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NebulaNomad

What happens when you file an appeal for Washington ESD unemployment denial?

My unemployment claim got denied last week and I'm thinking about filing an appeal with Washington ESD. I've never done this before and honestly have no idea what to expect. Does anyone know what actually happens after you submit the appeal paperwork? Like how long does it take and what's the process? I'm worried I'm going to mess something up or that it's going to take forever to get resolved.

I went through the appeal process last year. First thing - you only have 30 days from the date on your denial letter to file the appeal, so don't wait too long. After you submit it through your SecureAccess Washington account or mail it in, Washington ESD will schedule a hearing with an administrative law judge. The whole process took about 6-8 weeks for me from filing to getting the decision.

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6-8 weeks?? That seems like forever when you're not getting any benefits. Did you have to keep filing weekly claims during that time?

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Yes, you should keep filing your weekly claims even during the appeal. If you win, they'll pay you retroactively for all those weeks.

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The appeal hearing is usually done over the phone unless you specifically request an in-person hearing. You'll get a notice about 10 days before with the date and time. Make sure you have all your documentation ready - work records, any correspondence with your employer, pay stubs, whatever relates to why you were denied. The judge will ask questions and give both you and your employer (if they participate) a chance to present your case.

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Wait, my employer gets to participate too? What if they lie about why I was fired?

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That's exactly why you need good documentation. Bring anything that contradicts their story - emails, performance reviews, witness statements if you have them.

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This is why I used Claimyr to get through to an actual Washington ESD agent when I had questions about my appeal. Trying to call the regular number was impossible - kept getting hung up on. Check out claimyr.com, they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made it so much easier to understand what I needed for my hearing.

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OMG I'm going through this exact same thing right now!! Filed my appeal 3 weeks ago and I'm SO stressed about the hearing. What if I say something wrong? What if the judge doesn't believe me? I can't afford to lose this appeal because I have rent due and my savings are gone.

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Try to stay calm during the hearing. Stick to the facts and don't get emotional. The judge has heard it all before.

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Easier said than done when your livelihood depends on it! But thank you, I'll try to remember that.

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Just be aware that even if you win your appeal, it's not necessarily over. Your employer can appeal the decision to the Board of Appeals, which adds another layer. Happened to me - won my initial appeal but then had to go through the Board of Appeals process too. That took another 2 months.

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Are you kidding me?? How is that fair? So you could be waiting months and months without any income?

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Unfortunately yes. The system is designed to be thorough but it's definitely not designed to be fast.

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What was the reason for your denial? That makes a big difference in how you approach the appeal. If it was misconduct vs. quitting vs. not being available for work, the strategy is totally different.

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They said I was fired for misconduct but it was really just a personality conflict with my supervisor. I have emails showing I was doing my job fine.

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Good, save those emails! For misconduct appeals, you need to show either that what you did wasn't actually misconduct, or that it wasn't willful and wanton disregard of your employer's interests.

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The appeals process is such a joke. They make it deliberately complicated so people will give up. I had to go through three different levels of appeals before I finally got my benefits. Cost me thousands in lost income and stress.

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Three levels?? What are the three levels?

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First the administrative law judge hearing, then Board of Appeals if someone appeals that decision, then potentially superior court if you want to take it that far. Most people can't afford to go to court though.

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make sure u get the hearing notice in writing, dont just rely on them calling u. i almost missed mine because they sent it to an old address. check ur secure access washington account regularly

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Good point, I'll make sure my address is updated. How often should I check?

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i checked like every few days when i was waiting for my hearing notice. paranoid but better safe than sorry

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One more thing - if you don't speak English as your first language, you can request an interpreter for the hearing. Washington ESD has to provide one free of charge. Don't try to struggle through in English if you're not comfortable, it could hurt your case.

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That's really good to know, thank you. English is fine for me but I'm sure others reading this might need that info.

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I won my appeal but it was honestly one of the most stressful experiences of my life. The judge was pretty fair though - asked good questions and seemed to really listen to both sides. The key is being prepared and having your facts straight. Don't wing it.

