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How to appeal a denied unemployment claim

The Details of Appeal your unemployment benefits decision

What you need for Appeal your unemployment benefits decision

You must continue to request benefits while your appeal is pending in order to receive payment for those weeks if you win your appeal.

How to appeal Appeal your unemployment benefits decision

Online

  1. Log in to your UI Online account.
  2. Click View and maintain in the left pane.
  3. Click Monetary and issue summary.
  4. Select the issue ID and then click Appeal.

By mail

There are 2 ways to appeal the decision by mail:

  • Complete the Appeal Request Information form that was mailed to you with your Notice of Disqualification or
  • Write a letter asking for an appeal. Include your:
    • Phone number
    • Claimant ID
    • Signature

    Send your completed form or letter to:

    Department of Unemployment Assistance
    Hearings Department
    19 Staniford St.
    Boston, MA 02114

    Next steps for Appeal your unemployment benefits decision

    Once your request is received

    When we receive your request, we will send you 2 letters, either electronically or by U.S. Mail, depending on the method you selected when you filed your claim for benefits. The first letter is sent immediately to confirm we received your appeal request. The second letter (Notice of Hearing) is sent when we schedule the hearing. The Notice of Hearing will:

    • Give you notice of the time and date of your hearing
    • Let you know if the hearing is in-person or by phone (if by phone, we will include a phone number and a PIN)
    • Give you instructions on how to prepare for your hearing

    How to prepare for your hearing

    The Department of Unemployment Assistance (DUA) offers the following tips to prepare for a hearing:

    • Gather any documents that will support your facts in this case, such as:
      • Attendance records
      • Payroll records
      • Pay stubs, correspondence (emails or letters)
      • Work documents
      • Employee evaluations
      • Performance warnings

      After the hearing

      The person in charge of the hearing (the review examiner) will determine whether or not you’re eligible to receive benefits. The Hearings Department makes every effort to send the written decision of the review examiner within 2-4 weeks after the hearing is over. When the decision is made, you’ll be sent a written decision either electronically or by U.S. Mail, based on the method you selected.

      If you disagree with the review examiner’s decision

      You may appeal to the Board of Review.

      More info for Appeal your unemployment benefits decision

      Hearings Department procedures

      In order to determine the facts of the case and make a fair decision, you will be assigned to an impartial review examiner who has no knowledge of the case aside from reading the file documents. This impartiality ensures that all parties have a fair hearing with an adequate opportunity to present relevant testimony and documents.

      If you miss the 10 day deadline to file your appeal

      If you miss the deadline, you may still ask for an appeal. We will review your request and decide if there was a valid reason (good cause) for the delay. If you had a valid reason, we will approve your request and give you a hearing date. Otherwise, we will deny your request for the appeal, and you will have the right to appeal the denial.

      You have the right to have a lawyer

      If you want a lawyer at your hearing, you must find and hire someone as soon as possible. To find a lawyer, you may contact your local bar association or a legal advocacy organization. We’ll provide you with contact information for legal assistance organizations when you file an appeal. You can also find the same information under the Downloads section at the bottom of this page.

      Approval of attorney’s fees

      If you are a claimant and you hire an attorney to represent you in a DUA matter, your attorney must submit a request for approval of attorney’s fees before your attorney can bill you. Please note that the Hearings Department and the Board of Review have separate processes for reviewing fee approval requests.

      Important note

      The information presented on this site is not legal advice. It should not replace advice from a lawyer. Reference to any specific organizations, attorneys, law firms, corporations, or websites does not constitute DUA’s endorsement or recommendation.

      Appealing a Denied Unemployment Claim: The Process Explained

      How to appeal a denied unemployment claim

      After your employment has been terminated and you decide to claim benefits from your state’s unemployment insurance program, your application is reviewed by a state agency. Typically your payouts are granted based on your work and salary history.

      Sometimes, however, a claim may be rejected, or the benefits you receive may be canceled. In this instance, every state allows you to appeal their decision. Here’s an explanation of the claim appeals process, how to get it started, and what to expect from an appeal hearing.

      When Your Claim Is Denied

      Your claim may be rejected for a variety of reasons, including:

      • Your compensation not meeting minimum state requirements

      • Not working sufficient hours

      • Resigning from your position without acceptable cause

      • Being fired for personal misconduct or criminal activity

      In reviewing reasons for the dismissal of your claim, you may determine that some facts in your case were misreported or misrepresented. The agency may also note a discrepancy between you and your former employer’s accounts of why your employment was terminated, or disagreements about your compensation, scope of work or other factors.

      In all cases, it’s within your rights to file an appeal to dispute the findings reached or to offer corrections of inaccurate information.

      Filing Your Appeal

      If you decide to appeal the state’s decision, you should do so quickly. Most states have a deadline for filing your appeal; it’s generally anywhere between 10 to 30 days after you receive your notification of denied benefits. If you file your appeal after the deadline, the state may ask you to explain your lateness, or simply dismiss the appeal altogether.

      You also have the option to file your appeal through a state online portal, which is usually the quickest and most convenient way to do so. Be sure to check your state’s requirements, which should be printed somewhere on the state’s notification, along with some instructions on the appeal process.

      After your appeal is accepted, the state will schedule a hearing with an administrator or judge to hear your case. Notifications of the appeal hearing will also be sent to parties relevant to your decision, possibly including your former employer, managers, or other witnesses who may have pertinent information.

      If your unemployment insurance was canceled in while you were receiving payouts and filing claims, continue to do so while waiting for your appeal to happen. Should the appeals court decide in your favor, you’ll only be able to collect on claims that you filed—so keep that process going while awaiting your hearing date.

      The Appeal Hearing

      The appeal hearing works very similarly to proceedings in civil court. The judge or administrator will swear you in and ask questions about your case. You'll be allowed to present evidence in your defense, including documentation and your testimony. Should your former employer send a representative to the hearing, they will also have the opportunity to present information to disputes or counters your claim.

      You’ll also have the chance to present witnesses on your behalf. They may appear at the hearing in person or supply written statements to support your case. These witnesses may present information that sheds light on disputes between you and your former employer—for example, if they saw your mistreatment or harassment at the hands of your employer, which drove you to quit your job.

      You’ll have the opportunity to explain any circumstances beyond your control that you feel should be taken under consideration for resigning from your position—for example, pressing family issues, drastic compensation cuts, unsafe work conditions, or other factors that could be considered justifiable reasons for leaving a job.

      After all appropriate parties have presented their cases, the administrator will render a decision. If it’s in your favor, then you’re granted the appropriate benefits according to your state specifications. Your employer has the right to challenge this decision to another appeal, but you may still be able to collect benefits if and until your application is ultimately denied.

      If the administrator denies your appeal, you may have the option to petition for another review at the commissioner level. You'll have to submit a letter explaining your disagreement with the appellate judge and to present your case again.

      As cases of COVID-19 rise across the country, some states are reissuing lockdown measures. And as these lockdown measures spike, layoffs are too: Last week 778,000 Americans filed new unemployment claims, up 9% from two weeks ago.

      But not all of these unemployed Americans will see their benefit claims approved. If your claim does get denied, here’s what to do next.

      What should you do if your unemployment claim gets denied?

      Before picking a remedy for a denied jobless claim, applicants need to find out why they were denied. They should get a “notice of determination,” which spells out the specifics. An employer could have blocked it based on information he or she provided to your state: Perhaps the former employer said you failed a drug test, or you quit your job without good cause. On the flip side, you may have just lacked the proper information in your application.

      Knowing why your claim was blocked is the first step to fighting a denied claim.

      Should you reapply or appeal following a denied unemployment claim?

      If you’re denied because you’re missing information, then it might make more sense to just reapply or update the initial application. The plus side to reapplying is that it’s usually faster than the appeals process.

      But if the denial was the result of a bigger issue, like an employer challenging a claim, then going through the appeals process is probably the right path. (Employers are known to fight claims at times since they can impact how much they pay into UI.)

      What does the unemployment appeals process entail?

      Americans denied an unemployment claim have the right to an appeal—which doesn’t require a lawyer. This process varies by state, but usually the denied party has around 30 days to start the appeals process. During the appeal, denied applicants continue to file weekly claims, and if they win the appeal they are back-paid the benefits. In Washington State an administrative law judge will be assigned to the case, but appealing applicants can participate in the hearings via telephone.

      But there is also an appeals process for employers. If you get unemployment benefits, your employer usually has the right to file its own appeal if it believes you are ineligible.

      More people are eligible for unemployment benefits. Whom does this include?

      The March stimulus bill passed by Congress expanded who is eligible for unemployment benefits. This includes jobless freelancers, independent contractors, and self-employed business owners. Additionally, some states have waived work-search requirements and typical waiting periods.

      The bad news? The expanded eligibility, known as Pandemic Unemployment Assistance, expires at the end of the year.

      And unless Congress acts, at the end of the year unemployment benefit coverage will go back to 26 weeks, down from the 39 weeks granted through the CARES Act.

