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GalacticGuardian

How long does it take for an unemployment appeal to be processed in Washington ESD?

Filed an appeal with Washington ESD about 6 weeks ago after they denied my initial claim. The determination letter said I was disqualified for 'voluntary quit' but I was actually laid off due to company restructuring. I submitted all my documentation including the layoff notice and severance paperwork. My account still shows 'appeal pending' and I haven't heard anything. Does anyone know how long these appeals typically take to get scheduled for a hearing? I'm starting to get really worried about my finances.

Appeals can take anywhere from 8-12 weeks right now, sometimes longer depending on the complexity. The Office of Administrative Hearings (OAH) handles unemployment appeals and they've been backlogged. You should receive a hearing notice by mail at least 10 days before your scheduled hearing date.

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12 weeks?! That's way longer than I expected. Is there any way to check the status or get an update?

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You can call the OAH directly at their hearing line, but honestly their phone system is pretty overwhelmed too. Your best bet is to make sure all your documentation is ready for when the hearing notice comes.

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I went through this exact same thing last year. Took about 10 weeks total from filing the appeal to getting my hearing scheduled. The good news is if you win your appeal, Washington ESD will pay you retroactively for all the weeks you should have received benefits.

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That's somewhat reassuring about the retroactive pay. Did you have to represent yourself at the hearing or did you get help?

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I represented myself. The administrative law judge was pretty fair and asked good questions. Just make sure you have all your evidence organized and can clearly explain why the initial determination was wrong.

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The waiting is the worst part honestly. I had a similar situation where I couldn't get through to anyone at Washington ESD to check on my appeal status. Eventually found this service called Claimyr (claimyr.com) that helped me get through to an actual person. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ. Might be worth checking out if you need to talk to someone about your case.

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Never heard of that before. Is it legit? I'm getting desperate to talk to someone about my appeal.

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Yeah it's legitimate. They basically help you get through Washington ESD's phone system when it's busy. I was able to confirm my appeal was properly filed and get some timeline info.

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ugh the whole appeals process is such a nightmare. been waiting 9 weeks for mine and still nothing. washington esd is completely broken

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9 weeks is even longer than what I'm dealing with. What was your appeal about if you don't mind me asking?

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misconduct allegation that was complete bs. my former employer lied about what happened and now i have to prove my innocence

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Important thing to remember is that even while your appeal is pending, you should continue filing your weekly claims if you're still unemployed. Mark that you're unemployed and looking for work. If your appeal is successful, those weeks will count toward your benefit payments.

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I've been doing that but it feels weird filing when my claim is denied. Are you sure that's the right thing to do?

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Yes, absolutely continue filing. Washington ESD specifically tells you to keep filing during the appeal process. If you don't file those weekly claims, you could lose eligibility for those weeks even if you win your appeal.

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This is correct. I made the mistake of not filing during my appeal and lost 3 weeks of benefits even after I won. Don't make my mistake!

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The voluntary quit vs layoff thing is really common. Employers sometimes report it wrong to try to avoid their unemployment tax going up. Do you have any written documentation of the layoff?

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Yes, I have the official layoff notice and my severance agreement that clearly states it was due to workforce reduction. I submitted copies with my appeal.

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That should be pretty straightforward then. The administrative law judge will review that documentation and it should be clear you didn't voluntarily quit.

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Just want to echo what others said about the timeline. Mine took exactly 11 weeks from appeal filing to hearing date. The hearing itself was only about 30 minutes and I got the decision letter 2 weeks later. Patience is key.

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Good to know about the hearing length. I'm nervous about having to present my case but 30 minutes doesn't sound too intimidating.

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Has anyone had luck reaching the Office of Administrative Hearings directly? I've been trying their number but it just rings and rings.

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OAH is notoriously hard to reach by phone. They're understaffed and dealing with a huge caseload. Your best bet is to wait for the official hearing notice to arrive by mail.

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I actually used that Claimyr service someone mentioned earlier to get through to Washington ESD about my appeal timeline. They couldn't give me the exact hearing date but confirmed my appeal was moving through the system normally.

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The system is so messed up right now. I know people who filed appeals 4 months ago and still haven't gotten their hearing. Meanwhile bills don't stop coming.

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4 months?! that's insane. how are people supposed to survive that long without income?

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That seems unusually long. Most appeals I've seen processed recently are in the 8-14 week range. There might have been specific complications with those cases.

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Make sure you're checking your mail every day for the hearing notice. Sometimes they get mixed in with junk mail and people miss them. If you miss your hearing date, it becomes much harder to reschedule.

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Good point. I've been paranoid about missing any mail from Washington ESD or OAH. Do they send it certified mail or just regular?

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Usually just regular first-class mail, which is why it's easy to miss. Some people have had success updating their address with both Washington ESD and OAH to make sure the notice goes to the right place.

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One thing that helped me while waiting was putting together a timeline of events with dates and documentation. When my hearing finally came up, I was super prepared and it made the process much smoother.

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That's a great idea. I should organize everything chronologically so I can present a clear case.

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btw if you win your appeal does washington esd automatically start paying benefits or do you have to do something else?

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If you win your appeal, Washington ESD should automatically process your retroactive payments within 1-2 weeks of the decision. You don't need to take any additional action, but you should continue filing your weekly claims.

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Mine took about 10 days after the favorable decision to see the payments hit my account. They paid everything in one lump sum for all the weeks I had been denied.

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The worst part about appeals is you can't get any benefits while you wait. It's like being punished twice - first they deny you wrongly, then you have to wait months to prove they were wrong.

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exactly! the system is designed to make you give up. most people probably can't afford to wait months for an appeal

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I understand the frustration, but the appeals process exists to ensure fair hearings. The backlog is definitely a problem that needs addressing though.

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Pro tip: if you have any witnesses who can testify about your layoff (former coworkers, supervisors who weren't involved in the decision), you can bring them to your hearing or have them participate by phone.

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I didn't know you could have witnesses. That might be helpful since my former manager who gave me the layoff notice still works there.

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Check if your appeal hearing will be by phone or in person. Most are by phone now which makes it easier, but you want to make sure you're in a quiet place with good reception when they call.

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Good point about the phone hearing. I'll make sure I'm somewhere with strong cell service when the time comes.

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Been through this whole process twice unfortunately. First appeal took 10 weeks, second one took 13 weeks. The key is having solid documentation and being patient. The system works but it's slow.

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Thanks for sharing your experience. It helps to hear from people who've actually been through it successfully.

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Happy to help. The waiting is stressful but if you have good evidence like you do, you should be fine. Just hang in there.

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Last thing - make sure you keep copies of everything you submitted with your appeal. Sometimes documents get lost in the system and you need to resubmit them.

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Already done! I made copies of everything and have them organized in a folder. Learned my lesson from dealing with Washington ESD's system.

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Just wanted to add that you should also prepare for the possibility that your employer might participate in the hearing to contest your appeal. They'll likely try to justify their "voluntary quit" classification, so be ready to counter their arguments with your layoff documentation. In my experience, having that official layoff notice and severance agreement should be more than enough evidence, but it helps to think through what they might say and how you'll respond. The administrative law judge will ask both sides questions, so stay calm and stick to the facts. You've got solid evidence on your side!

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That's really helpful advice about preparing for the employer's participation. I hadn't really thought about them actively contesting it, but you're right - they probably will since they reported it as voluntary quit in the first place. Do you know if employers usually send someone to these hearings or just submit written statements? I want to make sure I'm prepared for either scenario.

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