Second OAH appeal timeline for ESD unemployment denial (review-only, no hearing)

I went through this exact process last year. My second OAH appeal took about 8-9 weeks from filing to decision. The review-only process is actually called a 'Petition for Review' and goes to the Commissioner's Review Office rather than back to OAH. It's basically a higher-level review where they look at the record from your first appeal and your attorney's legal arguments. Since there's no hearing to schedule, you'd think it would be faster, but the backlog is significant. Be prepared to wait at least 2 months.

yeh i got denied twice with them. its all rigged anyway. they dont care about us. just collecitng a paycheck to deny ppl. good luck but dont get ur hopes up lol

The Commissioner's Review Office is currently taking between 8-12 weeks to process second appeals (Petitions for Review). This is longer than normal due to the continued backlog from pandemic claims still working through the system. Make sure your attorney submitted all relevant documentation with the appeal petition - the review is based solely on the written record and legal arguments. They won't accept new evidence that wasn't presented at the first hearing. If your case is particularly complex or involves novel legal arguments, it might take even longer. I recommend following up with the Commissioner's Review Office directly at (360) 570-5700 to check status after about 6 weeks.

Have you tried calling ESD directly to ask? I was in a similar situation back in October and couldn't get anyone on the phone for WEEKS. Super frustrating!!! Then I found this service called Claimyr that got me through to an actual ESD agent in under 15 minutes! They have a demo video at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. The agent I spoke with was actually able to give me a rough timeline for my review and explained exactly what was happening with my case. So much better than just waiting in the dark!

When I went through my second appeal in January, the Commissioner's office told me 10-12 weeks, but I actually got my decision in just over 7 weeks. I think it really depends on how complicated your case is and their current workload. Just a heads up though - even if you win your second appeal, there can be another delay before ESD actually processes the payments. Mine took an additional 3 weeks after winning to actually get the money deposited. So frustrating! Have you applied for hardship expedition? If you're facing eviction or utility shutoff, you can submit documentation of that and potentially get your appeal expedited.

My sister went thru this last year. Her timeline was similar to what others said - about 10 weeks. But OMG the stress of waiting was awful!! She said the worst part was not being able to get updates. Just make sure you have EVERYTHING well organized for your attorney. I think the process is different in every state tho, so maybe WA is faster?

I work in HR and deal with unemployment appeals frequently. Just so you're aware, the second-level appeal success rate is only about 15-20%. The Commissioner typically defers to the Administrative Law Judge's findings unless there's a clear error in how the law was applied. Make sure your attorney is focusing on legal errors rather than just rehashing the same arguments. Also, if you lose the Commissioner's Review, you still have one more option - filing with the Superior Court, though that's even more complex and expensive.

did u kno u can still file weekly claims while waiting for appeal? even if ur getting denied u should keep filing every week so if u win they pay u for all those weeks. i almost messed that up and woulda lost like $6200