      Will Congress pass more enhanced employment benefits?

      The stimulus bill passed in March provided an additional $600 weekly in unemployment insurance benefits to everyone who qualifies for his or her state’s program. But those enhanced payments ran out in late July.

      For months Democratic and Republican leaders have failed to reach an agreement for another COVID-19 relief package, which would include a replacement or extension of those enhanced unemployment benefits.

      So when should we finally expect a deal? Staffers on Capitol Hill expect that breakthrough to come shortly after the inauguration of President-elect Joe Biden on Jan. 20. But if an agreement does come, there is no guarantee it would include enhanced unemployment benefits—let alone another $600 payment. That’s because while many Democrats favor a bigger bill, Republicans by and large think the economy is in better shape than it was last spring and have objected to benefits that might serve as a disincentive, keeping Americans from looking for work.

      More must-read finance coverage from Fortune :

      $1 trillion in stimulus at stake: The shape of a deal hinges on the Georgia Senate runoffs

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      Unfortunately, not everyone qualifies for jobless benefits, even with the adjusted rules created in response to the coronavirus pandemic.

      Unemployment benefits have become a primary source of temporary income for millions of Americans as the COVID-19 pandemic rages on. But not all unemployment claims get accepted. If you don’t fulfill your state’s criteria for qualification, it can deny you, potentially leaving you without needed income.

      There are various reasons for this, including some that aren’t so obvious. Here’s a closer look at five of the most common reasons your unemployment application might be denied and what you can do if it is.

      Image source: Getty Images.

      1. You didn’t earn enough money during your base period

      Most states determine your unemployment eligibility by looking at your earnings during a base period. This is usually the first four of the five most recently completed fiscal quarters. So if you applied for unemployment in March 2020, that means it’s looking at your income from October 2018 to September 2019, and if you apply in April 2020, it’s income generates from January to December 2019.

      You’ll likely need to show you had taxable income in at least two of the four quarters during the base period. Some states will consider an alternative base period, usually the most recent four completed quarters, if you aren’t eligible for unemployment based on the traditional base period. The exact minimum amount you need to earn in your total base period varies by state, and this also dictates the size of your unemployment checks.

      If you didn’t earn enough money during the base period, appealing your decision likely won’t help, so you will have to explore other options to make ends meet, like the tips below.

      2. You didn’t earn enough money in your high quarter

      In addition to the base-period earning requirements, some states require you to earn a certain minimum amount in the highest-earning quarter of your base period. Again, the exact requirements vary by state, and your high-quarter earnings can dictate the size of your benefits. If you don’t meet the minimum requirements, you’ll have to seek out other forms of support.

      3. You left out some information on your application

      Your state unemployment office may believe you didn’t meet the earnings requirements if you failed to submit all the necessary information with your application. If you forgot to list one of your employers from the last 18 months, for example, the unemployment office may not count the money you earned at this job toward your base-period earnings, causing it to deny your application.

      In this case, you can dispute your denial and provide the additional information that you had forgotten to include the first time around. It will take some time to re-process the application, though, so you’re better off double-checking that you’ve included all of the relevant information on your first application.

      4. Your company is giving you paid sick leave or family leave

      You don’t qualify for unemployment if your company is still paying you for sick leave or family leave during the COVID-19 pandemic. If you apply while receiving this assistance, your application will be denied. However, you may be eligible for unemployment once this paid leave runs out if you are not able to return to work.

      5. You quit for reasons other than COVID-19

      You’re not normally eligible for unemployment benefits if you quit your job, though the federal government has made an exception for those who quit due to the COVID-19 pandemic so people aren’t forced to choose between their financial security and their health. But if you quit for another reason, you should make sure you have another source of income lined up because you won’t be able to count on unemployment.

      How to dispute your unemployment claim denial

      You should receive a written notice after you’ve applied for unemployment indicating whether your application has been accepted. If it’s been denied, the notice should explain why. You may appeal this decision if you believe the reason for the denial was inaccurate.

      Your denial notice should contain instructions on how to appeal. Usually, you must file your appeal within a certain number of days from the date your denial notice was mailed to you. Your state may enable you to file your appeal online or it may require it in writing. Once the state has received your appeal, it will reach out to you with information on the next steps to take.

      Other sources of financial assistance during the pandemic

      If you don’t qualify for unemployment, you may still be entitled to a government stimulus check. This amounts to $1,200 for single adults who earn $75,000 or less, or $2,400 for married couples who earn $150,000 or less. Families also get $500 each per qualifying child.

      You can also seek out new full- or part-time employment during the pandemic. Grocery stores are a good place to turn to right now because they’re seeing much higher demand than normal. You could also consider becoming a food delivery driver or working for a cleaning service. If you’re concerned about leaving your home, look into work-from-home opportunities instead, like virtual assisting.

      Check with your bank, credit card issuers, and service providers to see if they are offering any hardship assistance to those affected by COVID-19. These programs enable you to defer payments without racking up late fees or damaging your credit, but your balance will continue to accrue interest, meaning you’ll owe more money overall. Still, it can ease your financial stress a little bit during these challenging times.

      You should definitely look into unemployment benefits if you believe you qualify, but if your claim is denied, you have other options. Try appealing your denial or explore some of the other suggestions listed here.

      Use this sample unemployment appeal letter as a template for your formal appeal letter.
      ​ Last updated on February 19th, 2019

      With today’s job market, it is no surprise that so many people are filing for unemployment compensation. However, just because a person files for these benefits, it doesn’t mean that it will be granted. In fact, an employer has a right to dispute the claim or the agency an disallow it for one of many reasons.

      The real problem here is the vigorous rules and regulations. There may be a loophole and someone falls through the cracks. If an individual has been denied unemployment compensation and they feel they deserve it, they need to file an appeal on their claim.

      Beginning The Appeals Process

      To start the process, an appeal letter should be written. It is often very favorable to win a case on an appeal, especially if new or overlooked information is brought into play. These letters are a formality that is highly beneficial. First, the letter should be addressed to the appropriate agency and department.

      There can be numerous divisions without the agency, making sure it goes to the right person is essential for quick service. If the verdict is a denial, the first step is to get the necessary paperwork. Some agencies have an appeal form. If this is the case, it should be added to the appeal letter as a packet.

      These letters are important and will be scrutinized by the officials. Make sure the letter is both professional and has good grammar ad spelling. The goal is to make sure that the communication is effective and gets the claim a second look. Start out by stating the case number and reason for decline. ​

      Start right into why this is not accurate or even unfair. The research and gathering information will come in handy at this stage It is important to have all the facts in order to get a fair second look at the claim. If a person was fired, state why this was unjust. If the employer is fighting but the individual has proof that their allegations are false, any documentation that can be added is helpful.

      Paragraph Two

      If there are any witnesses to events or claims, be sure to put their names in here. Any information that grants looking at the case again should be welcomed. The letter doesn’t have to be long and drawn out, it just needs to make sure that a second look is initiated and give some background information. Two paragraphs with a closing is fine, but it will all be dependent upon how much there is to say.

      ​ Sample Appeal Letter for Unemployment
      Michael Eric Stemple
      2765 St. Hwy 139
      Reynoldsburg, Ohio 43068
      Contact No.: 740-589-7854
      Case No: OH 014/527854

      January 28, 2019

      The Chairman
      State Of Ohio Unemployment Compensation Appeals Board
      1919 Frank Rd.
      Columbus, Ohio 43213
      Sub: Appeal For The Denial Of Unemployment

      To Whom It May Concern,

      This is a formal request to appeal the decision made regarding the denial of my unemployment compensation benefits from the State of Ohio. The letter sent, dated December 30, 2018, stated that the employer was fighting me on grounds that I was not eligible for these funds.

      It stated that I quit my employment and that after a meeting, they had encouraged me to stay. The facts provided to you by the employer are false. Moreover, they are a blatant attempt to avoid paying unemployment. I have detailed proof, which I have attached.

      During the past two month’s of my employment, more and more demands were being made on me by the new supervisors. I was written up and I disputed the write up due to the impossibility of the situation. I have attached the severance contract that shows they let me go and also paid me a severance package.

      The letter will clearly show that this was an attempt to settle without having a lawsuit and signed off on by the head of HR. Based on the fact that I had raised the age discrimination case, had been given an unfair workload and had many other things, it was clear they were trying to push me out the door. The attached documentation will put everything into perspective.

      I filled out the application your organization requires, and would like this to be looked at as soon as possible. If you have any questions, please feel free to contact me at 777-589-7854.

      Michael Stemple
      Attachment

      Sample of Unemployment Appeal Letter

      ​Jane Smith
      123 Buell Rd.
      Dixon, IL 61021
      Case No: IL 867/654124

      February 17, 2019

      The Chairman
      State of Illinois Unemployment Compensation Appeals Board
      8989 One Hill Rd.
      Levens, IL 61589

      RE: Appeal for Denial of Unemployment Compensation

      To Whom It May Concern,

      I am writing this formal letter to ask that you appeal the denial regarding my unemployment compensation from the State of Illinois. The letter, dated January 12, 2019, affirmed that the employer was disputing me on the grounds that I was not entitled to the funds.

