Submitted 'review after appeal' for denied ESD claim - typical wait times?
After filing my appeal for a denied unemployment claim, my appeal was also denied by the Administrative Law Judge. I decided to submit the 'review after appeal' to the Commissioner's office (I think that's the final step?) but haven't heard anything back yet. It's been about 3 weeks since I submitted all the paperwork. Does anyone know how long these reviews typically take? The ESD website is super vague about timelines. My bills are piling up, and I'm trying to figure out if I should just give up and find another solution or keep waiting. My former employer (retail management) is fighting this claim hard because they're claiming misconduct, but I was honestly let go because I couldn't work the new overnight schedule they suddenly required. Anyone been through this final review stage before?
18 comments


Mateo Martinez
When I went through this process last year, the Commissioner's Review took about 6-8 weeks. Unfortunately, it's one of the slowest parts of the appeal process. The Commissioner has to review all the evidence and testimony from your ALJ hearing, plus any new information you submitted with your review request. Make sure you've submitted everything possible to support your case about the schedule change being the real reason for separation rather than misconduct. Did your employer give you proper notice about the schedule change? Was there any documentation showing you couldn't work those hours due to legitimate reasons?
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Nia Davis
•6-8 WEEKS??? Omg I'm screwed. I had no idea it would take that long. I definitely submitted everything I could find - emails about the schedule change (only 4 days notice), doctor's note saying I shouldn't work overnight hours due to my medication schedule, even texts with my manager where he basically admitted the schedule change was designed to push out senior staff to hire cheaper employees. I guess I just wait and hope for the best...
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QuantumQueen
my freind had the same thing happen and it took like 11 weeks to hear back. ESD is the WORST. they always side with employers anyway 🙄
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Nia Davis
•11 weeks is insane! Did your friend end up winning their case at least? I'm starting to wonder if it's even worth the wait.
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QuantumQueen
•nope they lost. waste of time tbh
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Aisha Rahman
I went through this in January. My review after appeal took 9 weeks exactly and I DID win after initially losing my appeal with the ALJ. Don't give up hope! The Commissioner's office sometimes overturns decisions, especially in cases with schedule changes that weren't reasonable. The most FRUSTRATING thing is you can't get ANY updates during the wait. I tried calling ESD about 50 times over those 9 weeks and never got through to anyone who could tell me anything about the status. It's like your case just disappears into a black hole and then one day the decision magically appears in your mail. The system is BROKEN and seems designed to make people give up!!!
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Ethan Wilson
•This is accurate. The Commissioner's Review is completely separate from regular ESD operations, and frontline agents have no visibility into the status of these reviews. The statute actually allows up to 60 days for the Commissioner to issue a decision, though they sometimes take longer in complex cases. One thing to note: if the Commissioner's Review doesn't go your way, you still have one final option - you can appeal to Superior Court within 30 days of the Commissioner's decision. That's a more complex legal process, however, and you might want to consult with an attorney if you reach that point.
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Yuki Sato
Have you tried calling ESD to check on your status? I know it's nearly impossible to get through, but I finally reached someone after using this service called Claimyr (claimyr.com). They basically hold your place in line and call you when an agent is available. Saved me hours of frustration when I was dealing with my adjudication issues. There's a demo video here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 At least then you could ask about typical timeframes for commissioner reviews and maybe get some actual information instead of just waiting in the dark.
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Nia Davis
•I hadn't heard of this service before. I'll check it out - at this point I'm desperate for any information. Even just knowing a timeframe would help me plan financially.
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Carmen Flores
•i tried calling like 20 times last month and kept getting hung up on. hate esd so much
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Andre Dubois
sounds to me like your employer broke labor laws with the sudden schedule change. have you contacted L&I about this? might be a seperate issue you can pursue while waiting for unemployment to get thier act together just saying
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Nia Davis
•Hmm, I hadn't thought about approaching it from that angle. I was so focused on the unemployment appeal I didn't consider other options. Good idea!
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Ethan Wilson
To directly answer your question: The Commissioner's Review typically takes 6-10 weeks. This is because: 1. The entire case file and hearing transcript must be reviewed 2. Any new evidence submitted must be evaluated 3. Legal precedents must be researched 4. The written decision must be carefully drafted Regarding your specific situation, schedule changes can be tricky. The key question is whether refusing the new schedule constitutes misconduct under ESD regulations. Generally speaking, if the employer substantially changes your working conditions (like switching from day to overnight shifts) without proper notice, and you have legitimate reasons why you cannot accommodate the change (medical requirements, childcare, etc.), this could support your case. Document everything thoroughly and make sure all your evidence is properly submitted. If your employer truly admitted the schedule change was designed to push out senior staff, that documentation could be pivotal in your case.
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Nia Davis
•Thank you for breaking it down. I did submit all the documentation I mentioned in other comments, including the texts where my manager basically admitted what they were doing. I guess I just have to be patient, but it's so hard when bills are due now and the decision is months away potentially.
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Mateo Martinez
Since you're in a financial bind while waiting, have you looked into: 1. Requesting hardship assistance through DSHS? 2. Applying for temporary assistance programs like TANF if you have children? 3. Food benefits through Basic Food/SNAP? 4. Local community emergency assistance funds? Many people don't realize there are bridge programs designed to help during gaps like this. While they won't replace full unemployment benefits, they can help keep you afloat during the waiting period.
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Nia Davis
•I've applied for food benefits already but wasn't aware of some of these other options. I'll look into them right away. Thank you!
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Aisha Rahman
THE MOST INFURIATING THING about this whole process is how they expect people to survive for MONTHS with no income while they take their sweet time making decisions!!! The system is DELIBERATELY slow to force people to give up and take any terrible job they can find. It's not right!!! And for everyone saying "just call ESD" - HAHAHA! What a joke. It's easier to get tickets to Taylor Swift than to talk to an actual human at ESD. I spent entire DAYS hitting redial.
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Carmen Flores
•this! my phone bill was crazy from all the calls that went nowhere lol
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