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Natasha Kuznetsova

What does it mean to appeal unemployment claim in Washington ESD?

I got a letter from Washington ESD saying my unemployment claim was denied and they mentioned something about appealing but I'm honestly confused about what that even means. Do I have to go to court? Is it like a lawsuit? I've never dealt with anything like this before and the letter has all these legal terms I don't understand. Can someone explain what appealing an unemployment claim actually involves?

An appeal is basically asking Washington ESD to reconsider their decision. It's not a court case - it's an administrative process where you get to explain why you think their denial was wrong. You'll usually get a phone hearing with an administrative law judge.

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Oh okay that makes more sense. So it's not like a real courtroom situation?

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Nope, it's usually done over the phone. Much less intimidating than you might think.

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You have 30 days from the date on that letter to file your appeal, so don't wait too long! The appeal form should be included with your denial letter or you can file online through your SecureAccess Washington account.

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30 days? That's not much time. What happens if I miss the deadline?

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If you miss it, you can still try to file but you'll need a really good reason for being late. They call it 'good cause' for missing the deadline.

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I went through this last year and honestly the hardest part was just getting someone at Washington ESD on the phone to ask questions about the process. I must have called 200 times before I found out about Claimyr - it's a service that helps you get through to actual agents. Check out claimyr.com, they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the tip! I've been trying to call for days with no luck.

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Is that service free? Sounds too good to be true.

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It's not free but honestly worth it when you need answers about your appeal. Way better than sitting on hold for hours.

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The appeal process has several steps: First you file the appeal form, then Washington ESD schedules a hearing, you get a notice with the date and time, then you participate in the hearing and present your case. After that, you wait for the decision.

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What kind of evidence should I prepare for the hearing?

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Depends on why you were denied. If it was a separation issue, bring documentation about your job ending. If it was about availability, bring job search records.

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Also bring any emails or texts between you and your employer if it's relevant to why you left.

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ugh the whole appeals process is such a nightmare. i filed mine 3 weeks ago and still havent heard anything about when my hearing will be. meanwhile im broke and cant pay rent

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I feel you. The waiting is the worst part. At least you got your appeal in on time though!

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barely... i almost missed the deadline because i couldnt understand the paperwork

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Just to clarify - there are actually two levels of appeal. The first is an administrative hearing with an Administrative Law Judge (ALJ). If you don't like that decision, you can appeal again to the Board of Appeals, and after that to Superior Court if needed.

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Wow, so it could go on for a really long time?

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Most cases are resolved at the first level. The ALJ hearing is usually where it ends.

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What exactly happens during the hearing? Do I need a lawyer?

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You don't need a lawyer but you can have one. Most people represent themselves. The judge will ask you questions about your situation and you get to tell your side of the story.

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The employer can participate too if they want to contest your claim. Don't be surprised if they show up.

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I'm going through this right now too. Got denied because they said I quit voluntarily but I was actually forced to resign. Really hoping the appeal works out.

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That's similar to my situation! Did you have any documentation about being forced to resign?

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I have some emails where my boss was basically making my life hell. Hoping that's enough evidence.

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The whole system is rigged against workers. They deny claims hoping people won't appeal, then make the appeals process confusing and intimidating. Don't let them win - fight it!

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While I understand the frustration, the appeals process does give people a fair chance to present their case. The judges are pretty neutral.

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Maybe, but they shouldn't be denying valid claims in the first place.

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Quick tip - make sure you keep filing your weekly claims even while your appeal is pending! If you win, you'll get back pay, but only if you've been filing consistently.

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Wait, I need to keep doing weekly claims even though I was denied?

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Yes! Very important. You're basically protecting your right to those weeks in case you win the appeal.

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How long does the whole appeals process usually take from start to finish?

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Varies a lot. I've seen hearings scheduled within 3-4 weeks, but sometimes it takes 6-8 weeks depending on how backed up they are.

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Mine took 2 months from filing to getting the decision. But that was during COVID when everything was slower.

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Does anyone know if you can submit written statements instead of doing the phone hearing?

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You can submit written evidence, but you still need to participate in the hearing. The judge wants to ask you questions directly.

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Okay, I was just nervous about the phone hearing part. Good to know I can still submit documents.

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I used Claimyr again recently when I had questions about my appeal status. Their system got me through to an agent in like 20 minutes instead of the usual hours of calling. Really helpful when you're stressed about the whole process.

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Good to know! I might try that if I need to call about my appeal.

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Yeah, sometimes you just need to talk to a human to understand what's happening with your case.

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One thing to remember - the burden of proof is different depending on why you were denied. If it's a separation issue, the employer has to prove misconduct. If it's about availability, you have to prove you were available for work.

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How do I know which situation applies to me?

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Look at your denial letter - it should explain the specific reason for the denial. That tells you what you need to prove or disprove.

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For anyone going through this - stay organized! Keep copies of everything you submit, take notes during the hearing, and follow up if you don't hear back within a reasonable time.

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That's great advice. I'm definitely going to start a folder for all this paperwork.

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Also record the hearing if they allow it. Sometimes it helps to review what was said.

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what if you win the appeal but then the employer appeals that decision?

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Then it goes to the next level - the Board of Appeals. But most employers don't bother appealing ALJ decisions unless it's a really big case.

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ok good to know. hoping it doesnt come to that

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Just wanted to say thanks to everyone who explained this. I was totally lost when I got my denial letter but now I feel like I understand what I need to do. Filing my appeal tomorrow!

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Same here! This thread has been super helpful. Good luck with your appeal!

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Glad we could help. Remember to gather your evidence and stay calm during the hearing. You've got this!

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One more tip - if you need help with the appeals process, some legal aid organizations offer free assistance with unemployment appeals. Worth looking into if you're feeling overwhelmed.

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That's a great suggestion. Do you know how to find these organizations?

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Search for 'legal aid' in your county. Many have employment law programs that include unemployment appeals.

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The appeals process saved my butt last year. I was denied initially but won on appeal. Definitely worth fighting if you think the denial was wrong. Don't give up!

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That's encouraging to hear! How long did it take to get your back pay after you won?

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About 2 weeks after the decision. They deposited all the back pay at once, which was a huge relief.

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Mei Lin

Final thought - even if you're not sure you have a strong case, it's often worth appealing anyway. The worst thing that happens is they uphold the original decision, but you might be surprised and win.

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You're right. I have nothing to lose by trying. Thanks everyone for all the advice and encouragement!

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Exactly! And sometimes the employer doesn't even show up to contest it, which makes it much easier to win.

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