Won ESD commissioner appeal - how do I claim backpayments owed?
Just got a letter from the Commissioner's Office that COMPLETELY changed everything! After losing my initial appeal with ESD about being fired (my manager said it was misconduct but it wasn't), I appealed to the Commissioner's Review Office as a last resort. The letter says they reversed the decision and found in my favor!!! The letter states 'the separation was not attributable to the claimant' and that I'm eligible for benefits. Now I'm confused about what happens next? Do I need to call ESD to get my backpay for all those months? It's been almost 5 months of fighting this and I'm owed around $14,700. Does anyone know the next steps after winning a commissioner appeal? Will they automatically send the money or do I need to do something specific?
18 comments


Aidan Hudson
Congratulations! When I won my commissioner appeal last year, I had to be proactive to get my backpay. Here's what you should do: 1. Take a copy of the commissioner's decision letter and upload it to your ESD account under 'Upload Documents' 2. Call ESD to notify them about the decision - this speeds things up. The regular number is impossible to get through on, so call first thing in the morning. 3. If you weren't filing weekly claims during this whole process, you'll need to backfile for each week you were eligible. Typically, you should receive payment within 2-3 weeks after they process the commissioner's decision. If nothing happens after 2 weeks, call again.
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Lucy Lam
•Thanks for the info! I stopped filing weekly claims after I lost the appeal hearing. Will they let me backfile for all those weeks? I'm worried they'll say I can't claim for weeks I didn't file.
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Zoe Wang
congrats! my frend had similar situation. esd will NOT auto pay u need 2 call them and mention the comissioner desision. also keep filing weekly even if denied always!!
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Lucy Lam
•Thanks! I definitely learned that lesson the hard way. I should have kept filing weekly even after the initial denial. I'll definitely call them ASAP.
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Connor Richards
I'm an Administrative Law paralegal, and I work with ESD cases frequently. Here's what you need to know: 1. The Commissioner's decision is binding on ESD, and they must comply with it. 2. For any weeks you didn't file claims, you'll need to request a "backdated claim" (also called conditional payment). Call ESD and specifically request this. 3. Per RCW 50.32.190, ESD is required to implement the Commissioner's decision within 30 days. 4. Keep a copy of the Commissioner's decision forever - seriously. If there's ever an overpayment issue in the future, you'll need this to prove your benefits were properly awarded. 5. Be prepared to answer questions about your job search activities for those weeks, as they'll likely still want verification you were looking for work during that period.
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Lucy Lam
•This is incredibly helpful information! I didn't know about the 30-day requirement. I've been keeping my job search logs just in case, so hopefully that won't be an issue. Do you know if they'll want any additional documentation from me for the backdated claims?
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Grace Durand
I went through this exact nightmare last year!! ESD is THE WORST at implementing commissioner decisions. I won my commissioner appeal and then had to wait ANOTHER 2 months fighting with them to actually pay me. Here's what happened to me: 1. Won commissioner appeal 2. Called ESD daily for weeks - always disconnected 3. Filed complaint with my state representative 4. FINALLY got payment Don't trust them to do ANYTHING automatically. Keep calling until you get a human. The whole system is designed to make people give up!!!
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Lucy Lam
•Oh no, that sounds terrible! I was hoping this would be the end of the battle. Did calling your state rep actually help? I might try that if I can't get through to ESD after a few tries.
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Steven Adams
If you're having trouble getting through to ESD on the phone (and let's be honest, we ALL do), check out Claimyr (claimyr.com). I was in a similar situation with an appeal decision and couldn't get through for weeks. Used their service and got connected to a real agent in about 15 minutes. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It saved me weeks of frustration when I needed to request backdated payments after my appeal. Just make sure you have your decision letter and all your information ready when you call.
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Lucy Lam
•I'll definitely look into this if I can't get through. At this point, after fighting for 5 months, I just want to get this resolved as quickly as possible. Thanks for the recommendation!
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Alice Fleming
Just want to say CONGRATS!!!! The commissioner rarely overturns decisions so you must have had a really strong case. What kind of evidence did you present that helped you win?
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Lucy Lam
•Thank you! I had email documentation showing that what my employer claimed was "misconduct" was actually a misunderstanding about a policy change they never properly communicated. I also had positive performance reviews right up until the incident. I think what really helped was testimony from a coworker who confirmed my version of events.
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Connor Richards
Following up on my earlier comment - make sure when you call ESD about implementing the Commissioner's decision that you specifically request "conditional payment" for any weeks you didn't file claims. This is important terminology to use. Also, if it's been more than 2 weeks since you received the Commissioner's decision, I recommend contacting them through your online eServices account with a message titled "Commissioner Decision Implementation Request" and include the decision number. Document all your attempts to contact them (dates, times, reference numbers), as this will be helpful if there are further delays.
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Lucy Lam
•Thanks for the follow-up! I'll use that exact terminology and document everything. I just received the commissioner's decision yesterday, so I'll give them a call tomorrow morning and follow up with the message in eServices as well.
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Hassan Khoury
wait do u need to kep doing job serch after winning appeal? i thought once u win u just get paid automatically?
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Aidan Hudson
•You still need to meet all eligibility requirements for each week you're claiming, including job search activities (unless you had an approved standby status). The commissioner's decision just establishes that the separation from employment wasn't your fault, but you still need to satisfy all other eligibility requirements.
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Lucy Lam
UPDATE: I called ESD this morning and finally got through after being on hold for 2.5 hours! The agent confirmed they received the Commissioner's decision and are processing it. They're allowing me to backfile for all the weeks I missed, but I have to answer the job search questions for each week. She said I should see the payments within 7-10 business days. Thanks everyone for your help and advice!
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Grace Durand
•Wow, only 2.5 hours? You got lucky! Make sure to check your account daily and call back if you don't see the payments posted by the date they promised. They told me 7-10 days too and it took 3 weeks plus multiple calls...
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