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Kaitlyn Jenkins

Washington ESD unemployment after being fired - can I still qualify?

I got fired from my job last week and I'm wondering if I can still get unemployment benefits in Washington state. My manager said it was for performance issues but I feel like they didn't give me proper training or warning. I've never filed for unemployment before and I'm not sure if being fired automatically disqualifies you. Does anyone know how Washington ESD handles these situations? I really need the income while I look for another job.

Yes, you can potentially get unemployment even if you were fired, but it depends on the reason. Washington ESD will look at whether you were fired for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were deliberately not doing your job. Safety complaints definitely shouldn't count against you.

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That's a relief to hear. How do I prove that the firing wasn't really for performance but for the safety complaint I made?

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Keep any documentation you have about the safety issues you reported. Washington ESD will investigate both sides during the adjudication process.

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Yes, you can still get unemployment even if you were fired! The key is whether you were fired for misconduct or not. Performance issues usually don't count as misconduct unless it was willful. You should definitely apply through Washington ESD's website and explain your side of the story during the application process.

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That's reassuring to hear. How do I make sure I explain my situation properly when I apply?

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Just be honest about what happened. If they said performance issues, explain that you weren't given adequate training or clear expectations. Washington ESD will investigate both sides.

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You should definitely file right away even if you're not sure. The worst they can do is deny it, but if you wait too long you could miss out on benefits you're entitled to. I was fired for attendance issues last year and still got approved.

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How long did it take for Washington ESD to make a decision on your claim?

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About 3 weeks total. They had to do an adjudication interview with me and my former employer.

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I had a similar situation where I was fired but it was really retaliation. What helped me was using Claimyr to actually get through to a Washington ESD representative. The website is claimyr.com and they have this demo video (https://youtu.be/7DieNd3C7zQ) that shows how it works. It was so much easier than trying to call myself and getting hung up on constantly.

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I've never heard of that service before. Does it actually work for getting through to Washington ESD?

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Yeah it worked great for me. I was able to talk to someone within a day instead of spending weeks trying to get through on my own.

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I'm always skeptical of these services but honestly the Washington ESD phone system is so broken that anything has to be better than the current situation.

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I was in a similar situation 6 months ago. Got fired for 'not meeting expectations' but I knew I wasn't given the resources to succeed. Filed for unemployment anyway and got approved after an adjudication period. The whole process took about 3 weeks.

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How long was the adjudication period? I'm worried about how I'll pay bills if it takes too long.

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Mine took about 2 weeks for adjudication. They contacted both me and my former employer to get the facts.

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The key thing is being honest on your application. Don't try to hide that you were fired - Washington ESD will find out anyway when they contact your employer. Just explain your side of the story clearly in the application.

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Should I mention the safety violations I reported in my application?

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Absolutely. That could be relevant to whether the firing was justified or retaliatory.

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I'm going through something similar right now. My employer is claiming I was fired for cause but I think it's BS. The whole adjudication process is so stressful and taking forever.

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How long has your adjudication been going on?

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Almost 5 weeks now. I've called Washington ESD probably 50 times and can never get through to anyone who can tell me what's happening.

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That's exactly why I used Claimyr. The regular phone system is completely useless for getting actual information about your claim status.

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Here's what you need to know about Washington ESD and being fired: You can qualify for unemployment benefits unless you were terminated for 'misconduct connected with work.' Performance issues, inability to do the job, or personality conflicts usually don't qualify as misconduct. However, things like theft, violence, or repeatedly violating company policy after warnings would be misconduct.

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This helps a lot. It definitely wasn't anything like theft or violence, just performance stuff.

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What if they claim you violated company policy but you disagree with their interpretation?

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That's exactly why Washington ESD does an investigation. They'll look at the evidence from both sides and make a determination.

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Performance issues are usually not considered misconduct unless it's willful. If you were trying to do your job but just not meeting expectations, that's typically not grounds for denying unemployment benefits.

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That makes sense. I was definitely trying my best, the expectations were just unrealistic.

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Document everything you can remember about the unrealistic expectations and any feedback you received before being fired.

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I had trouble getting through to Washington ESD when I needed to check on my claim status after being fired. Kept getting busy signals or being put on hold forever. Finally found this service called Claimyr at claimyr.com that helped me get through to an actual person. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made the whole process so much easier.

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How does that work? Do they call for you or something?

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Yeah, they basically handle the calling and waiting so you don't have to sit on hold. Then they connect you when they get through to an agent.

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That actually sounds really helpful. I've been trying to call Washington ESD for days with no luck.