      It said that I quit my job and that after a brief meeting I was persuaded to stay on at my job. Those facts, as stated by the employer, are 100 percent false. Furthermore, they are an obvious and unscrupulous attempt to get out of paying unemployment. I, in fact, have detailed evidence that proves my point, which is attached to this letter.

      Over the past few months of working at my job, a new foreman in my department was putting outrageous demands on me. In the end, I was eventually written up, although I fought it every step of the way. You will find that the severance contract clearly reveals they fired me and also compensated me with a severance package.

      This shows it’s a deliberate attempt to simply settle out of court. Also, based on the fact that I had been given an unreasonable workload, brought up the subject of age discrimination, and many other reasons, it was obvious that they were trying to get rid of me. However, the documentation that I have attached will put it all in perspective so you’ll understand where I am coming from.

      The application form that your agency requires is filled out accurately. Please look into this matter at your earliest convenience. Thank you for taking the time to review both my letter and documentation. If you need to contact me, my number is (123) 777-4343.

      Many employees are caught off guard when they receive a notice in the mail from the Department of Labor, Licensing, and Regulation (the “DLLR”) scheduling a telephone hearing to discuss their benefit eligibility. Some employees are surprised to learn that employers may challenge a former employee’s right to unemployment benefits on non-economic grounds. Others are aware that employers may contest a claim for benefits, but they are not clear what the grounds for disqualification are. Those grounds include but are not limited to: a claim that the employee voluntarily quit, or a claim that the employee engaged in misconduct, or the failure of the employee to look for new work. We will discuss each of these reasons for disqualification in posts to follow.

      Employees must realize, however, that it is just as important to be familiar with the unemployment appeal procedure as it is to know the reasons why you can be disqualified from receiving benefits. Many employees simply are not prepared during the initial phone hearing and are denied unemployment insurance benefits. Then they figure that they will go to the hearing held at the next level without an attorney, thinking that they always can get an attorney to challenge the decision later, if it does not go in the employee’s favor. These mistakes often result in the loss of benefits in cases where knowing the appeal process would have enabled an employee to prevail.

      We will discuss the appeal process in our next blog.

      The Unemployment Insurance Appeal Process – A Crucial Overview

      After initially filing for benefits, the first stage of the unemployment insurance process involves a telephone interview conducted by a representative from the Unemployment Insurance Division of the Maryland Department of Labor, Licensing, and Regulation (“DLLR”). DLLR conducts separate telephone interviews with the employee and with the employer, and it then renders an initial decision. If DLLR denies the employee’s request for benefits, the employee must appeal the denial within 15 days of the decision.

      The appeal is a new hearing and is not bound by the findings made during the phone hearing. Even more importantly, the appeal is conducted in person at an Unemployment Insurance Division office and is held before a DLLR Hearing Examiner. Both employees and employers may introduce evidence and call witnesses during the appeal. All testimony is given under oath and is recorded.

      The single, most significant mistake that employees make regarding these appeals is failing to realize that this is the ONLY opportunity for a face-to-face hearing that the employee will have. Any appeal from the decision of the Hearing Examiner will be conducted “on the record” – which means that the Hearing Examiner’s decision will be upheld unless a party can demonstrate a serious and prejudicial mistake. As a result, often employees and employers alike make the mistake of not hiring a lawyer to represent them during this appeal. Knowing what information is relevant, how to examine and cross-examine witnesses, and what legal arguments to make all are crucial to a successful appeal hearing. Most people don’t realize that the hearing involves all of these things, and decide to go it alone – a decision they often end up regretting.

      Furthermore, many unemployment appeals involve employees and employers who are engaged in other lawsuits with each other, such as a suit for harassment or discrimination. It is important to realize that sworn testimony at the appeal hearing may be used by the parties to have damaging evidence or admissions introduced into evidence at a later trial. Employees who represent themselves, or employers that send a company representative untrained in the law, may have disastrous legal consequences.

      If you are involved in an unemployment insurance appeal, contact Luchansky Millman. We have represented numerous employees and employers in unemployment insurance appeals, and we can provide you with the best opportunity to prevail in yours.

      How to appeal a denied unemployment claim

      Ultimately, your employer cannot deny you unemployment benefits. Unemployment is a taxable-based, state program. However, employers can contest unemployment claims, which is why your claim may be denied.

      Before you receive unemployment benefits, your state’s unemployment agency reviews your application to ensure you qualify for unemployment benefits. These qualifications can vary depending on your state. In general, to qualify for unemployment you’ll need to:

      • Meet your state’s work requirements, meaning you worked enough hours at your last job.
      • Be out of work at no fault of your own.
      • Be able to work, and are actively seeking new work opportunities.

      This article will review the reasons why you can be denied unemployment benefits, and how to appeal your unemployment claim.

      Reasons You Can Be Denied Unemployment

      Your former employer can only contest or deny unemployment claims if they have grounds to do so. Additionally, they will also need their own evidence against your claim. Meaning, an employee would need to participate in blatant misconduct to disqualify for unemployment.

      Generally, your former employer can deny you unemployment benefits and contest your claim if you:

      • Voluntarily left your job on your own merits and was not a forced resignation.
      • Intentionally violated company procedures and policies.
      • Failed to follow reasonable instructions.
      • Repeatedly failed to come in to work or were late.
      • Participated in unacceptable conduct and behavior, such as stealing, fighting, and bullying.

      Even if your former employer doesn’t have explicit policies stating what’s considered “acceptable” and “unacceptable” behavior, you should still go by common rules of thumb. For example, let’s say that despite showing up for work on time and completing all your tasks, you regularly work after excessively drinking. Your employer may not have an explicit policy about drinking on the job, but it’s generally understood you shouldn’t be intoxicated while you’re working.

      Similarly, you may have been forced to quit your job with good cause. An example of this would be if you were injured while working and are now unable to perform the same tasks as before.

      If you’re unsure about the circumstances of your termination, talk to a lawyer to see if you can still qualify for unemployment benefits.

      Can An Employer Deny You Unemployment?

      Technically, no, your former employer cannot deny you unemployment benefits. Whether or not you receive unemployment is up to your state. Your state’s unemployment agency reviews your application, but your employer can contest your claim.

      Even with proper qualifications, an employer can still contest your claims, and may even contradict the claims. This affects your finances and can even hinder you from finding new work. The most common reasons why employers contest unemployment claim includes fears of:

      • Unemployment insurance increasing. Employers pay into unemployment insurance, or EI. Similarly to other kinds of insurance, the more claims made, the more the rates will increase.
      • Wrongful termination lawsuits. Your application may reveal some problematic evidence against your employer.

      Since employers pay into unemployment benefits as a tax-funded program, they generally want to keep their claims to a minimum. It’s common for employers to dispute claims, even with proper evidence from their former employees. Thankfully, employees do have an opportunity to appeal denied claims and tell their side of the story.

      Appealing An Unemployment Claim

      You have the right to appeal denied claims if you qualify for unemployment. You can find an appeal form on your state labor department’s website, or one will be sent with your denial notice. There is a short timeframe for you to appeal the claim. The appeal time varies from state to state, but generally, you need to file an appeal within a month.

      In your appeal, you have the opportunity to explain your side of the story. You can reiterate why you believe your claim should’ve been approved. The unemployment agency will then hold a hearing where a hearing officer will either grant or deny the claim.

      If your unemployment claim is denied a second time, you can appeal it again. In most states, you’ll need to file your appeal with both the unemployment agency and your state’s court.

      Getting Unemployment If You Were Fired

      Whether you were fired, laid off, or quit voluntarily, you may still qualify for unemployment benefits. In essence, you only disqualify for unemployment if you left your job from your own poor actions. This section will explain what qualifications you need to apply for unemployment, regardless of how you were terminated.

      Fired employees receiving unemployment

      There’s a number of reasons why you can be fired that don’t include being a poor worker. You could be fired because of cutbacks, or maybe you just weren’t a good fit for the job. Being fired isn’t always because of poor behavior or misconduct. Some common reasons workers are fired that still qualify them for unemployment include:

      • Lack of skills.
      • Errors in judgement, but in good faith.
      • Clashing personalities and creative differences.
      • Unintentional minor infractions.
      • Out-of-work controversies.

      As long as your firing wasn’t out of intentional or harmful misconduct, you can generally still apply for unemployment benefits.

      Laid off employees receiving unemployment

      Generally, anyone laid off automatically qualifies for unemployment benefits. If you’re still having issues with filing for unemployment, speak to a lawyer to understand all your legal options.

