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Gabrielle Dubois

How long do ESD appeal hearings actually last? Preparing for my first one

Just got my appeal hearing notice from OAH for next Tuesday at 1pm. They're saying I was overpaid $5,800 because I supposedly didn't report some income correctly. I'm freaking out because I've never done one of these hearings before and I don't know how to prepare. The notice says to block off 2 hours, but does it actually take that long? I have to arrange childcare and I'm not sure if I need 2 hours or 5 hours or what. Has anyone gone through an appeal hearing recently? How long did yours take? Also, do I need to have all my documentation printed out or can I just have it on my computer? Really nervous about this whole process.

I had my appeal hearing back in January - the actual hearing lasted about 1 hour and 15 minutes. They scheduled it for 2 hours but we finished early. The judge (Administrative Law Judge or ALJ) was actually pretty nice and walked me through everything. Make sure you have ALL your documentation ready - pay stubs, any emails from employers, your ESD determination letters, everything. I'd recommend having both digital AND paper copies just in case. They'll want you to send some documents ahead of time too, so check for instructions about that in your notice.

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Thank you so much! That helps a lot. Did you have to testify or anything? I'm so nervous about saying the wrong thing.

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my hearing was like 2.5 hrs cuz the esd rep kept going on and on about some policy stuff. it gets boring af so have water ready lol. also make sure ur in a quiet place cuz they record everything

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2.5 hours?! That's so long. I'll definitely find someone who can watch my kids for the whole afternoon just in case.

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Appeal hearings typically last 1-2 hours, depending on the complexity of your case and how many witnesses are involved. Since yours involves income reporting discrepancies, they'll likely go through each week in question and ask you to explain any differences between what you reported and what your employer reported. Prepare by: 1. Creating a timeline of all your work and payments 2. Having your weekly claim records ready to reference 3. Preparing a clear explanation for any discrepancies 4. Having all documentation organized by date You'll be sworn in and will need to testify. The ALJ will give you opportunities to explain your side and present evidence. Be concise and stick to the facts. Good luck!

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This is super helpful, thank you! I'm putting together all my documentation now. I'm pretty sure the mistake was on their end because I reported everything correctly, but I'm still nervous about the whole thing.

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mine only took 45 mins! but i had a really simple case where esd just made a mistake on my claim. depends on how complicated yours is i guess

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I've been through THREE hearings (ugh) and they've all been different lengths. My advice - if you haven't already, try calling ESD directly to clarify the mistake before your hearing. Sometimes you can resolve it without going through the whole appeal process. I wasted 2 weeks trying to reach someone at ESD before I found Claimyr (claimyr.com). They got me connected to an actual ESD agent in about 30 minutes. Totally worth checking out their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 In my last case, the ESD agent found the error right away and I was able to cancel my hearing. Saved me so much stress!

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I didn't know this was an option! My hearing is on Tuesday so I don't have much time, but I'll check out that service you mentioned. If I can avoid the whole hearing that would be amazing.

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THE SYSTEM IS RIGGED AGAINST US!!! I had a 3 HOUR hearing where they just kept asking me the same questions over and over trying to trip me up!!! They will try to make you admit to something you didn't do!! DON'T FALL FOR IT!!! Make sure you record the hearing yourself too (Washington is a two-party consent state but they're already recording so it's fine).

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This isn't accurate advice. While hearings can be stressful, ALJs are not trying to "trip you up." They're trying to establish facts. And regarding recording - you should explicitly ask permission to record rather than assuming it's allowed. Some OAH judges don't permit additional recordings beyond the official one.

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my cousin had one of these last month and it was supposed to be 2 hours but went for like 3.5 because there was some technical difficulty at the beginning then they had to finish some other hearing before his. so maybe plan for extra time just in case?

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One more tip - write down notes about what happened each week they're questioning. Have it in front of you during the hearing. I found it really helpful to have a "cheat sheet" with dates and amounts so I wasn't trying to remember everything on the spot. The hearing will go faster if you're organized and can answer questions clearly.

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That's a great idea. I'm going to make a spreadsheet with all the weeks and amounts right now. Thank you!

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Just wanted to add - make sure you're on time for the hearing (actually, be early and ready 10-15 minutes before). If you miss it, it's very difficult to get a new hearing scheduled and the judge will likely rule against you by default. Also, if you've found new evidence that supports your case, you can sometimes submit it up to 5 business days before the hearing. Check your notice for the exact deadline.

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Update: I tried that Claimyr service and actually got through to ESD! The agent looked at my file and said there was confusion about some income from a side gig I did last year. They're still making me do the hearing, but at least now I know exactly what weeks they're questioning and what documentation I need. I've got everything organized and ready for Tuesday. Will update after the hearing to let everyone know how it went!

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That's great! Knowing exactly what they're questioning makes a huge difference. You'll be much better prepared now.

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