OAH hearing tomorrow for SharedWork overpayment - need urgent advice on requesting continuance

Yes, you can absolutely request a continuance at the beginning of the hearing. The judge (technically called the Administrative Law Judge or ALJ) will start by explaining the purpose of the hearing and asking if there are any preliminary matters to discuss - that's when you speak up. Explain that you received late notice, need more time to gather evidence, and if possible would like to seek legal representation. Be polite but firm. Make sure your husband explains that this is a repeated issue that ESD has incorrectly claimed multiple times before, which strengthens your case for needing preparation time. I went through something similar with a SharedWork overpayment case last year and was granted a 3-week continuance when I asked.

Definitely request that continuance! I had an appeal hearing in January about a supposed overpayment from the SharedWork program and it was a NIGHTMARE because I wasn't prepared. The ALJ was asking for specific dates and payment amounts from 2021 that I didn't have in front of me. When requesting your continuance, mention that the issues are complex, involve multiple historical overpayment claims, and require documentation from previous years. Also mention the late notice specifically - 12 days is not much time to prepare properly, especially with work schedules. Have you tried Claimyr to reach ESD directly before the hearing? I used them (claimyr.com) when I was in a similar situation - they got me through to an actual ESD agent who explained exactly what documentation I needed for my hearing. Saved me so much stress! They have a video that explains how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3

ask 4 the continuance right away!! dont let them start the actual hearing. my boyfriend didnt ask soon enough and the judge said it was 2 late and made him continue even tho he wasnt prepared at all. its ur RIGHT to have time to prepare ur case. tell them u need to gather evidence and didnt have enough notice!!

SharedWork overpayments are THE WORST! ESD has claimed I was overpaid 5 times and I've had to appeal every single time. It's like they don't understand their own program! Definitely get that continuance and make sure you have ALL your documentation ready when you go back - timesheets, pay stubs, any communications from your employer about reduced hours, EVERYTHING. ESD will try to say you worked more hours than allowed under SharedWork even if you didn't.

Attorney here. You have very good grounds for a continuance. OAH's own guidelines state that parties should have adequate time to prepare, and you can cite WAC 192-04-170 which covers the postponement of hearings. Make sure to emphasize: 1) The notice arrived only 12 days before the hearing 2) Your husband's work schedule prevented proper preparation 3) This is a complex case involving multiple alleged overpayment determinations spanning several years 4) You have evidence from previous cases that contradicts ESD's claims 5) You need time to potentially secure legal representation Be clear, concise, and respectful. Have your husband ready to explain why it would be prejudicial to his case to proceed without adequate preparation. Most ALJs will grant a first continuance request when there are legitimate reasons like yours.

gotta watch out cuz sometime they say its a untimely appeal when really the notice got sent to wrong address or they sent it late! happened to me and i almost got stuck with a $5200 bill!!!! check the postmark on the envelope if u still have it, that saved my case

Ugh, I feel your pain! I've been through THREE OAH hearings for SharedWork issues and they're so incredibly frustrating. The system is clearly broken if they keep making the same mistakes over and over. When you get your continuance (and you should definitely request one), make sure you're super organized for the rescheduled hearing. Create a timeline of all benefits received, all communications with ESD, all previous overpayment claims and resolutions. The ALJs appreciate organization. And remember, you can submit additional evidence up to the day before your rescheduled hearing date - take advantage of that!

I requested a continuance in my hearing last month and it was granted with no issues. The key is to be respectful but firm about needing more time. Make sure you clearly explain that this is a repeated issue where ESD has been proven wrong before - this isn't just about needing more time, but about a pattern of incorrect determinations that requires careful preparation to address. The ALJ should understand that, especially with the SharedWork program which has been plagued with administrative issues since it expanded during COVID.

did u check if theres legal aid that can help?? sometimes theres free lawyers for unemployment stuff but u gotta apply quick!!!

When you get your continuance (and I'm confident you will), the first thing you should do is request all records ESD has about your case through a records request. This will show you exactly what they're basing their overpayment determination on. For SharedWork specifically, make sure you get copies of all the employer certifications and your weekly claim records. The most common issue I've seen is that ESD's system doesn't properly record the reduced hours under SharedWork and then incorrectly flags it as an overpayment. Having those records will be crucial for your case.