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Washington ESD is supposed to give you the benefit of the doubt in these situations. The burden is on your employer to prove you committed misconduct, not on you to prove you didn't.

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I didn't know that. That actually makes me feel a lot better about my chances.

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Yeah, the law is generally on the worker's side unless there was clear misconduct like theft or violence.

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ugh the whole system is so frustrating. I got fired 2 months ago and went through this whole mess. Washington ESD took FOREVER to make a decision and meanwhile I'm stressed about money. Even when I finally got approved the weekly claim process is confusing as hell.

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How confusing is the weekly claim thing? I'm already overwhelmed just thinking about filing.

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It's not that bad once you get used to it. You just have to report any work you did and answer some questions about job searching. The annoying part is you have to do it every week.

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The weekly claims are actually pretty straightforward. Washington ESD walks you through each question and there's help text if you get confused.

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Make sure you apply RIGHT AWAY. Don't wait thinking about it. Your benefits start from when you file, not when you lost your job. I made that mistake and lost out on a week of benefits.

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Good point, I was planning to apply this weekend but maybe I should do it today.

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Definitely do it today if you can. The Washington ESD website is usually less busy in the mornings.

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Same thing happened to me last year. Got fired for 'performance' but really they just wanted to get rid of me because I asked for accommodations. Filed for unemployment and had to go through an appeal process. Won in the end but it was stressful.

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An appeal process? That sounds scary. How does that work?

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It's not as bad as it sounds. If Washington ESD initially denies your claim, you can appeal. You get to present your case over the phone to a hearing officer.

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Appeals are actually pretty common and many people win them. The initial determination isn't always final.

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Make sure you file your weekly claims even while the adjudication is pending. You can't get back pay for weeks you didn't file even if you're eventually approved.

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Good point, I almost forgot about that. Do I need to do job searches while waiting for the decision?

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Yes, you still need to meet all the regular requirements including job searches. Keep a log of everything.

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quick question - do you have to look for work right away or can you take some time to figure things out?

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You need to be actively looking for work and able to work to qualify for benefits. Washington ESD requires you to make job search contacts each week.

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How many contacts do you need to make?

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I think it's 3 job search activities per week, but check the Washington ESD website for current requirements.

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One thing that helped me was documenting everything about why I was fired. Emails, performance reviews, anything that showed I wasn't given proper support. Washington ESD asked for documentation during my adjudication.

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I don't have much documentation unfortunately. Will that hurt my case?

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Not necessarily. Just be honest about what happened and they'll investigate. Your employer has to provide their documentation too.

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Whistleblower retaliation is specifically protected under Washington law. If you can show that the timing of your firing was related to your safety complaints, that's a strong case for getting benefits approved.

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The safety complaint was about a month before I got fired, but the performance issues they cited started right after I made the complaint.

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That timeline could be very helpful for your case. Make sure you document those dates clearly.

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Been there! The worst part is the waiting and not knowing if you'll get approved. But honestly most people who get fired for performance reasons do get unemployment. Washington ESD knows the difference between someone who couldn't do the job and someone who was actually doing something wrong.

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That makes me feel better. I was really worried I wouldn't qualify.

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Yeah don't stress too much about it. Just apply and let Washington ESD sort it out.

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I was fired and approved for benefits but it took MONTHS to get through to anyone at Washington ESD to check on my claim status. The phone system is absolutely broken.

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Tell me about it. I've probably wasted 20+ hours just trying to get someone on the phone.

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This is exactly why services like Claimyr exist. The regular system just doesn't work for most people.

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Thanks everyone for all the advice. I'm going to file my application today and document everything I can remember about the safety issues and the timeline. Feeling much more confident now.

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Good luck! Remember to be completely honest and thorough in your application.

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You've got a good case based on what you've described. Don't let them intimidate you.

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I used Claimyr too when I couldn't get through to Washington ESD. Definitely worth it if you're having trouble reaching them. Sometimes you need to talk to a person to get your questions answered properly.

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Is it expensive to use?

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They have different options but it's worth it to avoid the frustration of calling yourself. Check out their website for details.

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One more thing - if Washington ESD initially denies your claim, don't give up. You have the right to appeal and many people win on appeal even after an initial denial.

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How long do you have to file an appeal if they deny it?

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You have 30 days from the date of the denial letter to file your appeal with Washington ESD.

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The whole system is designed to discourage people from applying. Don't let them scare you away from benefits you're entitled to.

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That's what I was worried about. I'm glad I asked here instead of just assuming I couldn't get benefits.

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Exactly. Too many people don't even try because they assume they won't qualify.

