Unemployment Benefit Eligibility Conditions. An unemployed individual (claimant) is eligible to receive unemployment insurance benefits (UI benefits) if the claimant:
To be available for work, the claimant must be ready, able, and willing, to accept any suitable work immediately which may be offered and must be actively seeking work pursuant to customary trade practices. The Employment Security Department (ESD) administers Washington State's unemployment insurance program.
Appeals. A claimant or the most recent employer may file an appeal from any determination or redetermination with the appeal tribunal within 30 days after the date of notification or mailing, whichever is earlier, of such determination or redetermination. Appeals are made to the Office of Administrative Hearings (OAH).
In any proceeding before an appeal tribunal involving a dispute of an individual's initial determination, all matters covered by such initial determination are deemed to be in issue regardless of the particular grounds in the notice of appeal.
In any proceeding before an appeal tribunal involving an appeal on a dispute of a claimant's claim for waiting period credit or UI benefits claim that all UI issues relating to the claimant's right to receive such credit or UI benefits for the period in question are deemed to be in issue regardless of the particular grounds in the claimant's notice of appeal. The claimant's availability for work is determined apart from all other matters. In any proceedings before an appeal tribunal involving a claimant's right to benefits, all parties are afforded an opportunity for a hearing after not less than seven days' notice.
In addition to a dispute of an individual's UI initial determination, a dispute of a determination of allowance or denial of allowance of benefits, or redetermination are deemed to be in issue in appeals proceedings regardless of the grounds in the notice of appeal.
The UI appeal provisions are removed that:
PRO: This bill clarifies the appeals process and make it easier for claimants, employers, and judges. Current statute requires that a judge look at matters of able and available for any week in question before an appeal, regardless of the content of the appeal, subject, or what was raised in the appeal. Parties are being asked questions that they have already answered or were not prepared to answer. This bill will save time for judges and claimants and improve user experience. Current confusion in the system hinders the topics under discussion in an appeal and may lead to conflicting rulings between the judge and the Employment Security Department.