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What happens after an ESD appeal hearing? Still confused about next steps

Hey everyone, I just had my appeal hearing with the Office of Administrative Hearings last Tuesday for my denied unemployment benefits. The judge said they'd mail a decision but didn't really explain what happens next or how long it would take. I'm soooo nervous! Has anyone gone through this process recently? How long did it take to get your decision? And what happens if they rule in my favor - do I immediately get all my back benefits or is there another waiting period? My former employer showed up with their HR rep and disputed everything, so I'm really anxious about the outcome. Any insights would help!

I went through this last month. After the hearing, the administrative law judge (ALJ) usually issues a written decision within 2-3 weeks. They mail it to you and also post it in your eServices account. If the decision is in your favor, ESD will process your back payments within about 7-10 business days. If it's not in your favor, you have 30 days to file a Petition for Review with the Commissioner's Review Office. My advice is to check your eServices account daily - sometimes the decision shows up there before the mail arrives.

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Thank you!!! I'll keep checking my eServices account. Did you win your appeal? I'm worried because my former employer seemed so prepared with all these documents.

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Ezra Beard

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the judge will send u a letter with there decision and it takes FOREVER mine took like 45 days to arrive and i was checking the mail everyday!!! so frustrating

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That's not typical. Most decisions are issued within 15-30 days of the hearing date. If you don't receive anything after 30 days, you should call OAH directly to check on status. The system isn't perfect but 45 days is definitely an outlier.

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Went through this last year. Don't get your hopes up too high. I had all the evidence and still lost my appeal. The system is rigged in favor of employers because they pay into unemployment insurance. Just saying...

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Aria Khan

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That's not entirely accurate. Judges are supposed to be impartial and apply the law to the facts. I won my appeal against a large employer who had a lawyer present. The key is having documentation for everything you claim and understanding which specific ESD policies apply to your situation. The system has problems but it's not fundamentally rigged.

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Everett Tutum

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I had my hearing back in January and actually won! Like others have said, it took about 3 weeks to get the decision letter. What really matters is if you had good evidence to back up your side of the story. Did you bring witnesses? Submit documentation? If your employer just made verbal claims without evidence, you might be OK. Also, I'm curious - what was the reason they denied your benefits initially? The specific reason can affect your chances at appeal.

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They denied me saying I quit without good cause, but I actually had documented safety concerns that my manager ignored for months. I brought emails showing I reported these issues multiple times before finally leaving. I'm hoping that's enough evidence!

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Sunny Wang

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If you've been waiting to get through to ESD to check on your appeal status, try using Claimyr (claimyr.com). I was in the same boat as you after my hearing and was getting really anxious. Used their service and got connected to an ESD agent in about 20 minutes instead of spending days trying to get through. You can see how it works in their video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent was able to tell me exactly where my appeal was in the process and when to expect the decision.

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Ezra Beard

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does this really work?? ive been trying to get thru to esd for 2 weeks!!

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Sunny Wang

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Yes, it worked for me and several others I know. They basically hold your place in line so you don't have to keep redialing. I was skeptical at first but was desperate to get information about my appeal status.

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Here's exactly what happens after an appeal hearing: 1. The ALJ reviews all evidence and testimony (this takes 1-2 weeks typically) 2. The ALJ issues a written decision (you receive by mail and in eServices) 3. If you win, ESD implements the decision, removes any disqualifications, and processes payments within 7-14 days 4. If you lose, you have 30 days to file a Petition for Review with the Commissioner's Office 5. If neither party appeals within 30 days, the decision becomes final Your safety concerns documentation sounds promising - that's exactly the kind of evidence that often leads to successful appeals for voluntary quits. The key factor will be whether you can prove you made reasonable efforts to resolve the issues before quitting.

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Thank you so much for breaking it down! I definitely tried to resolve the issues before quitting - I have emails to my manager, HR, and even the regional safety coordinator. No one addressed the problems so I finally had to leave for my own safety. I hope the judge sees it that way too.

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Ezra Beard

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wait I'm confused is the OAH hearing the same as a commisioner review or is that a different type of appeal????

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They're different. The OAH hearing comes first - that's where an Administrative Law Judge hears your case. If you lose at OAH, you can appeal to the Commissioner's Review Office, which is a higher level of appeal. The Commissioner reviews the OAH hearing record but doesn't usually conduct a new hearing. And if you lose at the Commissioner level, you can appeal to Superior Court, but that's much more complicated and might require a lawyer.

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I had a hearing last year about being fired vs. laid off and let me tell you my story real quick. I thought the hearing went terrible because my boss kept interrupting me and the judge seemed annoyed with both of us. But guess what? I actually won! Got my decision letter after about 2.5 weeks and all my back benefits came through the following week. It was over $5,000 they owed me! So don't lose hope even if you think it went badly. Sometimes these judges are just hard to read.

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That's really encouraging to hear! My hearing felt super tense the whole time. My former employer kept saying I abandoned my job, but I literally have emails proving I raised safety concerns repeatedly. I'm hoping the judge sees through their story!

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Aria Khan

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One important thing to remember is that if you win and they rule in your favor, sometimes the employer can also appeal the decision to the Commissioner's Review Office. So even winning at the OAH level doesn't always mean the case is finished. However, the good news is that ESD will typically begin paying benefits after an OAH decision in your favor, even if the employer appeals. But be aware you could potentially have to repay them if the employer wins at a higher appeal level.

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Oh wow, I didn't realize the employer could appeal too! That makes me nervous. My former company is pretty big and has resources... they might keep fighting this. Is there any way to know if they file an appeal?

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Aria Khan

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Yes, you'll receive a copy of any appeal they file, and ESD will also post notifications in your eServices account if an employer files a Commissioner's Review. Don't worry too much though - employers win at appeal less often than many people think, especially in cases with documented safety concerns.

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