Wrongly disqualified for 'not being in state' - Appeal filed but no response for 3 months - Need help ASAP
I'm at my wits end with ESD right now. They rejected my claim saying I wasn't in Washington state and 'not able to work' - which is completely FALSE. I've been here the entire time! This mistake has left me without benefits for over 3 months while my savings have disappeared trying to keep up with my mortgage payments. I finally discovered this ridiculous error was the holdup and filed an appeal with ESD on Monday. The rep said they try to resolve these internally before sending to OAH, but I'm desperate for answers. They mentioned a caseworker was 'already on it' but I haven't heard anything since. To make matters worse, my original claim has now expired, and my new claim just says "waiting for information" - whatever that means. Has anyone successfully appealed an incorrect 'not in state' determination? How long does this typically take? Is there ANY way to speed this up? My financial situation is becoming critical and I need these benefits that I'm rightfully owed.
20 comments
Liam Duke
I went through something similar last year. The 'not in state' error usually happens when you either logged into your account from out of state (even once) or when you answered a question incorrectly on your weekly claim. They're extremely strict about this. For your appeal: call ESD every single day. Their internal review can take 2-3 weeks before it even gets to OAH. When they say a caseworker is 'on it,' that often means they've been assigned but haven't started the actual review. Regarding your new claim showing 'waiting for information' - that's typically because they're waiting on the outcome of your appeal on the first claim. They won't process the new one until the previous issue is resolved.
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Dana Doyle
•Thanks for the insight. I've tried calling ESD literally dozens of times but can't get through. It's always 'high call volume' and then disconnects me. I'm positive I was in state the whole time - I haven't left WA since 2023! This feels like a complete system failure and I'm out of options.
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Manny Lark
I had the EXACT same thing happen!!! ESD said I wasn't in state even tho I NEVER LEFT. took me 7 weeks to get it fixed and that was with calling them every day. system is broken!!!!!
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Dana Doyle
•7 weeks sounds fast compared to my 3 months of nothing! Did you have to provide any special documentation to prove you were in-state? I'm trying to figure out what I can gather to speed this up.
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Rita Jacobs
This is unfortunately a common issue. To expedite your appeal, you need to provide clear evidence that you were physically in Washington. This could include: 1. Rental receipts or mortgage statements 2. Utility bills showing consistent usage 3. Bank statements showing local transactions 4. Employment search records with Washington employers 5. Medical appointments in-state The "waiting for information" status on your new claim indicates they're waiting for the resolution of your appeal before processing it. Once your appeal is successful, both claims should update accordingly. For your appeal timeline: Internal ESD appeals typically take 2-4 weeks before being sent to OAH if they can't resolve it. OAH then takes another 6-8 weeks. The entire process can unfortunately take 2-3 months total.
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Dana Doyle
•Thank you for the detailed information. I definitely have all that documentation - mortgage statements, utilities, even gas receipts showing I've been in WA the whole time. I sent some of that with my initial appeal, but maybe I need to send more? The frustrating part is having no way to follow up or check status.
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Khalid Howes
Man this is just ridiculous what ESD puts people through. I've seen them do this to like 5 people I know. They randomly decide someone isn't in state with ZERO evidence and then make YOU prove you were here. And in the meantime no benefits for months. The whole system is designed to reject as many people as possible. When my brother got flagged for this it took 4 months to resolve and he almost lost his apartment.
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Ben Cooper
•Yep thats how the system works!! They make it so complicated on purpose so people give up. My neighbor had same thing happen and she just gave up after 2 months because the stress was making her sick. Its like ESD assumes everyone is lying.
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Naila Gordon
Hey, I had success getting through to ESD using a service called Claimyr. Saved me weeks of frustration after being wrongly disqualified for a different reason. They basically connect you to an ESD agent without having to wait on hold forever. Could really help speed up your appeal. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I got through to an actual person, they were able to escalate my issue and I had it resolved within a week. Worth trying since you're in such a tough spot.
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Dana Doyle
•I've never heard of this service before. Does it actually work? At this point I'm willing to try anything if it means getting a human on the phone who can help me. The silence from ESD is the worst part - just not knowing what's happening with my case.
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Naila Gordon
•It definitely worked for me! They got me connected to an actual ESD agent in about 25 minutes when I had been trying unsuccessfully for weeks. The agent I spoke with was able to see exactly what was holding up my claim and escalated it to a supervisor.
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Rita Jacobs
One additional important detail - while your appeal is pending, make sure you continue filing your weekly claims even though you're not receiving benefits. If you win your appeal, they can only pay you for weeks that you properly filed claims for. Missing weeks cannot be recovered retroactively.
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Dana Doyle
•Thank you for that crucial reminder. I have been filing every week religiously even though it feels pointless right now. At least if/when this gets resolved, I should get the full backpay for all these months.
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Cynthia Love
im confussed about something... you said your claim expired? how long were you on unemployment before this happened? Because regular UI claims last for a year (benefit year) even if you use up all your benefit amount sooner. so if your claim actually expired that means its been a full year since you first applied?? Also for the appeal - they HAVE to give you a written decision within 30 days by law. If its been longer than that you can contact your state representative and they can sometimes help speed things up. Worked for me when I was stuck in adjudication for 5 months.
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Dana Doyle
•Sorry I should have been clearer - I filed initially almost a year ago, but the claim was immediately held up with this "not in state" issue. I've been fighting it this whole time but getting nowhere. It's only in the last few months that my savings ran out and the situation became desperate. I'll definitely look into contacting my state rep - great suggestion!
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Manny Lark
the whole unemployment system is BROKEN!!! my friend was told she wasnt eligable because she didnt provide ID verification but they NEVER ASKED HER FOR ID!! nobody can get threw on the phones and the website never works right and were all just stuck!!! 😡
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Liam Duke
Quick update on the timeline expectations: If your appeal was filed Monday and they said it's with a caseworker, they're likely in the "reconsideration" phase. This is actually good news because if the caseworker agrees with you, they can reverse the decision without going to OAH. The bad news is there's no guaranteed timeline for this phase. Have you checked your online correspondence in eServices? Sometimes they upload decisions there without notifying you. Also, check if your status has changed from "disqualified" to something else - that could indicate progress.
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Dana Doyle
•I just checked eServices again and nothing new has appeared in my correspondence. Status still shows as disqualified. I guess I just keep waiting and hoping someone actually reviews my case. It's so frustrating being in financial limbo with no timeline or expectations.
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Ben Cooper
Same thing happened to me! I found out its because I answered YES to the 'physically able to work' question but then accidentally answered NO to 'available for work' on a weekly claim! Just ONE mistake and they assume your out of state! It took foreverrr to fix.
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Dana Doyle
•That's interesting - I should double check my weekly claims to see if I made a similar mistake. Though at this point I've filed so many claims I can't imagine I'd make the same error repeatedly. The frustrating part is that even if I did make a mistake on a form, they should have a way to correct it that doesn't take MONTHS.
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