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Judge missed deadline to send OAH hearing results - does this help my ESD appeal?

So I had my appeal hearing with an OAH judge last Tuesday about my denied ESD benefits (they said I quit without good cause, but I was actually laid off). The judge told me at the end of the hearing that I would receive the written decision by mail within 5 business days. According to what she said, I should have received it yesterday at the latest, but nothing came in today's mail either. I'm getting really anxious about this. Does the judge missing their own deadline work in my favor at all? Like, can I use this as part of my case if I need to appeal again? Or does it just mean more waiting? Has anyone else experienced delays with hearing decisions?

Andre Dupont

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Unfortunately, judges missing deadlines doesn't really help your case. OAH is backed up right now with a ton of appeals. My decision letter took almost 2 weeks to arrive even though I was told 5 days too. The contents of the decision are what matters, not when it arrives. If you're really concerned, you can call OAH directly at 360-407-2700 to check on the status of your decision, but be prepared to wait on hold for ages.

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Ugh that's frustrating. Did your decision end up being favorable when it finally arrived? I'm just so stressed about this whole thing.

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they ALWAYS say 5 days lol but it never happens!!! took mine 3 weeks last year and my neighbor waited almost a month. system is broken!!!

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Jamal Wilson

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Yes, the 5-day timeframe is more of a goal than a requirement. The Administrative Procedure Act actually allows up to 30 days for OAH judges to issue their decisions after a hearing concludes. While they try to get them out faster, they aren't legally required to meet the 5-day estimate they often provide.

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Mei Lin

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Speaking from experience, what helped me the most when dealing with my appeal was finally getting through to an actual ESD agent. I was in the same boat - waiting for a decision that was taking forever. After calling ESD over 30 times and getting nowhere, I found this service called Claimyr (claimyr.com) that got me connected to an ESD agent in less than 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with was able to tell me the status of my decision and when I could expect it. Gave me peace of mind rather than checking my mailbox obsessively every day.

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I hadn't heard of that service before. Did the ESD agent actually know anything about the OAH decision timeline? I thought those were separate departments.

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Mei Lin

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The ESD agent was able to see in their system that my decision had been made and was in the process of being mailed. They couldn't tell me the actual outcome, but at least confirmed it was coming. OAH and ESD are separate, but ESD gets notified when decisions are made since they have to implement them.

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this worked for me too! better than sitting around checking mail everyday

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GalacticGuru

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I just went through this exact situation a month ago. The delay actually had NOTHING to do with the strength of my case. What I found out later was that the judge had been out sick for a few days right after my hearing, which pushed everything back. I won my appeal despite the delay, so don't read too much into the timing. One thing to note - even after you get the decision, it takes ESD another 2-3 weeks to actually process the payments if you win. So prepare for more waiting even after you get your decision.

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Thank you for sharing this! It helps to hear from someone who won their appeal. Did you have to submit any additional documentation after you got the decision to get your payments processed?

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GalacticGuru

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No additional documentation was needed after winning. Once OAH notifies ESD of the favorable decision, ESD automatically processes the payments. But I DID have to file all my weekly claims during the waiting period. Make sure you're still filing every week even while waiting for the decision, or you won't get paid for those weeks even if you win!

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Oh crap, I've been filing my weekly claims but I forgot to do my job search activities this week because I was so focused on the hearing outcome. I hope that doesn't mess things up...

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Jamal Wilson

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To directly answer your question about legal advantages: The judge missing their own stated timeline for issuing a decision does not create any legal advantage for your case. OAH judges are given up to 30 days by statute to issue their decisions, regardless of what timeline they mention during the hearing. If you don't receive a decision by day 30 after your hearing, THEN you might have grounds to request administrative review based on procedural delay. But at less than 10 days out, it's completely normal and won't impact the substance of your case in any way. Regarding job search activities - if you win your appeal for a period when you missed job search activities, you'll likely need to request a good cause waiver for the missed activities. Document why you were focused on the hearing (stress, preparation, etc.).

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Thank you for the clear explanation. I'll give it at least another week before I start to really worry then. And I'll make sure to catch up on my job search activities right away.

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Amara Nnamani

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my freind had this happen an the judge forgott to mail the decsion at all!! she had to call OAH after 3 weeks and they were like 'oops' and emailed it to her that same day. mabye try calling them???

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Andre Dupont

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This is actually more common than people realize. OAH has been having staffing issues ever since COVID, and occasionally decisions do fall through the cracks. Definitely worth a call if it's been more than 2 weeks.

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