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Hazel Garcia

How long do you have to appeal unemployment decision in Washington ESD?

Got a disqualification letter from Washington ESD last week and I'm trying to figure out my timeline for appealing. The letter mentions appeal rights but I can't find the specific timeframe anywhere. Does anyone know how many days you have to file an appeal with Washington ESD? I'm worried I might miss the deadline if I wait too long to get my paperwork together.

You typically have 30 days from the date on the determination letter to file your appeal with Washington ESD. Don't wait - that deadline is firm and they won't accept late appeals except in very rare circumstances.

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Thanks! The letter is dated last Tuesday so I should be good for a few more weeks to prepare everything.

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Make sure you're counting from the mailing date on the letter, not when you received it. Washington ESD assumes you got it within a few days of mailing.

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30 calendar days is correct. You can file online through your Washington ESD account or mail in the appeal form. I'd recommend doing it online since you get confirmation it was received.

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Is there a specific form I need to use or can I just write a letter explaining why I disagree?

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There's an official appeal form but a written statement works too. Just make sure you clearly state you're appealing the determination and include your claim number.

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I was in a similar situation last year and couldn't get through to Washington ESD to ask questions about my appeal. Ended up using Claimyr.com to actually talk to someone - they have this system that calls Washington ESD for you and gets you connected to a real person. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that cost? I'm already strapped for cash from being unemployed.

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It's worth checking out their site for pricing. For me it was way better than spending hours trying to call Washington ESD myself and never getting through.

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That actually sounds really helpful. I've been trying to call for days about my appeal questions but keep getting busy signals.

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Whatever you do, don't miss that 30 day deadline! I know someone who waited 31 days and Washington ESD wouldn't accept their appeal. They had to start over with a whole new claim.

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Yikes, that's exactly what I was worried about. I'll get my appeal submitted this week to be safe.

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wait i thought you had longer than 30 days? my friend said she had 60 days for her appeal

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No, it's definitely 30 days for unemployment benefit appeals in Washington. Your friend might be thinking of a different type of appeal or a different state.

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Pro tip: even if you're not ready with all your documentation, file the appeal within the 30 days anyway. You can always submit additional evidence later, but you can't file a late appeal.

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Good point! So I can file the appeal form now and then gather supporting documents before the hearing?

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Exactly. Just make sure you submit everything well before your hearing date so the administrative law judge has time to review it.

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The 30 day rule is no joke. I learned this the hard way when I missed the deadline by like 2 days because I was waiting to hear back from my former employer. Washington ESD wouldn't budge on the timeline.

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Did you try to get an extension or anything? Seems harsh for just 2 days.

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I tried but they said good cause for late filing is very limited - like hospitalization or not receiving the notice. Just being busy or waiting for info doesn't count.

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That's brutal but makes sense why they have to be strict about deadlines. Otherwise everyone would have excuses.

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If you're having trouble reaching Washington ESD to ask questions about your appeal, I had success with that Claimyr service someone mentioned earlier. It's basically like having someone else deal with the phone system for you.

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I might try that. The few times I've gotten through to Washington ESD the wait time was over an hour.

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Same here - spent literally 3 hours on hold last month just to ask one question about my weekly claim. These phone systems are ridiculous.

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Just to clarify - the 30 days starts from the date ON the determination letter, not when you actually received it in the mail. Washington ESD assumes you got it within a reasonable time of when they sent it.

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Got it, so I need to look at the date printed on the letter itself. Mine says January 8th so I have until February 7th.

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Correct! And I'd file it a few days before that just to be absolutely safe.

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Does anyone know if weekends and holidays count toward the 30 days? Like if day 30 falls on a Saturday, do you have until Monday?

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Calendar days include weekends and holidays, but if the deadline falls on a weekend or state holiday, you have until the next business day to file.

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Thanks! Good to know they at least give you that much leeway.

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I'm going through an appeal process right now. Filed mine on day 28 just to be safe. The hearing is scheduled for next month and Washington ESD said I can submit additional documents up to 5 days before the hearing date.

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How long did it take to get your hearing scheduled after you filed the appeal?

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About 3 weeks to get the hearing notice, then the actual hearing is scheduled about 6 weeks out from when I filed. So total time from appeal to hearing is around 2 months.

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That seems like a long time when you're not getting benefits while waiting. Do you know if they backpay if you win the appeal?

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Yes, if I win they'll pay all the benefits I would have received from when I was originally disqualified. That's why it's so important to keep filing your weekly claims even during the appeal.

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washington esd is the worst with their phone system... tried calling about my appeal deadline and gave up after 2 hours of busy signals

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Try calling right when they open at 8am, that's usually the best time to get through

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already tried that multiple times, still cant get through

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This is exactly why I used Claimyr - they handle all the calling and waiting so you don't have to deal with Washington ESD's phone system directly.

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Quick question - if I file my appeal within 30 days but then realize I need to add more information to my argument, can I submit additional statements before the hearing?

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Yes, you can submit additional evidence and documentation after filing your initial appeal, as long as it's before the hearing. Just make sure the administrative law judge receives it with enough time to review.

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Perfect, that takes some pressure off. I can file the basic appeal now and work on gathering more evidence over the next few weeks.

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For what it's worth, I won my Washington ESD appeal last year. The key is having documentation to back up your side of the story. Don't just rely on your word against your employer's - get emails, witness statements, company policies, whatever supports your case.

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What kind of documentation helped you the most? My situation involves a dispute over whether I quit or was fired.

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Email exchanges with my supervisor and HR were huge. Also got a statement from a coworker who witnessed some of the incidents. Washington ESD really wants to see concrete evidence, not just he-said-she-said.

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This is great advice. I'm dealing with a similar quit vs fired situation and wasn't sure what kind of proof I needed.

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One more tip - make sure you keep filing your weekly claims even while your appeal is pending. If you win, Washington ESD will backpay all those weeks, but only if you were filing claims during that time.

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Wait, I can still file weekly claims even though I was disqualified? I thought I wasn't supposed to do that.

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Yes, keep filing them! They won't pay out while you're disqualified, but if you win your appeal they'll process all those back weeks. If you don't file them, you lose those weeks forever.

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This is super important info - I almost stopped filing my weekly claims when I got disqualified. Good thing I kept doing it.

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Just wanted to add that if you're really struggling to reach Washington ESD for questions, that Claimyr service people mentioned actually worked for me too. Used it to clarify some stuff about my job search requirements and got through in like 20 minutes instead of wasting my whole day trying to call.

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I think I'm going to try that. These phone issues are adding so much stress to an already stressful situation.

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Same experience here - worth it just for the peace of mind of actually talking to someone who can answer your questions.

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Just want to emphasize what others have said - don't wait to file your appeal! I made the mistake of trying to gather "perfect" documentation before submitting and almost missed the 30-day deadline. You can always add more evidence later, but once that deadline passes, you're out of luck. File the basic appeal first, then work on strengthening your case. Washington ESD is very strict about those timelines and won't make exceptions for almost any reason.

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