OAH ruled in my favor but employer might file Commissioner Review - how will I know?
I've been on this unemployment roller coaster for months now and just need advice from someone who's been through all these appeal levels. Here's what happened: I got approved for UI benefits initially, then my employer decided to contest it. Six months after I started receiving benefits, we had an OAH hearing. The judge sided with me and affirmed ESD's original decision. Now I'm worried my employer will take it to the next level with a Commissioner Review. The paperwork says they have 30 days to file a petition for review. My question is - how will I know if they actually file? Does ESD notify me somehow? Will it show up in my eServices account? I just want to know when I can finally stop worrying about this hanging over my head. From what I understand, if they do file a Commissioner Review, I won't have to testify again or submit more documents. Has anyone else had their claim go through this many appeal stages? Any insight appreciated!
20 comments


Oliver Alexander
Yes, you'll get a letter in the mail if they file for Commissioner Review. It should also show up in your ESD messages in eServices but mail is the official notification method. I had an employer take it all the way to Commissioner level last year. The waiting is the worst part!
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Kaylee Cook
•Thank you! That's exactly what I needed to know. Did your employer win at the Commissioner level after you won at OAH? I'm starting to feel like this will never end.
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Lara Woods
You'll receive official notification by mail if your employer files a Commissioner's Review. It typically arrives 1-2 weeks after they file. The notice will include the petition filing date, case number, and instructions for submitting a response if you choose to do so. While you don't have to attend another hearing, you do have the right to submit a written response to their petition within 15 days. And yes, it should also appear in your eServices account under the 'Letters and Documents' section, though sometimes there's a delay between mail notification and online updates. If you're concerned, you can also call the Commissioner's Review Office directly at 360-570-5700 to check the status. The good news is that the Commissioner generally defers to OAH decisions unless there was a clear legal error, so if the judge made a thorough ruling in your favor, statistics are on your side.
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Kaylee Cook
•This is extremely helpful, thank you. I didn't realize I could submit a written response - though honestly I'm not sure what more I could add at this point. The OAH judge was very thorough. I'll keep an eye on both my mail and eServices account.
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Adrian Hughes
My company tried to fight my claim all the way to the moon and back lol. Yes youll get a letter but sometimes there SUPER slow about sending them out. I didnt know my employer appealed to commissioner until like 3 weeks after they did it! But I still won in the end so whatevs.
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Kaylee Cook
•That's reassuring to hear you still won! Did you have to do anything once they filed the Commissioner Review?
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Adrian Hughes
Nope I just waited. took like 4 months for them to actually make a decision tho. unemployment system is sloooooow
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Molly Chambers
I went through the EXACT same thing in 2025 with my employer trying to deny my benefits! After I won at OAH, they went to Commissioner Review and I was PANICKING thinking they would take back all my benefits. But here's what happened: 1. I got a letter about 2 weeks after they filed (they wait until the last minute of course) 2. The letter had all their arguments which were basically the same as at OAH 3. I wrote a response even though apparently that's optional 4. Then...nothing for 5 months!!! 5. Finally got determination letter - Commissioner's Office upheld the OAH decision! The waiting is definitely the worst part. I checked my eServices message center like 10 times a day which didn't help lol. Hang in there!
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Kaylee Cook
•5 MONTHS of waiting??? That's insane. I'm glad it worked out for you though. Did you keep receiving benefits during that time or did they stop while the Commissioner was reviewing?
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Molly Chambers
I kept getting benefits the whole time. Once you're approved at the OAH level, they don't usually stop payments unless/until they rule against you at the Commissioner level. Just make sure you keep doing your weekly claims!
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Ian Armstrong
The ESD system is RIGGED against us regular people. They make everything IMPOSSIBLE to understand on purpose!! My employer took me all the way to superior court and I had to hire a lawyer which cost me $4,500!!!! They design the system to exhaust us so we'll just give up. It's a complete JOKE.
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Lara Woods
•While I understand your frustration, what you experienced with a Superior Court case is quite rare and occurs in less than 1% of unemployment cases. The vast majority of disputes end at the Commissioner's Review level, and claimants are not required to hire attorneys at any stage of the process. The system does have challenges, but statistics show that claimants who properly document their cases win about 55% of appeals at the OAH level.
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Eli Butler
If you're having trouble reaching ESD to get updates on your case, I'd recommend using Claimyr. I was in a similar situation and couldn't get through to anyone at ESD to confirm whether my employer had filed for review. Used Claimyr and was connected to an actual ESD agent in about 15 minutes who checked everything for me. Totally worth it for peace of mind. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. Saved me a lot of anxiety during my appeal process.
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Kaylee Cook
•I've never heard of Claimyr before. Does it actually work? I've spent hours trying to get through to ESD on my own with no luck. Their hold times are ridiculous.
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Eli Butler
Yes, it really works. They basically hold your place in line and call you when they get an ESD agent on the phone. I was skeptical too, but after spending 3 days trying to get through myself, I gave it a shot. The agent I spoke with gave me all the info about my case status including confirming my employer hadn't filed a Commissioner Review yet. Definitely less stressful than constantly redialing ESD's number.
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Marcus Patterson
im going threw this right now too. my old boss is being a total jerk about everything. i won at the oah hearing but now he's taking it to commishoner review. i did get a letter in the mail and also message in esd account. the weird thing is your sopposed to get benefits while this happens but mine stoped for 2 weeks then started again???? ESD is so confusing!!!!!
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Kaylee Cook
•That's strange about your benefits stopping then starting again. Did you call to find out why? I'm worried about the same thing happening.
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Marcus Patterson
ya i called like 20 times and finally got threw. they said it was a "system issue" whatevr that means and fixed it. got backpay for the missed weeks but it was super stressful. make sure u check your account every week!
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Oliver Alexander
Just want to say good luck! I remember how stressful this was. One tip that helped me was taking screenshots of EVERYTHING - all notices, all payments, all messages. My employer tried claiming they filed their commissioner review on time when they actually missed the deadline by 2 days. I had proof and that ended the whole thing right there.
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Kaylee Cook
•That's a great tip about taking screenshots. I'll start doing that right away. Thank you!
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