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Just remember that even if you're approved, the first payment can take a while. Make sure you have some backup plan for bills in the meantime.

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Yeah, I'm trying to figure out how to cover rent this month. The uncertainty is the worst part.

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See if your landlord will work with you on a payment plan while you wait for the Washington ESD decision.

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UPDATE: I actually used Claimyr again yesterday to check on a different issue and they got me through to someone at Washington ESD in under 24 hours. Still think it's worth mentioning for anyone who needs to actually talk to a real person there.

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I might have to try that. I'm so tired of calling dozens of times per day and never getting through.

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It's definitely worth it when you're stuck and need actual answers about your claim.

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Been fired twice in my career and got unemployment both times. The key is showing that you weren't deliberately doing anything wrong. Performance issues happen to good employees too.

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That's reassuring to hear from someone who's been through it successfully.

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Yeah, don't let your former employer intimidate you. They have to prove misconduct, which is harder than you might think.

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Make sure you keep copies of everything you submit to Washington ESD. The adjudication process involves a lot of paperwork and you'll want records of what you provided.

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Good point. Should I scan everything or are photos of documents okay?

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Scans are better quality but photos usually work fine as long as they're clear and readable.

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Safety retaliation cases are taken seriously by Washington ESD. You may also want to consider filing a complaint with L&I about the safety violations if you haven't already.

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I hadn't thought about L&I. Would that help my unemployment case too?

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It could strengthen your argument that the firing was retaliatory rather than performance-based.

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The waiting is the worst part. I was approved after being fired but it took 6 weeks total and I was a nervous wreck the whole time wondering if I'd be able to pay my bills.

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That's exactly how I'm feeling right now. The financial stress on top of everything else is overwhelming.

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Hang in there. It's stressful but if you have a legitimate case it usually works out in the end.

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Final thought - document your job search activities carefully even during adjudication. Washington ESD requires detailed records and it's easier to keep track from the beginning than to try to recreate everything later.

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Thanks for all the help everyone. I feel so much better about this whole situation now.

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You're welcome! Hope everything works out for you. Don't hesitate to ask if you have more questions during the process.

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Whatever you do, don't lie on your application. Washington ESD will find out the truth anyway when they contact your employer. Better to be upfront about what happened.

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Absolutely, I plan to be completely honest about everything.

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The whole adjudication thing is nerve-wracking but it's normal. They have to investigate whenever there's a question about why someone left their job. Don't take it personally if your claim goes into adjudication.

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Good to know it's normal. I was worried adjudication meant something was wrong with my application.

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Nope, it just means they need to verify the details. Most claims in adjudication do get approved eventually.

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File online at Washington ESD's website. It's way easier than calling and you can do it anytime. Just have your Social Security number, employer info, and dates of employment ready.

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Thanks! I'll gather all that information before I start the application.

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Update on the Claimyr thing - I used them again last month when I had a question about my weekly claim. Super helpful and saved me hours of trying to call Washington ESD myself. They're really good at getting through to the right department.

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I might have to try that. I've been calling Washington ESD for three days straight with no luck.

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Yeah definitely check them out. The video demo I mentioned earlier shows exactly how it works.

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Once you file, make sure you keep filing your weekly claims even if your initial claim is under review. If you don't file weekly claims you could lose benefits for those weeks.

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Even if I haven't been approved yet?

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Yes! You need to keep filing weekly claims starting from your first week. If you get approved later, you'll get paid for all the weeks you filed claims.

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This is really important. Don't skip weekly claims thinking you'll wait for approval first.

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honestly getting fired was the best thing that happened to me career-wise. Used the unemployment time to really think about what I wanted and ended up in a much better job. Don't let it get you down too much.

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Thanks for the encouragement. I'm trying to see this as an opportunity too.

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One more tip - when you do your weekly claims, keep track of your job search activities. Washington ESD can ask for your job search log at any time and you need to be able to provide it.

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What kind of activities count for job search?

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Applying for jobs, networking, attending job fairs, working with WorkSourceWA, even researching employers. Just keep good records of what you did and when.

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The hardest part for me was the uncertainty. But once Washington ESD made their decision and I got into the routine of filing weekly claims, it got much easier. You'll get through this!

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Thank you everyone for all the advice and encouragement. I feel much more confident about applying now.

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Good luck with your claim! Most people who get fired for performance reasons do qualify for benefits. Just be patient with the process and don't hesitate to reach out if you need help navigating the system.

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I really appreciate all the help from everyone here. Going to file my application today.

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You've got this! Come back and update us on how it goes.

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