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Malik Davis

What happens after unemployment appeal hearing - Washington ESD next steps?

Just finished my unemployment appeal hearing with Washington ESD last week and I'm not sure what to expect next. The ALJ said they would issue a written decision but didn't give me a timeline. My claim has been disqualified for 'voluntary quit' since September and I've been waiting months for this hearing. The hearing went okay I think - I had documentation showing my employer basically forced me out due to unsafe working conditions. How long does it usually take to get the decision? And if I win, do they backpay all the weeks I've been waiting? I'm getting really anxious because my savings are almost gone.

The Administrative Law Judge typically issues their decision within 2-4 weeks after the hearing. You'll receive it by mail and it will also show up in your eServices account on the Washington ESD website. If the ALJ reverses the disqualification, yes you should receive backpay for all the weeks you were eligible but didn't receive benefits.

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Thank you! That's a relief about the backpay. Do I need to keep filing my weekly claims while waiting for the decision?

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Yes, absolutely keep filing your weekly claims. Even though you're not getting paid right now, you need to maintain your claim to be eligible for backpay if you win the appeal.

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I went through this exact same thing last year. My hearing was in March and I got the decision exactly 3 weeks later. Won my case and got a lump sum payment for about $8,000 in backpay within 10 days of the decision. Make sure you keep checking your eServices account because sometimes the mail takes longer than the online notification.

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Wow that's a huge backpay amount! Were there any issues with getting it deposited or did it go smoothly?

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It went pretty smooth actually. They direct deposited it just like regular weekly benefits. The only thing was I had to pay taxes on the whole lump sum that year which was annoying but worth it.

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Ugh I've been trying to get through to Washington ESD for weeks to ask about my appeal status and can never reach anyone. Their phone system is absolutely terrible - either busy signal or they hang up on you after being on hold forever.

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Have you tried calling right at 8am when they open? That's usually the only time I can get through but even then it's hit or miss.

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I actually found this service called Claimyr that helps you get through to Washington ESD agents automatically. You put in your info and they call you back when they have an agent on the line. Worked great for me when I needed to check on my adjudication status. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that but honestly I'm desperate enough to try anything at this point. The Washington ESD phone system is just broken.

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What if you lose the appeal though? Can you appeal again or is that it? My hearing is next month and I'm terrified they won't believe me about why I quit my job.

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If you lose at the ALJ level, you can appeal to the Board of Industrial Insurance Appeals within 30 days. That's your final level of appeal within the state system. Make sure you have all your documentation organized for your hearing.

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Good luck with your hearing! I was nervous too but having all my emails and texts from my supervisor really helped show the pattern of harassment.

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been waiting 6 weeks for my decision already... they told me 2-4 weeks but nothing yet. starting to think they lost my case or something

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Six weeks is definitely longer than usual. You should call the Office of Administrative Hearings directly to check on your case status. They have a different phone number than regular Washington ESD.

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do you have that number? I can't find it anywhere on their website

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The whole appeal process is such a joke. I had my hearing 2 months ago, won my case, got my backpay, and then Washington ESD sent me an overpayment notice saying I owed them money for benefits I received AFTER winning my appeal. Makes no sense at all.

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That sounds like a mistake on their part. Did you contest the overpayment notice?

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Yeah I'm fighting it but it's another whole appeal process. This system is completely broken.

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That happened to my friend too. Turned out to be a computer error where they didn't update his account properly after the appeal decision. Took 3 months to fix but they eventually waived the overpayment.

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Pro tip: when you get your decision letter, read it VERY carefully. Sometimes they'll approve your appeal but with conditions or partial approval. My friend thought she won completely but they only approved benefits for certain weeks.

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Good point. I'll make sure to read every word when I get mine. Did your friend have to appeal the partial decision or just accept it?

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She accepted it because appealing further would have taken months and she needed the money. But she always wondered if she could have gotten more.

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What happens to your job search requirements while waiting for the appeal decision? Do you still have to do the 3 job contacts per week?

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Yes, you still need to meet all the regular UI requirements including job search activities. Even though you're not getting paid, you need to maintain eligibility for when/if benefits are restored.

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That seems unfair to make you do job search when you're fighting a disqualification but I guess it makes sense legally.

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I had my appeal hearing last Tuesday and the judge seemed really sympathetic to my case. Employer didn't even show up which I heard is usually good for the claimant. Fingers crossed I get good news in a few weeks!

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That's a good sign that they didn't show up! Sounds like you have a strong case.

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When my employer didn't show up to my hearing, the judge basically said they forfeited their chance to dispute my testimony. Easy win for me.

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Does anyone know if the appeal decision affects future unemployment claims? Like if I win this appeal, does it help if I ever need to file for UI again?

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Each unemployment claim is evaluated independently, but having a successful appeal on record could potentially help establish your credibility in future determinations. It shows you were willing to fight an incorrect decision.

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The waiting is the worst part honestly. I had my hearing 3 weeks ago and keep checking my eServices account multiple times a day hoping to see an update. It's driving me crazy!