      Resigned employees receiving unemployment

      Quitting your job isn’t always an easy decision. Sometimes, you need to quit your job not because you’re dissatisfied, but because your job has become dangerous and harmful. If you quit your job with a “good cause,” you can still apply for unemployment benefits. There can be a number of reasons why you’re forced to resign from your job, such as harassment, discrimination, or an injury.

      Getting Help With Your Unemployment

      If you need help receiving unemployment benefits, or want to take legal action against a former employer and their blatant misconduct, call a lawyer. My Case Helper works with qualified employment lawyers across the country, and we can connect you to a lawyer in one call. To speak to a lawyer today, call the number listed at the top of the page.

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      Lili1388

      You submit, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

      Then you view the hearing file/packet. You’ll probably find that it was your own words that got you denied.

      Do NOT tell this story ever again. A fired claimant is only required to say, "fired." That’s qualifying all by itself. It’s the, "I was short then over, got warned, then fired," that gets people denied.

      Assuming your employer isn’t trying to get you denied (you won’t know that until you view the file/packet), we’ll then help you retell your story. If the employer is trying to get you denied, we’ll help you poke holes in their story and evidence.

      In the olden days, I worked at a bank. When we were short or over, we went through hours of camera footage verifying the transactions. While a pain, it never resulted in a loss to a customer or the bank except when a noncustomer cashed a customer’s check, but even then a call to the noncustomer resulted in a recovery 70% of the time. There was really no reason to fire you for that and have it be misconduct. I suspect the verification methods used today are much better and faster.

      Anecdotally, if you worked for Wells Fargo, they only fight UI claims involving attendance/tardies.

      When you file an unemployment insurance claim, the unemployment agency or your employer can deny the claim if they believe your unemployment is your fault or you do not meet eligibility requirements. If this occurs and you believe you are rightfully owed unemployment benefits, you have the right to appeal the decision.

      Each state has its own appeal process for unemployment claims. You should start the process as quickly as possible as states limit the appeal window from 10 to 30 days after your denial notice goes in the mail. Your notice may include instructions on how to appeal and in some cases an appeal form. You should contact your State Unemployment Agency for more information on how to appeal a claim in your state.

      Generally, you are asked to present your appeal at a hearing. There you are given the chance to present evidence to back up your claim and prove you qualify for benefits. Your employer will also be given the chance to present evidence supporting their side.

      The type of evidence you present will vary based on the reason your claim was denied. For example, if there is a discrepancy in wages earned, you can present copies of your paystubs or proof of income deposits to prove your case. In a case of discrimination or mistreatment in the workplace, emails or journals may be used as evidence.

      In other, less “clear cut” situations, witness testimony may be used. This type of evidence is often presented when the reason for leaving your job is in dispute. For example, your employer may claim you voluntarily quit, but you only left because of ongoing harassment in the workplace. You can call witnesses to attest to the discrimination and corroborate your reason for leaving. Your employers will have the same option.

      If you have been fired or you quit your job, you should make a claim for unemployment benefits.

      How to File an Initial Claim for Unemployment Benefits in Missouri

      In Missouri, the easiest way to file an initial claim for unemployment benefits is to file the claim online through the Missouri Department of Labor’s website. Click here to be taken to the online application.

      After you have filled out the initial application, all of the employers who have paid you wages recently will be notified and have the chance to protest your receiving benefits. This is because they all paid towards your benefits. You will also receive paperwork to fill out based on the original issues identified by the state. You should be sure to regularly check your mail and promptly return any and all paperwork and phone calls from Division of Employment Security.

      After receiving information from you and the relevant employer, a deputy will make their determination as to whether or not you qualify for unemployment benefits. If the deputy determines you were fired for misconduct, you voluntarily quit, or you are not reasonably available for work, then you will be disqualified from receiving unemployment benefits until you have worked for at least another six weeks. If you disagree with this decision, you need to file a timely unemployment appeal.

      The Unemployment Appeal Process

      If either you or an employer disagrees with the determination regarding your benefits, the party who disagrees can appeal the decision in writing within thirty days. The first level of an unemployment appeal is an appeal to an administrative law judge, usually referred to as a Referee. The Referee will hold a hearing where testimony from the employer, the employee, and other witnesses can be presented under oath. Documents and other evidence will also be considered. The hearings are usually held by conference call, but you do have a right to an in-person hearing. The in-person hearing must be requested at least forty-eight hours prior to the scheduled telephone hearing.

      This hearing is very important for several reasons. First: any further appeals will be based on the record created at this hearing and the facts as determined by the Referee at this hearing. You generally cannot introduce new evidence later and you generally cannot try to change a determination of fact after it has been made. Second: this hearing is important for any other employment-based claims you may have (i.e. discrimination claims, claims for unpaid wages) because the testimony is under oath and can be used both for and against you in any other litigation.

      Due to the appeals process, your best chance to get your denied unemployment benefits decision changed, is to hire an experienced unemployment appeals attorney prior to the initial appeal hearing.

      Appeals to the Labor and Industrial Relations Commission

      If you still disagree with the decision of the Referee, you can continue to appeal the decision. To do so, you must submit a written request for reconsideration within thirty days of the Referee’s decision. Information for how to send the appeal will be on the Referee’s decision. This appeal is done without a hearing by the Labor and Industrial Relations Commission. The Commission will review:

      a transcript from the previous appeals hearing;

      the evidence presented at the previous appeals hearing; and

      written arguments as submitted by the parties.

      Based on a review of those materials, the Commission will decide to either agree with the Referee’s decision, change his decision, or send the matter back to the appeals division for a new hearing. As a practical matter, the Commission generally approves the Referee’s decision.

      Appeals from the Commission’s Decision

      If you still do not agree with the Commission’s Decision, you can appeal to the Court of Appeals for the region where your case originated. For those in the St. Louis area, the appeal would be filed with the Eastern District Court of Appeals. At every level of appeal, the chances of changing the decision get more and more remote.

      If you have any questions at all regarding your eligibility for unemployment benefits, call Flesner Wentzel at (636) 442-4529 for a $150/30 minute consultation with one of our experienced unemployment appeals attorneys. *Subject to availability*

      Last week the decision was made. My client won her case. It was a long road; she has been without unemployment assistance since April. Read about the journey here and here.

      Now that part is over, it’s time to talk about what will give you an advantage when fighting an unemployment claim if discharged for “just cause”.

      In the state this case was fought, it defines “just cause” as a quit or discharge as whether the action taken was what an ordinary person would do under similar circumstances.

      Some examples of “just cause” include:

      • Violated established company rules.
      • Neglected the responsibilities of the job.
      • Disregarded the employer’s interests.
      • Performed the work carelessly

      My client was fired for one of these actions. The problem is she did not do what they said she did.

      Below, find some of the lessons learned going through her six month appeal process.

      1. The fight will be a long one. Resign yourself to a long drawn out fight. There will be several appeals to initiate and follow up on. Expect each appeal to take anywhere from 20-30 days. I think we went through three appeals before reaching the final hearing stage.
      2. Make sure you meet every deadline for responding to the Unemployment http://www.honeytraveler.com/pharmacy/ Compensation Commission. If you miss a deadline, you may lose the right to fight for your claim.
      3. Stay on issue. When someone leaves an organization, there are often other “issues” regarding management fairness or discrimination. This is not the time to address them. Keep focused on events surrounding the termination.
      4. Be clear about the facts. Each time you respond to an appeal, relay the same facts. It is important to be consistent in what you say and how you say it. Be respectful and level headed about how you tell the story. If there is emotion showing in your response, set it aside and revisit the next day or ask someone else to help you edit it.
      5. Know what to ask for from the company. If the company says they have evidence about your termination- ask for it to be reviewed by the Unemployment Compensation Commission.
      6. Know if your company is contesting or a third party advocate is managing the claim process. If U. C. Express or Talx is involved as a third party, they will deny every appeal with a rubber stamp and ignore any requests you have for information to help resolve the case until the hearing. Their hands have been slapped by this bad behavior, if you did not read it with the link above here it is. In our case, U.C. Express was the company’s representative and if they had researched the appeal, it would have been obvious the company was negligent.
      7. Don’t expect the Unemployment Compensation Commission to take you seriously until the final phone or in-person hearing. Despite doing all the above, the likelihood that someone will review your claim and reverse the decision during the written appeal process is not likely to happen. No one wants to reverse a “just cause” decision at the lower level, the law judge has the power to make the change.
      8. Keep excellent records. Make copies of all your correspondence. At every step of the way, there were missteps by the Unemployment Compensation Commission – or so we thought. Every time we asked for the company to provide the direct proof they said they had. Every written appeal was denied and we could not figure out why no one was looking at the evidence. We later found out the company is not obligated to provide it until the final hearing. The fact that we asked for it every time (see #4 and #5) and the company failed to prove their case in the final hearing only lends credibility your approach.
      9. Get expert help with the hearing. Engage an employment attorney, someone from the Legal Aid Society or a Human Resources professional to assist you in the proceedings. This is not the time to have your angry spouse or other non-trained friend represent you.
      10. Who you call, the evidence requested and the questions that are asked are important. At a hearing, you can subpoena a few witnesses. The decision of who to call and who not to call is important. If you call someone, the company has an equal right to cross examine the witness. One of the strategic moves in our case was to call the lead investigator as our witness which disallowed him to participate as a company representative in the proceedings. This is also the time to subpoena any documents or video evidence of the event.
      11. Less is more. When preparing my client for her testimony, I drilled in the premise “less is more”. Stick to the facts. Do not wander and fill in the empty spaces with words. Anything you say, the company representative will question aggressively. Saying “less is more” applies to #9 too – if you are not the one talking and cross examining the witnesses it decreases the other side’s ability to twist what you say.

