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Aisha Mohammed

Washington ESD unemployment appeal hearing - what to expect at the actual hearing?

I got disqualified from my UI benefits and filed an appeal with Washington ESD. Now I have a notice for a telephone hearing in 2 weeks but I have no idea what to expect. This is my first time dealing with an appeal hearing. Do I need a lawyer? What kind of questions will they ask? How long does the hearing usually take? I'm really nervous about this whole process and don't want to mess it up since I really need these benefits.

I went through this same process last year. The hearing is usually conducted by phone with an Administrative Law Judge (ALJ). You don't need a lawyer but you can have one if you want. The judge will ask you to explain your side of the story about why you should get benefits. Make sure you have all your documentation ready - any emails, texts, or papers that support your case.

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How long did your hearing take? And did you win your appeal?

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Mine lasted about 45 minutes. Yes I won - the key was having documentation to back up everything I said.

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Been through this twice unfortunately. The hearing is pretty informal but you need to be prepared. They'll ask about the circumstances of your job separation or whatever the issue is. Be honest and stick to the facts. Don't ramble or get emotional even if you're frustrated.

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What happens if the employer doesn't show up to the hearing?

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If they don't participate, the hearing goes on without them. That usually works in your favor since they can't present their side.

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The hardest part for me was actually getting through to Washington ESD to prepare for my hearing. I needed to clarify some details in my file but couldn't reach anyone for weeks. Finally used Claimyr to get connected to an agent who helped me understand what documents I needed. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that service cost? I'm already broke from being unemployed.

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It's worth it when you consider how much you could lose if you're not prepared for the hearing. Way cheaper than hiring a lawyer.

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Did the agent help you figure out what evidence to gather?

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Make sure you understand exactly what the disqualification was for. Was it misconduct, voluntary quit, able and available issues, or something else? The judge will focus on the specific reason for denial and you need to address that directly.

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They said I voluntarily quit but I was basically forced out due to unsafe working conditions. How do I prove that?

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You'll need evidence of the unsafe conditions - emails to management, incident reports, photos if you have them, witness statements. Did you report the conditions before quitting?

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ugh these hearings are such a pain. mine got rescheduled twice and then when it finally happened the judge was super rude. but i still won so i guess thats what matters

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That's encouraging that you won even with a difficult judge. What was your case about?

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they said i didnt look for work enough but i had my job search log and everything. judge didnt even seem to read it before the hearing

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One important tip - if you have witnesses who can support your case, they can participate in the hearing too. Just let the appeals office know ahead of time. Also, the hearing is recorded so everything you say is on the record.

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Can former coworkers be witnesses? I have someone who saw the unsafe conditions I mentioned.

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Absolutely, former coworkers make great witnesses if they have direct knowledge of the situation.

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I represent myself at my hearing and it went fine. The judge explained the process at the beginning and was actually pretty fair. Just answer the questions directly and don't volunteer extra information unless it's relevant.

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Did you practice beforehand or just wing it?

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I wrote down the main points I wanted to make and practiced explaining the situation clearly. That helped a lot.

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What if I can't make the hearing date? I might have a job interview that day and I really need the work.

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You can request a postponement but you need a good reason and you have to ask well in advance. A job interview might qualify as good cause.

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Thanks, I'll call the appeals office if I need to reschedule.

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The whole appeals process is designed to intimidate people into giving up. Half the people who should appeal never do because they're scared of the hearing. Don't let them win - fight for what you're entitled to.

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That's exactly how I was feeling. Thanks for the encouragement.

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You're right, a lot of valid claims get denied initially just hoping people won't appeal.

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Another thing - make sure you get a copy of your complete file from Washington ESD before the hearing. Sometimes there's information in there you didn't know about. I used Claimyr again to get connected to someone who could explain what was in my file.

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How do you request your complete file? Is there a form?

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You can request it through your online account or by calling. The agent I talked to through Claimyr walked me through the whole process.

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For unsafe working conditions, you'll want to show that you tried to get the employer to fix the problem first. Washington ESD looks for whether you had 'compelling family reasons' or the quit was due to employer actions. Document everything.

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I did email HR about the safety issues twice before I quit. Should I submit those emails as evidence?

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Definitely submit those emails. That shows you tried to resolve the issue before quitting, which strengthens your case significantly.

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Be prepared for the employer to show up with their own version of events. They might have different documentation or claim things happened differently than you remember.

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What if they lie about what happened?

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That's why having your own documentation is so important. The judge will weigh both sides' evidence and credibility.

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also make sure you call in on time for the hearing. they start exactly on time and if youre late they might proceed without you

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Good point, I'll make sure to call in a few minutes early.

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I won my appeal last month. The key thing is to stay calm and organized. The judge asked about the specific circumstances of my job separation and I had all the dates and details ready. Don't assume the judge knows your case - explain everything clearly.

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How long did it take to get the decision after your hearing?

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I got the written decision about 10 days later. They said it can take up to 2 weeks.

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What happens if you lose the appeal? Can you appeal again?

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If you lose at the first level, you can appeal to the Board of Appeals within 30 days. After that there's Superior Court but that's rarely worth it.

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Hopefully I won't need to worry about that, but good to know there are other options.

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Don't overthink it too much. Just tell your story honestly and provide evidence for your claims. The Administrative Law Judges have heard it all before and they're generally fair in my experience.

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Thanks, that makes me feel a bit better about the whole process.

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One last tip - if you're having trouble understanding any part of the appeals process or need help preparing, Claimyr can connect you with Washington ESD agents who can clarify things. I found it super helpful when I was preparing for my hearing.

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I might try that service too. Getting through to Washington ESD normally is impossible.

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Yeah I've been trying to call for weeks with no luck. Maybe I should check out that Claimyr thing.

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Good luck with your hearing! Remember that you have the right to benefits if you qualify, so don't be intimidated by the process. Most people who appeal with good cause end up winning.

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Thank you everyone for all the advice. I feel much more prepared now and less nervous about the hearing.

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Update us after your hearing if you can! It helps other people in similar situations to hear how it went.

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I will definitely post an update after my hearing. This thread has been incredibly helpful.

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Just remember the three key things: be on time, have your documents organized, and stick to the facts. You've got this!

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Thank you! I'm going to spend this weekend getting all my evidence together and practicing my explanation.

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