How long after ESD appeal hearing to get decision? (OAH hearing yesterday)
I just had my appeal hearing with the Office of Administrative Hearings (OAH) yesterday for my denied unemployment benefits. The judge said they would mail a decision but didn't give a timeframe. Anyone know how long it typically takes to get the decision after a hearing? I'm super anxious because rent is due next week and I need to know if I should borrow money from family. Also, is there anywhere online where I can check the status or will they only notify by mail? This whole process has been so stressful!
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Ella Cofer
The law says they have to mail the decision within 30 days of your hearing date, but in my experience it usually comes much faster - typically 7-10 business days. They only send it by mail unless you specifically requested electronic notifications during your hearing. Unfortunately there's no online tracker for OAH decisions that I'm aware of. If you're really concerned, you could call OAH directly at the number on your hearing notice to ask about the status.
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Taylor To
•Thanks for the info! 7-10 days isn't too bad, but waiting is killing me. I don't think I requested electronic notifications... wish I had. Do you know if the ESD account gets updated with the decision before the mail arrives?
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Kevin Bell
mine took 2 weeks exactly. then another week after that for ESD to process the decision and release my payments. hang in there!
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Taylor To
•Thanks for sharing your experience. Was the decision in your favor, if you don't mind me asking? I'm trying to figure out how quickly I might get paid if I win.
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Kevin Bell
•yep i won my appeal! got backpay for all the weeks they originally denied me. about $4800 total. good luck!!
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Savannah Glover
In my experience as someone who's gone through this process twice, OAH decisions typically arrive within 2 weeks, but I've seen it take as little as 4 days and as long as 25 days. It really depends on the judge's caseload and the complexity of your case. A few things to know: 1. The decision will ONLY come by mail unless you specifically requested electronic communication 2. Your ESD eServices account won't show the decision until after ESD processes it, which happens AFTER you get the mailed decision 3. If the decision is in your favor, ESD still needs to process it before releasing any payments (usually 3-7 days after they receive the decision) One tip: If you're having trouble reaching ESD by phone to check status after you receive the decision, I'd recommend Claimyr (claimyr.com). They have a service that helps you get through to ESD agents without the endless busy signals and hangups. Saved me hours of frustration when I needed to check on my payment status after winning my appeal. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works.
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Taylor To
•This is super helpful, thank you! I'm definitely going to check out that Claimyr service if I don't hear anything in the next couple weeks. The thought of calling ESD again gives me anxiety after all the busy signals and disconnects I've dealt with already.
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Felix Grigori
I just went thru this last month!! Took 3 weeks for my decision and I LOST even tho my employer didn't even show up to the hearing!!! So unfair!!! The system is RIGGED against workers, don't get ur hopes up!!!
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Taylor To
•Oh no, I'm sorry to hear that! Did your employer submit any documents beforehand? My employer did show up to my hearing and they brought a bunch of paperwork I'd never seen before.
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Felix Grigori
•YES they submitted a ton of stuff without telling me! Didn't matter that they didn't show up because the judge still used all their documents against me. TOTAL BS!!!! If u lose, make sure u file for the next level appeal right away, you only have 30 days!!!!
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Felicity Bud
For what its worth my hearing was on a Tuesday and I got the decision the following Monday so just 6 days. But I think that was unusually fast from what the judge told me. My employer didn't contest anything though so it was pretty cut and dry. Did your employer participate in the hearing? What was your case about if you don't mind sharing? Sometimes the complexity affects how long they take to decide.
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Taylor To
•My employer did participate. They're claiming I was fired for misconduct because I missed too many days, but I had documentation for medical reasons. The judge seemed sympathetic but it's hard to tell. Hoping I didn't mess anything up by representing myself instead of getting a lawyer.
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Felicity Bud
•That sounds pretty similar to my friend's case, and she won because medical issues generally aren't considered misconduct. Fingers crossed for you! If you presented your medical documentation clearly you should be in good shape. The judges are used to people representing themselves.
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Max Reyes
wait is this the first appeal hearing or the commissioner review? cuz those r different levels and have different timelines i think
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Taylor To
•This was the first appeal hearing with an administrative law judge. I was denied benefits initially, then filed an appeal and just had the hearing yesterday.
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Max Reyes
•ok got it. yeah first level decisions come quicker. usually 1-2 weeks. commissioner reviews can take MONTHS those r brutal
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Mikayla Davison
I once waiting 3 hole months for my hearing descision! Called and called but nobody would tell me anything. But thats because they lost my paperwork and didnt tell me! So dont be afraid to call and check if its been more then 2 weeks.
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Ella Cofer
•That's extremely unusual. The law requires a decision within 30 days. If anyone experiences a delay longer than that, you should contact your state representative or the unemployment ombuds office immediately. 3 months would be a serious violation of your appeal rights.
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Ella Cofer
Just to follow up on my earlier comment - I wanted to add that while waiting for your decision, make sure you continue filing your weekly claims! This is absolutely critical. If you win your appeal but haven't been filing weekly claims, you won't receive benefits for those weeks even with a favorable decision.
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Taylor To
•Oh that's a great reminder - thank you! I've been filing every week even during the appeal process. The ESD website says to keep filing but it still shows me as disqualified each week, which is confusing. I guess those will get sorted out if I win?
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Ella Cofer
•Yes, exactly. The system will continue showing you as disqualified until the appeal decision is processed. If you win, all those weeks you've claimed while disqualified will be reviewed and paid (assuming you met all other eligibility requirements like job search activities, etc). It's a weird system but it's designed to make sure you don't miss out on any potential benefits.
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