OAH hearing for out-of-state disqualification next week - how long will it last and when to expect backpay?
I've got an Office of Administrative Hearings appointment scheduled for next Tuesday. ESD disqualified me because they claim I was out of state and therefore not available for work (I was visiting my sick mother for 2 weeks but was actively applying to jobs remotely the whole time). Has anyone gone through an OAH hearing specifically for the "out of state" issue? How long do these hearings typically run? I'm trying to plan my day around it. Also, if the judge overturns ESD's decision, does anyone know how long it typically takes to receive backpay? I'm owed for 10+ weeks at this point and my savings are completely drained.
16 comments
Yuki Tanaka
I had an OAH hearing last month about a similar issue. My hearing lasted about 45 minutes. The judge asked me questions about my availability to work while I was away, whether I would have been able to return for an interview, and if I continued my job search activities. Make sure you have documentation showing you were applying for jobs during that period! Also, bring any evidence that shows you could have returned quickly for an interview if needed. As for backpay - mine took about 3 weeks after the judge's decision to actually hit my account. The judge made the decision at the end of my hearing, but ESD takes time to process everything after receiving the official order.
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NeonNova
•Thank you for sharing your experience! Did you have an attorney or just represented yourself? I've been documenting everything, including all the job applications I submitted while I was away, and I had my laptop with me the whole time. I even did a Zoom interview while at my mom's place. Hopefully that's enough evidence.
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Carmen Diaz
I went through this EXACT situation in January!! They cut me off claiming I wasnt available for work because I went to help my brother move for 10 days. My hearing lasted over an HOUR because the ESD rep kept trying to trip me up with weird questions. MAKE SURE you have screenshots of your job search logs from that time!!! The judge overturned it for me but only because I could prove I was still searching. As for backpay, its been over a month and I still havent gotten all of mine!!! They paid 6 weeks right away but the rest is still "processing" whatever that means!!!
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NeonNova
•Oh no, that's frustrating about your backpay still being partially held up! I'll definitely have my job search documentation ready. Did they record your hearing? They told me mine would be recorded.
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Andre Laurent
I've sat through dozens of these hearings (former ESD employee). Some important things to know: 1. Hearings typically last 30-60 minutes depending on complexity 2. Being physically out of state isn't automatically disqualifying - the key is proving you were "able and available" for work 3. Bring evidence of: job applications submitted during that period, any interviews you participated in remotely, and documentation showing you could have returned for in-person interviews if needed 4. Be prepared to explain why you were out of state and how you maintained your job search requirements 5. Backpay processing time varies but typically takes 2-4 weeks after a favorable decision The judge will likely ask about your work search activities and how quickly you could have returned for an in-person interview. Stay calm and answer honestly.
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NeonNova
•This is extremely helpful, thank you! I can definitely prove I was available - I had my laptop and was conducting my job search daily. I even have emails showing I told potential employers I could return for in-person interviews with 48 hours notice if needed.
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Emily Jackson
I had a similar situation but didn't bother with the hearing and just gave up... regretting that now after reading these comments. Sounds like people actually win these things!
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Andre Laurent
•You can actually still appeal! There's a process for late appeals if you have good cause for missing the deadline. Might be worth looking into depending on how long it's been.
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Liam Mendez
Been through 2 OAH hearings myself. Piece of advice nobody told me: TAKE NOTES during the hearing!!! The judge talks fast and covers lots of details. Write everything down so you dont miss anything important. Also after they make the decision it took forEVER to get my payments. I had to call like 50 times and finally got through to someone who fixed it. The system is so broken!
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Sophia Nguyen
•If you're having trouble getting through to ESD by phone, I highly recommend trying Claimyr. It's a service that helps you bypass the phone queue and actually get through to an ESD agent who can help with your claim. Saved me hours of frustration when I was trying to resolve my backpay issues. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 or just check out claimyr.com. They got me connected to an actual person at ESD in about 15 minutes after I'd been trying for days on my own.
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Jacob Smithson
My hearing last year was for a totally different reason but I can tell you they are super FORMAL and intimidating! The judge talked alot about "burden of proof" and stuff. Just be prepared for it to feel very court-like even tho its just on the phone. Mine took almost exactly 45 min.
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NeonNova
•That's good to know - I'll make sure to be prepared and professional. Did you dress up even though it was on the phone? I know that sounds silly but I want to be in the right mindset.
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Carmen Diaz
BTW i fogot to mention... make absolutely SURE you call in 5-10 minutes early for your hearing!!! My judge was super strict about timing and actually noted in the record that I was "punctual" which I think helped my case lol. Also don't interrupt the judge EVER even if they say something wrong just wait your turn to speak!!!
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NeonNova
•I'll definitely call in early! Good advice about not interrupting - I'll make sure to wait my turn no matter what.
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Yuki Tanaka
One more tip - if the judge rules in your favor during the hearing, ask them specifically when you can expect the decision to be finalized and sent to ESD. Then mark your calendar for about 2 weeks after that date, and if you haven't seen movement on your claim by then, that's when you should contact ESD directly. Often the decision gets made but sits in someone's queue at ESD for processing.
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NeonNova
•Thanks for this advice! I'll definitely ask about the timeline during the hearing. I'm trying to stay positive that I'll win my case since I really was available for work the entire time I was away.
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