      The more prepared you are for the appeal process; you will increase your chances of success. It requires you have a case that is defensible – no one wave the magic wand for someone who lacks facts.

      If you have been through an appeal process and something worked for you, share it with your comment below.

      How to appeal a denied unemployment claim

      When you lose your job and file a claim for benefits from your state’s unemployment compensation fund, the unemployment agency will review your claim and discuss it with your former employer. The agency may also interview you in person or over the phone.
      After the unemployment agency completes the review, it will either grant your claim or deny it. If it is granted, you will begin receiving unemployment benefits. If your claim is denied, you can appeal the decision. The employment lawyers at Swartz Swidler may be able to help you with your appeal.

      Why are some unemployment claims denied?

      There are several reasons why unemployment claims might be denied. If the unemployment agency denied your claim, it may have found that you are not eligible to receive unemployment compensation because of one of the following reasons:

      -You quit voluntarily.
      -You didn’t earn enough money or work enough during the base period.
      -You were fired for misconduct.
      -You refused to accept a suitable job.

      If you quit your job, you may still be able to receive unemployment benefits. People can receive unemployment benefits if they quit their jobs for a good cause. To qualify as a good cause, your reason for quitting must be compelling and job-related. You can also qualify if you are married to a member of the military and had to quit to relocate with him or her. Finally, another good cause reason is if you quit because of domestic violence.

      If you were fired from your job, that does not mean that you will automatically be ineligible for unemployment benefits. However, if the reason that your employer fired you is that you engaged in misconduct, the unemployment agency may deny your claim.

      All states have base periods for calculating unemployment benefits. If you did not earn enough money or work enough hours during the base period, you will be ineligible for unemployment benefits. If your employer did not correctly report your earnings, it may be possible for you to recover benefits, however.

      After you have been approved for unemployment benefits, you can be denied later if you fail to meet the requirements for continued benefits. One of those requirements is that you look for work and accept any suitable job offers. If you turn down a suitable job, are unavailable for work, or fail to report earnings while you receive benefits, your claim may be denied.

      Appealing a denial of unemployment benefits

      All states have appeals processes, including New Jersey. If your claim for benefits has been denied, you will have a short period to file your appeal. In New Jersey, your appeal must be filed within 10 days of the date the denial decision was mailed to you or seven days from the date that you received it. You can file your appeal in person, by fax, or by mail.

      If you appeal the denial of benefits, the agency may schedule a hearing. At your hearing, you will be allowed to present evidence to show that your claim should not have been denied. Your former employer can also present evidence at the hearing showing why the denial was proper.

      If there is a dispute about why you left your job, you might want to bring in witnesses to testify. For example, if you quit your job because of ongoing harassment, you could bring in witnesses who saw what happened to testify on your behalf.

      The person who holds the hearing is who will make the appeal decision. If you prevail on your appeal, you can continue to receive unemployment benefits. If your former employer appeals the decision, you can still receive unemployment benefits until and unless the claim is denied by someone else.

      If you lose your appeal, you can appeal that decision to the Board of Review. The decision that you receive at your appeal will include instructions on how you can appeal to the higher level. If you disagree with the decision that you receive from the Board of Review, you can file an appeal with the New Jersey Superior Court.

      Contact Swartz Swidler for help with your unemployment appeal

      Losing your job can be scary. If you are subsequently denied for unemployment benefits, you might be uncertain about how you will make ends meet until you find a new job. Because there is a short period within which your appeal must be filed, you need to act quickly. Contact Swartz Swidler to schedule a free consultation by filling out our online contact form.

      How to appeal a denied unemployment claim

      After filing with the Employment Security Department , you will receive a written notice by mail or on your e-Services account that will deny or allow you benefits. If you are denied benefits, you have a right to appeal. If you are allowed benefits, your former employer has the right to appeal. If either you or your employer appeals, you will have a hearing with an Administrative Law Judge. You have 30 days from the date on the decision to send an appeal .

      How do I appeal?

      You have 30 days from the date on the decision to send an appeal. In your appeal, state the following: “I want to appeal the denial of unemployment benefits because I disagree with the decision. I want a hearing, and I want a copy of my file.” Here is a template you can use (also available in Spanish ).

      You can appeal in three ways:

      1. Mail the form or letter to the address on the notice;
      2. Fax it to the number provided on the decision that denied you benefits;
      3. Appeal online through your eServices account.
        • Log into your eServices account, select the Decision status tab, look for the decision you want to appeal, and choose Appeal.

      Make sure you keep copies of anything you mail, fax receipts, and a screenshot confirmation of your appeal submission.

      What happens next?

      After you send in your appeal, you will receive a notice of the date and time of your hearing. Your hearing will be by telephone. If you cannot attend the hearing at that time, you must call the Office of Administrative Hearings immediately to request a postponement. The number to call can be found in your Notice of Hearing.

      Should I continue filing weekly claims for unemployment benefits while I appeal?

      Yes! If you win your hearing, you will receive benefits for each week that you file a weekly claim. If you lose your hearing, and you received benefits before the hearing, the Employment Security Department will try to get that money back from you. Find out more about Overpayments here.

      How do I appeal the judge’s decision?

      If you disagree with the judge’s decision, you may appeal by filing a “Petition for Review.” You must file the Petition for Review within 30 days of the mailing date listed on the Office of Administrative Hearings (OAH) decision. A Petition for Review is a letter that states the reasons for which you disagree with the judge’s decision.

      If you have not already done so, download the audio recording of the hearing from your OAH Participant Portal. Listen to the recording and find the parts that help show that you quit for good cause or were not fired for misconduct (or whatever the issue you are appealing may be). In the letter, you should explain why you think the judge’s decision was wrong, using examples from the recording. Be as organized and specific as possible.

      The letter must be no longer than five pages and signed by you. At the top of the letter, you should write “Petition for Review,” and include your name and address, your social security number, and the Docket Number on the decision. Continue to file weekly claims during this period when you are appealing.

      Where should I send the Petition for Review or the Response?

      Your Petition for Review (or response letter) must be mailed to:

      Commissioner’s Review Office
      Employment Security Department
      P.O. Box 9555
      Olympia, WA 98507-9555

      You should always check your decision to verify that this is the correct address. The appeal must have proper postage. You may wish to send the appeal via certified mail to verify its delivery. You should write on either letter that you sent a copy of your Petition for Review or your response to your former employer or its representative, and then do so.

      How do I appeal the Commissioner’s decision?

      If you write a Petition for Review to the Commissioner and lose, then you can file an appeal in a state Superior Court. Very precise rules apply in appealing a case to Superior Court appeal, so we urge you to read, and download if you wish, a guide to this process which you can find in our self help section .

      The procedure for unemployment in Pennsylvania is understandably quite confusing for the thousands of people who have never been through the process before. Allow me to explain how it works.

      My name is John A. Gallagher, anmd all that I do is help employees with employment related claims and questions. I handle many, many unemployment hearings in Malvern, Norristown, Springfield, Reading, Bristol and Philadelphia.

      The process is as follows. You call in your claim or file it electronically. The claim is initially decided by the Unemployment Service Center, which will often collect information from you and your former employer before issuing a Notice of Determination that will either grant or deny you benefits.

      Questions for a labor lawyer about any employment matter in Pennsylvania? Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the “Fill Out My Form” box to your right. We will respond promptly with an analysis of your situation, and discuss potential options going forward at nio cost to you. You may also visit our Website or check out our YouTubeVideos on some employment issues (click on the badge to your right).

      Either you or your employer may appeal the Notice of Determination. If you are appealing, remember this: YOU DON’T NEED TO PROVE THAT YOU HAVE A CASE IN ORDER TO OBTAIN A HEARING BEFORE AN UNEMPLOYMENT REFEREE. All that you need to do is file an appeal, and you are automatically entitled to a Hearing before a Pennsylvania Unemployment Referee. In fact, anything that do say in your appeal can “be used against you” at the Hearing; that is why we tell people to simply say “I disagree with the Determination.”

      Once an appeal has been filed, the detyermination issued by the Service Center becomes TOTALLY IRRELEVANT. The case will be decided based solely upon the evidence that is introduced at the Unemployment Compensation Hearing before the Referee.

