with people who understand... after 4 long months in adjudication hell and a denial that crushed me, I FINALLY won my appeal yesterday! I was let go from my restaurant management position back in January - boss claimed 'misconduct' because I missed two shifts when my car broke down. ESD denied my claim in March citing 'misconduct' with zero investigation. I nearly gave up after waiting 7 weeks for an appeal hearing date. The hearing was nerve-wracking - my former employer showed up with documentation I'd never seen before! But I had my attendance record, text messages about my car troubles, and proof I'd tried to find a ride. The judge actually listened and REVERSED the denial! My back payments should be coming within 10-14 business days ($14,500 for 4+ months). For anyone still fighting their claim: DOCUMENT EVERYTHING. Save texts, emails, take screenshots. And get help from the Unemployment Law Project - they gave me free advice that probably saved my case. https://unemploymentlawproject.org/ Just want you all to know there IS hope even when you feel like giving up. This group kept me going when I was ready to throw in the towel.
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Talia Klein
Congrats!!! Im still fighting mine from February, been calling ESD for WEEKS and cant get througg. What exactly did the ULP do for you? Did they actually represent you at the hearing or just give advice?
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Cedric Chung
•They didn't represent me (though they can if your case is complicated) - but their advice was GOLD. They helped me organize my evidence, told me what to focus on, and prepped me for the types of questions the judge would ask. They also told me about my right to cross-examine my employer, which I wouldn't have known! Call them ASAP - they have limited staff but they'll help you.
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Maxwell St. Laurent
this is so awesome to hear! I'm in adjudication now (7 weeks) and feeling hopeless. this gives me hope, thx for sharing!
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PaulineW
•7 weeks is actually on the shorter end for adjudication these days. I've been seeing 10-12 weeks as the standard for most claims with any kind of separation issue. Make sure you're still filing your weekly claims on time, even without payment. And check your ESD account alerts daily - they sometimes send questionnaires with 48-hour deadlines that can delay your claim further if missed.
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PaulineW
Congratulations on winning your appeal! This is why I always tell people to never give up on a valid claim. For those who haven't been through the process, here's what typically happens: 1. ESD often issues quick denials for separation issues (especially when employers claim misconduct) 2. Appeals are heard by OAH (Office of Administrative Hearings) judges who are separate from ESD 3. These judges look at evidence much more thoroughly than ESD adjudicators 4. You have much better odds at the appeal level if you have documentation One tip: if you're waiting for an appeal hearing, keep filing your weekly claims! If you win, they can only pay for weeks you properly certified.
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Annabel Kimball
•Is it true that most people lose there appeals? My neighbor said only like 10% of people ever win against there employer. I'm stressing out SO BAD about my hearing next week!!!
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Chris Elmeda
If anyone is struggling to get through to ESD to check on their appeal status or resolve adjudication issues, I used a service called Claimyr that got me through to an actual ESD representative in about 20 minutes after weeks of trying on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Their website is claimyr.com - it was honestly such a relief to finally talk to someone who could tell me what was happening with my claim instead of just getting busy signals and hangups.
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Talia Klein
•does it acutally work??? ive tried calling like 30 times and never get a person
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Jean Claude
I'm happy for you, but this just proves how BROKEN the system is!! Why should you have to fight for MONTHS to get benefits you're entitled to?? My claim was denied because my employer LIED about me quitting (I was actually laid off). Now I'm waiting for an appeal hearing and can't pay my rent. The whole system is designed to deny first and make us jump through hoops to get what we deserve.
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Maxwell St. Laurent
•100% agree!! the system is rigged against workers!
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Annabel Kimball
congrats!!! question - did your payments start right after the judge decided or did you have to wait? i won my appeal 2 weeks ago but still haven't seen a penny! ðŸ˜
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Cedric Chung
•The judge told me at the end of the hearing that she was ruling in my favor, but she said ESD needs time to process the decision once they receive it. The official decision letter came by mail 5 days after the hearing, and I'm still waiting for payment. The ESD website shows my claim as "paid" now but nothing in my bank account yet. I'll update when it arrives!
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Charity Cohan
Congratulations on your appeal victory! For anyone else going through the appeals process, here are some important tips I've learned from helping several people navigate the system: 1. OAH hearings are typically scheduled 6-8 weeks after you file your appeal request 2. You'll receive a hearing notice with the date/time about 2 weeks before the hearing 3. Submit all your evidence at least 1 week before the hearing (earlier is better) 4. The judge can only consider evidence that's properly submitted before the hearing 5. Your hearing will likely be by phone unless you specifically request in-person 6. You can request a postponement if you have a legitimate conflict 7. Even after winning, it takes ESD 1-3 weeks to process the judge's decision The most common mistake people make is not submitting their evidence properly or waiting until the hearing to mention important documents.
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Cedric Chung
•This is all spot-on! I would add that if you're nervous about the hearing, you can ask the judge to explain the process at the beginning. My judge was really patient and walked me through everything. Also, take notes during the hearing - my former employer said some things that contradicted their earlier statements, and I was able to point that out because I wrote it down.
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Talia Klein
sooo after I win my appeal (staying positive lol) will they pay me for all the weeks I've been filing with no money?? Its been 3 months and I'm drowning in debt
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PaulineW
•Yes, if you win your appeal, ESD will pay you for all eligible weeks you've claimed during the appeal process - assuming you've been filing your weekly claims consistently. This is called "back benefits." Make sure you've been answering all the weekly certification questions truthfully and reporting any work/earnings. If you missed filing for any weeks, you'll need to request to backdate those claims, which is a separate process.
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Josef Tearle
I had my appeal last month for a similar issue! My old job said I abandoned my position when actually they changed my schedule without telling me! The judge in my case was super fair too. Took about 2 weeks after the decision for money to hit my account. Congrats!!
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Annabel Kimball
•so ur saying it takes 2 weeks after you win to get paid??!! i cant wait that long! this is so frustrating. why cant they just pay us right away after we win?
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