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I'm doing the same thing! Checking my account obsessively even though I know the decision isn't ready yet.

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I know it's hard but try to be patient. The ALJ has to review all the testimony and evidence carefully. A thorough review is better for your case than a rushed decision.

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Quick question - if I win my appeal, do I have to report the backpay as income for the weeks when I actually receive it, or for the weeks it was supposed to cover originally?

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For tax purposes, unemployment benefits are typically reported as income for the year you actually receive them, not the year they were originally due. But you should consult a tax professional to be sure.

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Thanks, that's what I was hoping. Getting a big lump sum in 2025 for 2024 benefits would really mess up my tax situation.

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I've been to 3 appeal hearings over the years and won 2 of them. Key is having documentation for everything and staying calm during questioning. The judges are usually fair but they need evidence, not just your word.

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What kind of documentation helped you the most in your successful appeals?

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Email chains with supervisors, witness statements from coworkers, company policy documents, anything that backs up your version of events. Screenshots of text messages helped in one case too.

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Has anyone tried using Claimyr to call Washington ESD about appeal status? I'm wondering if their regular customer service can even see appeal information or if it's handled by a different department.

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I used Claimyr to reach someone at Washington ESD about my appeal timeline and they were able to see basic status info. Nothing detailed but they confirmed my case was still being reviewed. Much easier than trying to call myself.

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Good to know it's worth trying. I've wasted so many hours on hold with their regular number.

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Weird question but does the day of the week matter for when decisions get issued? I swear I've heard people say Washington ESD sends out appeal decisions on Fridays.

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I got mine on a Thursday actually, but I think it's just whenever the judge finishes writing it up. Probably varies by ALJ and their schedule.

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Mine came on a Monday. I don't think there's any pattern to it.

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For anyone still waiting - the anticipation is terrible but try to stay busy. I drove myself nuts checking my phone and email constantly. The decision will come when it comes and stressing won't make it faster.

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Easier said than done when you're broke and waiting to see if you'll get thousands in backpay! But you're right, the stress doesn't help anything.

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I totally get it. I was in the same boat. Just trying to pass along the perspective I wish someone had given me during my wait.

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One thing to remember is that even if you win your appeal, it might take a few more days for the payment system to process everything. Don't panic if you don't see money immediately after getting a favorable decision.

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How long should I expect between getting the decision and actually seeing the backpay deposited?

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In my case it was about a week, but I've heard anywhere from 3-10 business days depending on how backed up their payment processing is.

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Does winning an appeal affect your benefit year or weekly benefit amount at all? Or do you just get the same benefits you would have gotten originally?

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Winning an appeal restores your benefits exactly as they would have been if you hadn't been disqualified in the first place. Same weekly amount, same benefit year duration, everything.

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Perfect, that's what I was hoping. Thanks for clarifying!

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Last thought - if anyone is preparing for their appeal hearing, practice explaining your situation clearly and concisely. I rambled too much in my first hearing and felt like I confused the judge. Second time I was more prepared and it went much better.

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Good advice. I tried to stick to the facts during my hearing and not get too emotional about how unfairly I felt I was treated.

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Exactly. Keep it factual and let your documentation do the talking. Getting emotional can hurt your credibility even if you're 100% right.

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I'm in a similar situation - had my appeal hearing 10 days ago and the waiting is absolutely killing me. My case was also for voluntary quit due to hostile work environment. The judge seemed to understand my situation and asked good questions about the documentation I provided. Really hoping for positive news soon! Reading everyone's experiences here is helping me stay somewhat sane during this anxious wait. Fingers crossed for both of us Malik!

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Thank you Zainab! It's so helpful to connect with someone going through the exact same thing. The hostile work environment cases seem really tough because you have to prove so much, but it sounds like you came prepared with good documentation too. I keep telling myself that if the judge was asking detailed questions and seemed engaged, that's probably a good sign. The waiting really is the hardest part - I never thought 2-4 weeks could feel so long! Keeping my fingers crossed for both of us. Please update us when you hear back!

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Thanks for sharing your experience Zainab! It really does help to know others are going through the same nerve-wracking wait. Your case sounds very similar to mine - I also had to document a hostile work environment situation. The fact that the judge was asking detailed questions about your documentation is definitely encouraging. I've been trying to stay positive by reminding myself that a thorough review means they're taking our cases seriously. Hope we both get good news soon and can celebrate with some much-needed backpay!

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Zainab, I'm so glad you shared your experience! It's incredibly reassuring to hear from someone in almost the exact same situation. The hostile work environment cases really are challenging because there's so much you have to prove, but it sounds like you did your homework with the documentation. I've been second-guessing every detail from my hearing, but you're right that when the judge is asking thoughtful questions and really digging into the evidence, that's usually a positive sign. The 10-day mark means you're getting close to that typical 2-3 week window. I'll definitely keep you posted when I hear back, and please do the same! This community has been such a lifeline during this stressful wait.

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