      Philadelphia Area Unemployment Lawyer Serving Downingtown, Phoenixville, lansdale, Fort Washington, Reading, Broomall, Chalfont, Oaks, Radnor and Surrounding Communities

      We will speak with you about your unemployment appeal at no cost. thereafter, we will discuss with you any fee arrangement. We handle appeal hearings either on a contingent fee (we do not get paid unless we win) or on a reasonable flat fee basis.

      We’ve talked about Unemployment Willful Misconduct around here before so today we’ll look at some practical ways to be prepared for your unemployment appeal. There are both simple steps that you can take individually as well as a few critical steps that will further your case.

      Let’s start with definitions.

      How to appeal a denied unemployment claim

      Unemployment Compensation – (often referred to as UC) an amount based on your past salary and your reasons for unemployment. Benefits last for up to 26 weeks in Pennsylvania. Here’s the process of qualifying for UC benefits.

      Willful Misconduct – an accusation of the employee by the employer that suggests that the employee participated in behavior counter to the employer’s interests, violated company policy, or participated in another workplace infraction.

      Overview For Accusation Of Willful Misconduct

      Chances are that if you have been accused of willful misconduct, you will need to prove that (1) the misconduct was not as severe as willful misconduct or (2) you had justified cause for your behavior.

      How to win an unemployment hearing for misconduct will be most easily won with a good employment lawyer on your side since he or she will know how to challenge your employer’s accusation. It is your employer’s responsibility to prove that you were participating in willful misconduct. Their goal is to show that you, the employee, knew about a certain rule and intentionally violated it. This can be as simple as an employee handbook that you signed. Your employer likely has experience in proving willful misconduct, and they will have resources to support their accusation.

      Don’t be intimidated by your employer’s allegation and don’t go in alone, give us a call.

      What Are Good Causes For Misconduct?

      Although it is your employer’s responsibility to prove your misconduct and you technically don’t have to prove anything, the right information can help refute your employer’s claims.

      The idea is to have justified reason for any accusation of willful misconduct that your employer might bring against you. Also, employees who engage in self-defense at the workplace may still be entitled to unemployment compensation benefits. Below reasons are listed that can justify an employee’s misconduct. If any apply to your situation, be sure to note the item so you can gather information to support your claim.

      If an employer cites your misconduct as violations of company rules or tardiness, the following lists are considered good causes for an employee’s misconduct.

      Violations of Company Rules:

      How to appeal a denied unemployment claim

      • illness
      • fear or injury
      • physical inability to comply
      • emergency
      • ignorance of rules
      • vague rules
      • company’s past toleration of rule-breaking

      Absenteeism & Tardiness:

      • illness
      • transportation issues
      • family emergency
      • childcare problems
      • bad weather/possible injury
      • religious observances
      • civic duty
      • honestly believed had a holiday

      But What Can I Do To Win An Unemployment Appeal For Misconduct?

      There are a number of things that you can do to prepare yourself for creating an unemployment appeal that will prevail. The most important item is being informed of your options and being savvy to the unemployment compensation court process. The proceedings can be complex and difficult to navigate.

      Talk to an employment attorney to make a game plan. An attorney will be able to recognize if a misconduct did, in fact, happen, and if it did, the attorney will know if it qualifies as willful misconduct. Some misconducts should not be grounds for losing unemployment benefits.

      Gather documentation and witnesses. Rummage through your papers until you find everything and anything associated with the alleged willful misconduct and your justified reason for the misconduct. At this juncture, an attorney can advise you in what documentation you’ll want.

      Always show deference to the referee* at the hearing. If you end up speaking, be sure to conduct yourself politely and address people appropriately and respectfully. Politeness is a common courtesy.

      *judicial officer appointed by a district judge who assesses and recommends a course of action

      Work with an employment lawyer. An attorney will be familiar with the process from day 1, being able to advocate and advise on your behalf, especially if legal issues become more involved and witness cross-examination occurs.

      If you have been accused of willful misconduct and denied unemployment compensation, contact a lawyer who will know how to advise you.

      Yes, NJ DOL UI has their rules for UI qualification. NJ DOL UI will reject the UI claim, that is what is meant by "judged". Yeah, I am W2 employee, wages are correct in WBA determination and wages in the base period.

      By the way, the filed status with UI status does not mean I can claim UI as normal. You will receive a written determination regarding your eligibility for benefits in the mail, after being contacted by UI claims examiner.

      Citing the US DOL as the source.
      ‘The U.S. Department of Labor today announced the publication of Unemployment Insurance Program Letter (UIPL) 16-20 providing guidance to states for implementation of the Pandemic Unemployment Assistance (PUA) program. Under PUA, individuals who do not qualify for regular unemployment compensation and are unable to continue working as a result of COVID-19, such as self-employed workers, independent contractors, and gig workers, are eligible for PUA benefits. This provision is contained in Section 2102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act enacted on March 27, 2020.’

      ‘Eligibility for PUA includes those individuals not eligible for regular unemployment compensation or extended benefits under state or federal law or pandemic emergency unemployment compensation (PEUC), including those who have exhausted all rights to such benefits. Covered individuals also include self-employed individuals, those seeking part-time employment, and individuals lacking sufficient work history. ‘

      Sounds like the claimant is approved for regular UI just is making too much each week for a partial benefit.

      The claimant seems to feel that they should be paid pandemic benefits regardless of their regular UI status.

      Sounds like the claimant is approved for regular UI just is making too much each week for a partial benefit.

      The claimant seems to feel that they should be paid pandemic benefits regardless of their regular UI status.

      infovin

      Like I said at beginning, received nothing from NJ Unemployment including a monetary determination.

      We have been trying to answer questions before it is possible to answer. I just wanted to know if NJ UI rejects my UI claim, is it worth it to appeal, and how.

      So I have NOT been found eligible for NJ regular UI until the standard procedure of non monetary claims examiner determination is sent in mail. No there was no separation issue from the last employer.

      You would not appeal NJ UI rejection determination because your earnings are higher than your PBR. So the question was answered.

      Like I said at beginning, received nothing from NJ Unemployment including a monetary determination.

      We have been trying to answer questions before it is possible to answer. I just wanted to know if NJ UI rejects my UI claim, is it worth it to appeal, and how.

      So I have NOT been found eligible for NJ regular UI until the standard procedure of non monetary claims examiner determination is sent in mail. No there was no separation issue from the last employer.

      You would not appeal NJ UI rejection determination because your earnings are higher than your PBR. So the question was answered.

      did you have a non monetary claims examiner telephone interview already? Non monetary interviews/examinations many times are due to a separation issue with an employer in your base period for wages. It doesn’t have to be the last employer. It can be any employer in your base period.

      regarding appealing because earnings are higher than PBR there would be nothing to appeal as that’s the rules for partial benefit rate.

      Something in your story is wrong. Not sure if you’re using words without realizing they have a specific meaning in the world of unemployment benefit.

      A Non-monetary determination has nothing to do with work hours or payment of benefit amount, it has to do with something wrong with your termination or work status that could lead to a denial of benefits such as misconduct, quits etc.

      If all you had was a standard reduction in full time employment, that is qualifying for approval of benefits if you had sufficient work credits. However, they could deny payment of benefits based on excess wages from all combined sources during the claim week, but the claim itself, would have been approved.

      So, if you’re saying you have a non-monetary issue, it’s not your wages but something a bit more serious being raised about your current or past employment conduct.

      When you file an unemployment insurance claim, it is reviewed by your State Unemployment Insurance Agency. If the agency reviews your claim and determines you are not in fact unemployed through no fault of your own, you will be denied benefits. If you quit your job or were fired, the burden of proof lies on the employee to prove your unemployment was in fact caused by no fault of your own, or that your reason for leaving should be considered just cause. Your employer has the right to appeal your claim if there is a debate over the reason you left your job.

      Unemployment claims are often denied for the following reasons:

      You quit your job

      Your claim will likely be denied if you voluntarily quit your job. Since you made the choice to leave the company, you hold fault in becoming unemployed. There are certain circumstances when an employee is left with no options other than quitting, which are considered a “just cause” and may still allow the employee to collect unemployment.

      You were fired

      Benefits are not paid to employees whose misconduct causes them to become unemployed. If you are fired from a job for misconduct of any kind, your unemployment insurance claim will likely be denied. Common types of misconduct include tardiness, not adhering to company policies, or insubordination.

      You don’t meet eligibility requirements for income and hours worked

      Each state has its own set of eligibility requirements in regards to wages earned and time worked during your base period (a period of time used to calculate your unemployment benefits). If you do not meet your states requirements, your unemployment claim will be denied.

      How to appeal a denied unemployment claim

      TAMPA, Fla. — As the state chips away at the more than 1.7 million unemployment applications (and counting) that have flooded in since mid-March, people like Michael Lorusso have reached their breaking point.

      “It’s like having a 2004 minivan and you want it to go 120 mph. It don’t work that way,” he said, of the system and the way it’s worked. “We don’t wanna hear any more excuses. We don’t want to hear it! We have no more patience, we have nothing more to give.”

