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Liam Duke

Washington ESD denied my unemployment claim - can I reapply if I get denied unemployment?

My initial unemployment claim with Washington ESD got denied last month because they said I quit voluntarily (which isn't true - I was basically forced to leave due to unsafe working conditions). I'm wondering if I can just file a new claim or if I need to go through the appeal process first? I'm really confused about what my options are and I'm running out of savings. Has anyone been through this before?

You can't just file a new claim for the same job separation. You need to appeal the denial first. You have 30 days from the date on your denial letter to file an appeal with Washington ESD. If you miss that deadline, you're pretty much stuck unless you have a really good reason for the delay.

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Thanks for the info. Do you know if the appeal process is complicated? I'm worried about doing it wrong and making things worse.

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It's not too bad. You can appeal online through your SecureAccess Washington account or mail in the appeal form. Just make sure you explain why you disagree with their decision and provide any evidence you have.

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Actually, there are some situations where you might be able to file a new claim even after a denial. If you've worked and earned wages since your original claim, you could potentially file a new claim based on that more recent work. But for your current situation with the job separation, you definitely need to appeal first.

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I haven't worked since then, so I guess appeal is my only option. How long does the appeal process usually take?

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Washington ESD appeals can take anywhere from 4-8 weeks, sometimes longer if they're backlogged. You'll get a hearing scheduled where you can present your case.

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I went through something similar last year. Washington ESD denied my claim initially, but I used Claimyr to get through to an actual person who helped me understand the appeal process better. They have a service where they help you get connected to ESD agents without waiting on hold forever. Check out claimyr.com - they even have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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That sounds helpful! I've been trying to call Washington ESD for weeks but can never get through. Did it actually work for you?

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Yeah, it saved me so much time and frustration. Instead of calling hundreds of times, they handled getting me connected to someone who could actually help with my appeal questions.

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wait so if you get denied you cant just apply again?? i thought you could keep trying until they approve you

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No, that's not how it works. Each job separation can only be the basis for one claim. If you get denied, you have to appeal that decision, not file a new claim.

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oh man that sucks. so what happens if you lose the appeal too?

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If you lose the appeal, you can request a further appeal to the Board of Industrial Insurance Appeals, but that's getting into more complex territory. Most people should win their first appeal if they have a valid case.

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This is EXACTLY what happened to me!! Washington ESD denied my claim saying I quit voluntarily when I was actually laid off due to budget cuts. The whole system is set up to deny people first and ask questions later. It's absolutely ridiculous that we have to fight for benefits we've earned!

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Did you end up appealing? I'm so frustrated with this whole process.

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Yes, I appealed and won, but it took 6 weeks and I had to provide tons of documentation. The hearing officer was fair though, once I explained what actually happened.

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Just to be clear about the timeline - you have 30 days from the mail date of your denial letter to file an appeal. Don't wait until the last minute because if you miss that deadline, it's very hard to get an extension. File online if possible, it's faster than mailing.

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Good point about the deadline. I think I'm still within the 30 days, but I should check the exact date on my letter.

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One thing to know is that if you do appeal and win, Washington ESD will backdate your benefits to when you originally filed. So you won't lose out on those weeks of benefits while you're waiting for the appeal decision.

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That's reassuring to know. I was worried I'd lose all that time.

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yeah but you still have to keep filing your weekly claims during the appeal process or you'll lose those weeks

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For unsafe working conditions, you'll want to gather any documentation you have - emails, photos, witness statements, OSHA complaints if you filed any. The more evidence you can provide that shows you had good cause to leave, the better your chances on appeal.

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I do have some emails where I complained to my supervisor about the safety issues. I should definitely include those.

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Absolutely. Those emails could be key evidence that you tried to address the issues before leaving.

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I'm going through this same thing right now. Filed my appeal two weeks ago and still waiting for a hearing date. The waiting is the worst part when you have bills to pay.

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How did you file your appeal? Online or by mail?

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Online through my SecureAccess Washington account. It was pretty straightforward once I found the right section.

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Another important point - if your appeal is successful, you'll need to restart your weekly claim certifications. Make sure you keep filing those weekly claims even during the appeal process, or you'll create gaps in your claim.

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Wait, I thought I couldn't file weekly claims while denied? This is confusing.

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You should still be able to file weekly claims even with a denied claim, but you won't get paid until/unless the appeal is successful. Check your online account to see if the option is available.

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Has anyone tried calling Washington ESD to get more information about why they were denied? I feel like sometimes there might be missing information that could clear things up without going through a full appeal.

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Good luck getting through to them on the phone. I tried for weeks and never got past the busy signal.

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This is exactly why I mentioned Claimyr earlier. They specialize in helping people get through to Washington ESD when the phones are jammed. Way better than spending hours trying to call yourself.

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For what it's worth, 'unsafe working conditions' is definitely considered good cause for leaving a job under Washington unemployment law. You just need to show that you made reasonable efforts to address the situation before quitting.

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That makes me feel more confident about my case. I definitely tried to get the issues fixed before I left.

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does anyone know if you can have a lawyer for the appeal hearing? or do you have to represent yourself?

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You can have representation, but most people represent themselves. The hearings are designed to be accessible to non-lawyers. You can also have a friend or family member help you present your case.

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I was in a similar situation but with a different issue - they said I was fired for misconduct when I was actually just not a good fit for the role. Won my appeal but it took 7 weeks total. Hang in there, it's worth fighting if you know you're right.

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Thanks for the encouragement. It's good to hear success stories.

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Quick question - if you appeal and lose, do you have to pay back any benefits you might have received during the appeal period?

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No, you don't receive any benefits during the appeal if your initial claim was denied. Benefits only start flowing if you win the appeal, and then they backdate to your original claim date.

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I hate to be the bearer of bad news, but even if you win your appeal, Washington ESD might still find other reasons to deny benefits. They're really strict about everything these days.

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That's discouraging. I hope that doesn't happen to me.

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Don't listen to the doom and gloom. If you have a legitimate case and good documentation, the appeal hearing officers are generally fair.

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One more thing about the appeal process - they'll likely contact your former employer to get their side of the story. Make sure you have your facts straight and can back up your version of events.

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I'm a little worried about what my former employer might say, but I have documentation to support my case.

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Actually used Claimyr myself when I was dealing with an overpayment issue. They helped me get through to someone at Washington ESD who could explain the situation properly. Saved me weeks of frustration trying to figure it out on my own.

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I keep hearing about Claimyr. Sounds like it might be worth trying if I need to talk to someone at ESD about my appeal.

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Just remember that even during the appeal process, you still need to be actively looking for work and keeping track of your job search activities. They'll ask about that during the hearing.

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Good reminder. I've been focusing so much on the appeal that I haven't been keeping good records of my job search.

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To answer your original question directly - no, you can't just reapply if you get denied. You must appeal the denial first. If you win the appeal, your original claim gets approved. If you lose, you'd need to have new qualifying wages from a different job to file a new claim.

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Thanks for the clear summary. I'm going to file my appeal this week while I'm still within the 30-day window.

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Good luck with your appeal! Make sure to include all your documentation about the unsafe working conditions.

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