OAH review timeline for medical absence denial - need advice!
Anyone know how long the Office of Administrative Hearings (OAH) typically takes to review a denied unemployment claim? My claim was denied because I missed several shifts, but it was entirely for documented medical reasons. I have doctor's notes, hospital discharge papers, and even submitted FMLA paperwork to my employer at the time, but ESD still disqualified me saying I 'voluntarily left work.' I filed an appeal with OAH about 3 weeks ago and haven't heard anything except an automated email saying they received my appeal. Starting to get worried as my savings are nearly depleted. Has anyone gone through this process recently? Any advice on how to prepare for the hearing or what to expect would be so helpful!
22 comments
Rachel Tao
The OAH process typically takes 4-6 weeks before you'll get a scheduled hearing date, then another 2-3 weeks before the actual hearing. So you're looking at approximately 2 months total from appeal filing to hearing. For medical-related appeals, make sure you have all your documentation organized chronologically. The judge will want to see that you 1) had genuine medical issues, 2) properly notified your employer, and 3) the separation wasn't your fault. Also important: if you haven't already, submit all your medical documentation to OAH directly - don't assume they have what you sent to ESD previously.
0 coins
Sayid Hassan
•Thank you so much for this info! Do you know if I should continue filing weekly claims during this whole appeal process? My ESD account still lets me file them, but since I'm currently denied, I wasn't sure if there's any point.
0 coins
Derek Olson
i had my oah hearing last month! took forEVER to get scheduled like almost 7 weeks from when i first appealed. but get this - the actual hearing only took like 20 minutes! the judge was super nice and actually overturned my denial right there on the spot. just be super organized with ur paperwork!
0 coins
Sayid Hassan
•That's really encouraging to hear! Did you have a lawyer or did you represent yourself? I'm worried about saying the wrong thing and messing up my case.
0 coins
Derek Olson
•did it myself! just practiced what i was gonna say like 100 times lol. just stick to the facts and dont get emotional (i almost did and had to take a deep breath). the judge mostly just wanted the timeline of events and to see my doctors notes
0 coins
Danielle Mays
The system is completely BROKEN. I waited NINE WEEKS for my OAH hearing and guess what? The judge ruled against me even though I had perfect documentation for my case. Then they said I owed $5,800 in overpayment!!! It's a complete joke. ESD just automatically denies medical-related cases hoping people will give up and not appeal. The whole thing is rigged against workers who get sick. Good luck but don't count on fairness.
0 coins
Rachel Tao
•While frustrating situations definitely happen, most OAH judges are actually quite fair when presented with proper documentation. Medical cases can be complex, but I've seen many overturned on appeal when the claimant properly shows they followed all notification procedures with their employer and have solid medical documentation. Each case is different.
0 coins
Danielle Mays
•Maybe YOU had a good experience but talk to anyone who's gone through this recently and they'll tell you the same thing I am. The system is designed to exhaust you until you give up. I know at least 3 other people with legitimate medical issues who all got denied. It's not a coincidence.
0 coins
Roger Romero
Absolutely keep filing your weekly claims during the appeal! This is super important - if you win your appeal, they can only pay you for weeks you properly claimed, even if you were eligible. Missing weekly claims during appeal = permanently losing those payments if you win. I made this mistake and lost out on about $2,000 worth of payments I could never get back.
0 coins
Sayid Hassan
•Oh wow, I had no idea! Thank you so much for this tip - I'll make sure to keep filing every week even though it feels futile right now.
0 coins
Anna Kerber
I've been through this exact situation! Was denied because I needed emergency surgery and missed 2 weeks of work, even though I had documentation. The key thing that helped me win my appeal was having a clear timeline showing I communicated with my employer throughout the process. Make sure you can prove WHEN you notified them of your medical situation. Also, I was going crazy trying to reach ESD to see if they could expedite my hearing due to financial hardship. Kept getting disconnected or waiting for hours. Finally found this service called Claimyr that got me through to an ESD agent in about 20 minutes (claimyr.com). They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent was able to tell me my hearing status and what additional documents I should prepare. Made a huge difference in my stress level while waiting.
0 coins
Sayid Hassan
•This is extremely helpful - thank you! I've been trying to reach someone at ESD for additional information about my appeal, but I keep getting disconnected too. I'll check out that service because I definitely have more questions about what documents I should be preparing specifically.
0 coins
Niko Ramsey
•does that service actually work? seems sketchy that you have to pay just to talk to unemployment when its supposed to be a free government service
0 coins
Anna Kerber
•It's not an official ESD service - it's a private company that figured out how to navigate the phone system efficiently. I was skeptical too but was desperate after trying for 3 days straight to get through on my own. It worked exactly as advertised - saved me hours of frustration and helped me prepare better for my hearing.
0 coins
Seraphina Delan
What kind of medical documentation do you have exactly? This matters a lot. For OAH, you need specific types of documentation that clearly shows 1) you had a legitimate medical condition, 2) the condition prevented you from working those specific shifts, and 3) you properly informed your employer according to their attendance policy. While you're waiting (which can take 6-8 weeks unfortunately), make sure you gather: - Doctor's notes with specific dates you couldn't work - Any hospital records with admission/discharge dates - Copies of communication with your employer (emails, texts) - Copy of your employer's attendance policy - Witness information if anyone can verify you notified management You'll get better results if you're super organized and have everything labeled clearly. The judges appreciate when you make their job easier.
0 coins
Sayid Hassan
•This is incredibly helpful - thank you! I have doctor's notes and hospital discharge papers, plus emails to my manager. I didn't think about the attendance policy though - that's a great point. I'll get a copy of that right away. Would text messages to my supervisor count as proper notification?
0 coins
Seraphina Delan
•Yes, text messages can absolutely count as evidence of notification! Take screenshots of those texts (make sure the date/time stamps are visible) and include them in your documentation. The more evidence you have of following proper procedures, the stronger your case will be. Print everything out and have it organized - don't just rely on pulling it up on your phone during the hearing.
0 coins
Jabari-Jo
My nephew went through something sort of similar last year but it was for a different reason than medical, his car broke down and he couldn't get to work for a few days and they fired him. But anyway his OAH hearing was scheduled after about 5 weeks and then it was another 3 weeks until the actual hearing happened. He ended up losing his case though because they said transportation issues aren't a qualifying reason. But medical issues are totally different so you should be fine I would think especially if you have all the documentation like you said.
0 coins
Rachel Tao
•You're right that medical issues and transportation issues are treated very differently under unemployment law. Medical issues with proper documentation can qualify as good cause for missing work, while transportation problems generally don't unless there were truly extraordinary circumstances beyond normal car troubles.
0 coins
Niko Ramsey
anybody else feel like the whole system is designed to frustrate us into giving up? like why should it take 2+ months to get a hearing for something this straightforward? not everyone can wait that long without income
0 coins
Danielle Mays
•EXACTLY!!! That's what I've been saying. The entire system is RIGGED against workers. They WANT you to give up so they don't have to pay you what you're legally entitled to. It's all about saving money for the state, not helping people who paid into the system. It's disgusting.
0 coins
Rachel Tao
•There's definitely room for improvement in the system, but the delays are often due to the sheer volume of cases. OAH processes appeals for many state agencies, not just ESD. While it doesn't help your immediate situation, many appeals are successful - about 30-40% of denials get overturned when appealed, which shows the system does work, albeit slowly.
0 coins