      To get benefits through the state, you must have been let go through no fault of your own and be willing and ready to work.

      So far, only 210,000 claims have been processed about 58,000 of which have been denied. You have the right to appeal the decision but even that, the state office appears slammed with calls and requests.

      When ABC Action News called, we were greeted with, “You have reached the Reemployment Assistance Appeal Commission. We are currently experiencing a very high call volume and we appreciate your patience.”

      “People don’t have time and patience anymore, they’ve been lied to. Plain and simple,” Lorusso said. “We don’t have time and patience. We want our money now.”

      If you must appeal, first, fill out an appeal form within 20 days of your denial. The Appeals Commission will schedule a hearing over the phone, and similar to being in a courtroom, you’ll have the right to ask questions, the employer will too, and then both you and your former employer will present closing arguments. After that the state will make a determination.

      A labor and employment expert that spoke with ABC Action News says the process can be tedious and say some people give up.

      “They can’t process 1.7 million people, how are they going to process people that have filed for an appeal?” asked Lorusso.

      Click here to access the form.

      As for those who are self-employed or are part of an independent contractor, they may not qualify for state benefits but can get at least $600 a week through the CARES Act.

      Officials with the Florida Department of Economic Opportunity are developing a system to link unemployed workers with federal dollars. At last check, they say it could be a few more days before the new application system is working, ABC Action News’ Forrest Saunders reports.

      Floridians looking for the latest information on unemployment benefits are encouraged to review DEO’s digital resource guide.

      The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google™ Translate. Google™ Translate is an online service for which the user pays nothing to obtain a purported language translation. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. –Read Full Disclaimer

      Division of Unemployment Insurance

      Your right to appeal

      How to appeal a denied unemployment claim

      When we determine whether or not your claim is approved, we will mail you a determination letter. If you disagree, you have the right to file an appeal. Your appeal rights are printed on every determination we send.

      How to file an appeal

      A determination becomes final unless a written appeal is filed within seven calendar days after delivery or within ten calendar days after the mailing of the determination. An appeal period can be extended if good cause for late filing is shown. Good cause exists in situations where it can be shown that the delay was due to circumstances beyond your control that could not have been reasonably foreseen or prevented.

      You can file your appeal online using our application.

      You can also mail your appeal letter to us. It must include your name, Social Security number, telephone number, and address. In addition, give your reasons for disagreeing with the determination and, if you file late, the reason for the delay. Mail your letter to:

      New Jersey Department of Labor
      Appeal Tribunal
      PO Box 907
      Trenton, NJ 08625-0907

      NOTE: While you are waiting for the appeal hearing, continue to certify for your weekly Unemployment Insurance benefits. This action gives you credit for these weeks pending the results of the hearing. You must also report to any appointments we schedule. Failure to do so may result in the loss of benefits, even if you win your appeal.

      Next steps: Register and prepare for a hearing

      An Appeal Tribunal hearing will be scheduled and all interested parties will be notified. You will have to register for your hearing in advance. You can do so using our online application. The hearing may be conducted in person or by telephone.

      If the reason for the hearing is related to your employment, your employer will be notified of the interview and has the right to participate. You may represent yourself or you may be represented at your own expense by an attorney or a non-attorney. If you require additional time to prepare for the interview, you may request a postponement by providing advance notice. You may request that your employer produce any documents which relate to your eligibility for benefits. You may request that statements be taken from your witnesses who have firsthand knowledge of the case. You or your representative will have the opportunity to question your own witness, present documents and provide a closing statement or summary.

      If the reason for the hearing is related to your employment, any questions that you may have for your former employer may be asked of the agency representative who in turn may, at his or her discretion, pose the questions to your former employer.

      NOTE: While you are waiting for the appeal hearing, continue to certify for your weekly Unemployment Insurance benefits. This action gives you credit for these weeks pending the results of the hearing. You must also report to any appointments we schedule. Failure to do so may result in the loss of benefits, even if you win your appeal.

      After the Appeal Tribunal makes a decision in your case

      If the Appeal Tribunal’s decision is not in your favor, you have the right to appeal again to the Board of Review.

      If the Appeal Tribunal’s decision is in your favor, the Division of Unemployment Insurance will issue any payments due. The Appeal Tribunal does NOT issue payments. Once the decision is made by the Appeal Tribunal, the case is closed and no further action is taken by the Appeal Tribunal.

      Your former employer also has the right to appeal determinations made on your claim that deal with the reason why you are not working and the amount of your benefits. If your employer appeals and the decision is in favor of the employer, you may be required to repay all or part of the Unemployment Insurance benefits that have been paid to you.

      How Often Do Employers Win Unemployment Appeals? It Depends On The Representation

      Like the unemployment insurance process itself, answering the question of “how often do employers win unemployment appeals” is complicated. What we can tell you clearly is that no matter the state you reside in or the cause for the appeal, there is certain factors employers can do to improve the chances of winning their cases.

      The process begins when a former employee files a claim with the state. Employers who employed the claimant during the applicable period receive a claim form for that employee. Employers need to respond to the claims immediately. Failure to respond can result in financial penalties by the state.

      Disputing the Claims

      One of the main reasons that employers don’t win unemployment cases is lack of preparation. It is important to prepare immediately after a claim is open. This ensures that the paperwork and documentation are completed on time. It is also advisable to get the right witness for the hearing.

      When disputing the claim, employers need to stick with the relevant points. Irrelevant information can cloud the primary issue and divert attention away from the facts of the case.

      The two most common separations are voluntarily resignation (will be discussed further in a future blog) and misconduct.

      Proof of Misconduct

      When proving misconduct, the employer needs to prove that the employee violated a specific policy.

      The employer also needs to show that the employee was aware of the policy and that the violation will result in termination of employment.

      It is key that the employer focuses only on issues that they can prove. The employer can get expert help to avoid losing unemployment insurance claims.

      Additional documentation is needed to challenge a claim, such as:

      • Termination notices
      • Warnings

      Representatives of Industrial UI Services advise the employer on what is needed and provide details of the necessary deadlines.

      After the claim is returned, interaction with the state is initiated. An investigation into the eligibility of the claimant is conducted by the state. The state will contact the employer for additional information.

      The state determines the claimant’s eligibility. If the employer or claimant disagrees with the determination, they have the right to appeal. At each step of the process, attention to detail is required.

      As the burden of proof is on the employer, it is important that they attend all state unemployment hearings. Representatives of Industrial UI Services will prepare the appropriate witnesses.

      The representatives attend the unemployment hearings. Appropriate evidence is provided, and the claimant is cross-examined. The employer needs to prove that the claimant committed an act of misconduct by submitting documents and having the appropriate witnesses testify.

      If the claimant is found eligible for benefits, the employer can file an appeal. The expert representatives review the proceedings to ensure that the appeal of the employer is successful.

      So, how often do employers win unemployment appeals? Employers are successful in appealing unemployment claims more often when they have professional representation.

      As a disabled U.S. military veteran, you should not have to cope with your injury alone. Benefits for disabled veterans are available through the U.S. Department of Veterans Affairs. However, applying for benefits is not easy, and claims are often denied.

      How to appeal a denied unemployment claim

      It is important to know that you have a lawful right to appeal decisions made by the Veterans Benefits Administration. A denial does not mean that you can’t receive benefits, but it may mean that you need some assistance to gather the necessary documentation and submit a more complete record of your disability.

      Many veterans enlist the assistance of a veterans’ disability lawyer to help them through the appeals process. An experienced lawyer can assess your case, gather evidence, and appeal to the correct authorities to get your claim approved.

      Unfortunately, many claims for veterans’ benefits are denied. This is due in part to the complicated application process. Incomplete applications or errors can result in claim denial, even if your injury qualifies you for benefits. For more on eligibility, you can visit the Veterans Affairs website.

      How to appeal a denied unemployment claim

      Don’t give up if your claim was denied. Veterans’ benefits exist to help veterans who have sacrificed their physical or mental health. Seek help from someone who has been through the process before or read on for information on how to appeal a denied claim.

      The appeals process changed as of February 19, 2019. If your claim was denied prior to this date, you will need to follow the old process. If your claim was denied after February 19, 2019, an alternate process is in place.

      Appeal Process for Decisions Made Before Feb. 19, 2019

      Once you receive the denial decision, you will want to act in a timely manner to start the appeal. It can take 12–18 months for your appeal to be reviewed, so the sooner you can submit it, the better.

      · First, you will file a Notice of Disagreement (NOD). Though you have a year to file this notice, you likely do not want to wait. Waiting several months to file this notice only increases the time that you will continue to be without benefits. Make sure to send the form to the address listed on the decision notice you received. You can alternatively take it to your local VA office.

      · Second, the Veterans Benefits Administration will review your appeal. If it is determined that there is insufficient evidence to overturn their original decision, you will receive a Statement of the Case and a VA Form 9, so you can appeal the Veterans Benefits Administration decision.

