Washington ESD appeal denied - can I appeal again and how many days do I have?

Thank you! Do I need new evidence or can I use the same stuff I submitted before?

You can submit new evidence, but you'll need to explain why it wasn't available during the first appeal. The Board mainly reviews whether the law was applied correctly rather than re-examining all the facts.

Did you end up winning your second appeal? I'm trying to figure out if it's worth the effort.

I did win, but it took another 3 months. The Board overturned the ALJ decision because they found legal errors in how my case was handled.

I've tried calling Washington ESD so many times but never get through. How does Claimyr work exactly?

It automatically calls and gets you connected to an actual person at Washington ESD. Way better than sitting on hold for hours or getting disconnected.

I used Claimyr last month when my claim was stuck in adjudication. Got through to someone in about 20 minutes instead of spending days trying to call.

How much does it cost to file with the Board of Appeals?

The Board of Appeals filing is free, just like the first appeal. It's only if you go to court that you start paying filing fees and potentially lawyer costs.

They said I was insubordinate and violated company policy, but I have emails showing my supervisor approved what I did. The ALJ seemed to ignore that evidence completely.

That sounds like a potential legal error. The Board looks for things like whether all evidence was properly considered. You should definitely file that second appeal.

It really is stressful. The waiting is the worst part - you need the money but everything takes forever.

The second appeal actually moved faster for me than the first one. The Board of Appeals seems more efficient than the tribunal level.

Do I need a lawyer for the Board of Appeals or can I represent myself like I did for the first appeal?

You can represent yourself, but the Board level is more technical and focused on legal arguments. Some people do hire lawyers at this stage, especially if there's a lot of money involved.

How did you manage to talk to someone at Washington ESD? I can never get through on the phone.

I used that Claimyr service someone mentioned earlier. It was actually pretty easy once I figured out how it worked.

Good point about the date counting. I got the decision 3 days ago so I still have time to get everything together.

I have email chains showing my supervisor knew about and approved my actions. Plus witness statements from coworkers. The ALJ barely mentioned any of it in the decision.

That definitely sounds like they failed to properly consider material evidence. That's exactly the kind of thing the Board looks for.

Thanks for the encouragement. I'm going to file the appeal tomorrow and see what happens.

Yes, I've been keeping up with my weekly claims. Wasn't sure if I should but figured it was better to be safe.

Good call. If you eventually win your appeal, you'll get back pay for all those weeks you were denied.

I'll look for that. Do I submit it online or have to mail it in?

You can do either, but I'd recommend mailing it certified mail so you have proof it was received on time.

I know, right? It's exhausting having to keep fighting for benefits you should have gotten in the first place.

The appeals process exists for a reason though. Sometimes the initial decisions are wrong and people need a way to challenge them.

In my case, it took about 2 weeks after the Board decision to start getting payments. They also issued back pay for all the weeks I had been denied.

That's good to know. At least if I win, I'll get everything I should have gotten all along.

That's helpful advice. I'll focus on how they misapplied the law rather than just arguing about what happened.

Thank you for all the support and advice everyone. I feel a lot more confident about moving forward now.

True. But I'm going to stay optimistic and hope the Board sees what the ALJ missed.