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How did you prepare? Like what specifically did you do to get ready?

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I wrote out a timeline of everything that happened, gathered all my documents, and practiced explaining my side of the story. Also read through Washington ESD's policies online so I understood the rules they were applying.

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Does anyone know if you can have a lawyer represent you at the hearing? I'm thinking about hiring one because this whole thing is so confusing.

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Yes, you can have a lawyer, but you have to pay for it yourself. Most people represent themselves because unemployment lawyers are expensive and the benefit amounts often don't justify the cost.

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Yeah that's what I was afraid of. Might have to go it alone then.

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The waiting is the worst part. I filed my appeal in March and didn't get my hearing until May. Then had to wait another 2 weeks for the written decision. Meanwhile bills are piling up and you're just stuck in limbo.

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That's exactly what I'm worried about. How did you survive financially during that time?

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Had to borrow money from family and pick up some gig work. It was rough but I eventually got all my back benefits when I won.

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Another thing that helped me was actually talking to a Washington ESD representative before my hearing to make sure I understood exactly why I was denied and what I needed to prove. I used Claimyr to get through their phone system - way better than spending hours on hold or getting disconnected. Really helped me focus my argument.

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Never heard of Claimyr before but sounds like it might be worth trying. The regular Washington ESD phone number is basically useless.

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Yeah I've tried calling Washington ESD probably 50 times and gotten through maybe twice. Always gets disconnected or just busy signal.

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Quick question - do you have to appeal in writing or can you do it online? My denial letter mentions both options but I'm not sure which is better.

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Online is faster and you get confirmation that it was received. I'd go that route unless you have some reason to prefer mail.

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Thanks, online it is then. Hopefully the system actually works when I try to submit it.

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I lost my first appeal but won when I appealed to the Board of Appeals. Sometimes the first judge makes mistakes or doesn't see all the evidence clearly. Don't give up if you lose the first round.

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How much more time did the Board of Appeals take?

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About 3 more months from when I filed the second appeal to when I got the final decision. But they don't do another hearing - they just review the written record from the first hearing.

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this whole system is designed to wear you down so you give up and they dont have to pay benefits. its criminal how they treat unemployed people

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I hear you but getting angry doesn't help your case. Focus on the facts and documentation.

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easy to say when youre not the one struggling to pay rent while waiting months for a decision

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One thing I learned - record the hearing if you can. Some judges allow it and it can be helpful if you need to appeal further. At minimum, take detailed notes during the hearing about what everyone says.

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Are you allowed to record it? I thought court proceedings couldn't be recorded by participants.

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These aren't court proceedings, they're administrative hearings. Rules are different. But you should ask permission first.

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After you get the hearing decision, win or lose, you'll get a written explanation of the judge's reasoning. Read it carefully because it might give you insights for a further appeal if you need one. Also, if you win, your back benefits should start processing within a week or two.

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Good to know about the back benefits timeline. At least there's some light at the end of the tunnel if things go well.

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Exactly. The process sucks but if you have a legitimate case and do your homework, you've got a decent chance of winning.

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I'm actually a former Washington ESD employee and I can tell you that the appeals process, while slow, is generally fair. The administrative law judges are independent and don't have quotas or pressure to deny claims. If you were wrongly denied, you have a good shot at winning if you present your case well.

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That's actually reassuring to hear from someone who worked there. Any insider tips for presenting a strong case?

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Be organized, stick to relevant facts, and don't get personal or emotional about your employer. The judge wants to know what happened, not how you feel about it. Also, if you have witnesses who can support your version of events, mention that during the hearing.

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Thanks everyone for all this info. I'm feeling a bit more confident about filing my appeal now. Still nervous about the hearing but at least I know what to expect. Going to start gathering my documentation today.

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Good luck! Remember, you have nothing to lose by appealing if you think you were wrongly denied.

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And if you need to talk to Washington ESD about anything related to your case, seriously consider using Claimyr. Saved me so much frustration and actually got the answers I needed to prepare properly.

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I'll definitely look into that. Thanks again everyone - this thread has been incredibly helpful!

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