      · Third, you will submit VA Form 9. You have 60 days to submit VA Form 9 if you disagree with the Statement of the Case. You can submit additional evidence as well.

      · Fourth, the Decision Review Officer at the Veterans Benefits Administration will submit your case to the Board of Veterans’ Appeals. Cases are reviewed in the order in which they are dated on the VA Form 9. In some cases, exceptions to this rule are made. For instance, if you are over the age of 75 or under significant financial strain or have a severe illness. Learn more about how to have your appeal given priority review here.

      · Fifth, you can request to present your appeal case to a Veterans Law Judge. This hearing will be added to your case as a transcript.

      · Sixth, the Board will make a decision by either approving, denying, or returning your appeal to the Veterans Benefits Administration to collect more evidence.

      · Seventh, if the Board denies your benefits, you can appeal again. You can hire a VA-accredited attorney or represent yourself in the Court of Appeals for Veterans Claims.

      How to appeal a denied unemployment claim

      You have one year from the date of the denial to appeal the decision. Your options include:

      · Supplemental Claim — This step is for adding evidence that the VA did not have prior to their decision. You can also submit additional information that could clarify something about your claim, such as medical records. You will need to submit the VA Form 20–0995 along with the supporting evidence.

      · Request a senior reviewer — If you don’t have new evidence to submit, you can have your case reviewed by a senior reviewer. The higher-level reviewer will look for errors in the decision. You will need to complete and submit VA Form 20–0996.

      · Veterans law judge review — This is also known as requesting a Board of Veterans’ Appeals review. You have options to add evidence and request a hearing with a judge. Hearings take place in Washington, D.C. or via video conference. VA Form 10182 is required for this type of appeal.

      A skilled veterans’ disability attorney can sort through all of the evidence, dates, and demands of the appeal processes. If you’re overwhelmed with your injury and recovery, or if the appeals process seems too complex, seek the help of someone who understands the process and knows what it takes to get results.

      How to appeal a denied unemployment claim

      Employees in New Jersey might be entitled to unemployment benefits when they lose their jobs through no fault of their own. These benefits function as a type of insurance. Employers pay into the unemployment program, and employees who are terminated or laid off can temporarily collect benefits until they find new jobs. However, some people will not be eligible to receive unemployment benefits. You must meet the state’s guidelines to be eligible for unemployment benefits.

      If you have been terminated or laid off, you can file a claim with the state’s unemployment agency. The agency will review your claim, interview your former employer, and potentially interview you. The state will then decide whether you are eligible for benefits. Your former employer cannot deny your claim for benefits, but it can contest your claim and argue that you should not receive them. Here is some information about what to do if the state denies your claim for unemployment benefits based on the statements made by your former employer from the attorneys at Swartz Swidler.

      How Do Employers Contest Claims for Unemployment Benefits?

      When you file a claim for benefits, the state will contact your former employer. It will want to ensure that you meet the requirements to collect unemployment benefits. In New Jersey, you will be eligible for unemployment benefits if you meet the following requirements:

      1. You must have lost your job through no fault of your own. If you voluntarily quit or were fired for good cause, your claim could be denied. However, if you were fired or laid off because of downsizing or something similar, you might be eligible for benefits.

      2. You must have met the state’s minimum earning requirements. To qualify for unemployment benefits, you must have earned a minimum of $240 per week for 20 weeks during your base period or at least $12,000 during the covered employment period. If you have not been working for a significant amount of time or have worked very little, you might not be eligible for unemployment benefits.

      3. You must be available and able to work. While you are receiving unemployment benefits, you will be required to actively look for work each week and submit proof of your efforts.

      The state makes the decision to approve or deny your claim for unemployment benefits instead of your former employer. However, your former employer can contest your claim by presenting evidence to the state that you do not meet the eligibility requirements. For example, your former employer might argue that you voluntarily quit instead of being fired. Alternatively, your employer might argue that you earned less than the minimum required amount or didn’t work enough weeks during the base period.

      If your employer objects to your claim for unemployment benefits and contradicts the claims that you made on your application, you will have an opportunity to present evidence to explain your side. The unemployment agency will schedule a hearing to resolve the problem.

      Why Do Employers Contest Unemployment Claims?

      Employers are required to pay taxes to pay into the unemployment system. Employers start at a specific rate, and after they have been participating in the unemployment system for a few years, they will be rated by the state. If an employer has received a number of valid claims for unemployment benefits, it will have to pay a higher unemployment tax rate. Employers that do not have claims or who have few claims will pay a lower tax rate. This means that employers have a financial incentive to challenge claims for unemployment benefits filed by their former employees.

      Even though employers have an incentive to contest unemployment claims, most only contest illegitimate claims. Employers that contest all unemployment claims can tarnish their reputations among their employees and with the state unemployment agency.

      Appealing a Denial of an Unemployment Benefits Claim

      If the state denies your claim for unemployment benefits, you have the right to file an appeal. In New Jersey, you must file an appeal of an initial denial within seven days of when you receive it or within 10 days of when the deputy that made the determination issued it. You should receive an appeal form and information about how to file your appeal with your denial notice. If you do not, contact the Department of Labor and Workforce Development’s Division of Unemployment Insurance.

      When you file an appeal, you will need to explain why you believe that the state should have granted your claim. Once the state receives your appeal, the Division of Unemployment Insurance will schedule a hearing. Both you and your former employer will be allowed to present evidence and arguments. The hearing officer will then either grant or deny your claim for unemployment benefits. If you lose this appeal, you can file an appeal with the Board of Review. If you lose your appeal at the Board of Review, you can then appeal it to the New Jersey Appellate Division.

      Talk to the Employment Attorneys at Swartz Swidler

      Losing your job can be difficult, and it can be even harder if your former employer contests your claim for unemployment benefits. If the state has denied your unemployment claim based on statements made by your former employer, you should speak with the attorneys at Swartz Swidler about your case. Call us today for a free consultation at (856) 685-7420.

      After you’ve applied, you will get a letter from IDES telling you if you have been approved or denied. Remember, even if you…

      Complete the following two forms:

      • Complaint for Administrative Review. Here is a general sample complaint, and here is a complaint for Cook County. Include the following in the Complaint:
        • List all necessary parties as defendants or else the case may be dismissed . Necessary parties include the director of IDES and the Board of Review, as well as all “parties of record.” You should always name your employer as a defendant in the ARA.
        • Describe the decision made by the IDES Board that you want the judge to review.
        • Ask IDES to file a transcript from the other appeals.

        Do this at the circuit court clerk in the county where you live. This is time sensitive: Do this within 35 calendar days after the mailing date of the date the Board of Review’s decision. If the 35th day falls on a day when the court is closed (Saturdays, Sundays, and public holidays), you can file your appeal on the next day that the court is open.

        File the following forms with the circuit clerk’s office:

          for Administrative Review

        Note: The court will review your Application for Waiver of Court Fees and decide whether you have to pay the court fees. This might happen while you wait, or it could take as much as a week or two. You can ask the circuit clerk how long it usually takes. Nevertheless, your forms are considered filed on the date they’re presented with the Application for Waiver of Court Fees.

        Now that you have filled out your court forms, file your documents online via e-filing , or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

        The clerk will also give you your court date when you file your summons .

        How you will find out about the court date (or hearing date) and time depends on how you filed your case.

        • E-filing : The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
        • Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.

        The circuit clerk will seal the Summons and give it back to you.

        Send the Summons and a copy of the Complaint by certified or registered mail to all parties you listed as defendants, including the director of IDES, your employer, and the Assistant Attorney General who is representing your employer.

        Keep an eye on the mail. If the defendants want to participate, they will file an Appearance or Answer and mail you a copy. It is very important that you read these documents carefully.

        If the defendants don’t want to participate and do not file an Appearance or Answer, you can file a Motion for a Default Judgment. A default judgment is a judgment in favor of the plaintiff when the defendant does not defend their case.

        Arrive early and dress like you would for a job interview. This court date will probably be the first of a few. The first court date is called a “status hearing .” At this first hearing, the judge may set a “briefing schedule.” A briefing schedule is a series of due dates for different documents such as the following:

        • Memorandum of Law in Support of Complaint: this is where you discuss your argument in detail.
        • Response Brief: the defendants may or may not file a Response Brief to respond to your Memorandum.
        • Reply Brief: if you want, you can file a Reply Brief to reply to the defendants’ Response Brief.

        At one of the court dates, you may be required to make an oral argument. This is your opportunity to argue to the judge why the Board of Review made a mistake. The judge may also ask you questions about your argument.

        What happens if I lose?

        If you lose the ARA in the circuit court , you can appeal . To appeal, you must file a Notice of Appeal in circuit court no later than 30 days from the date of the final order. See Civil appeals guide for more information on this process.

        I won. What happens now?

        If you won your ARA, the case would be sent back to IDES. IDES will then make a decision that is consistent with the circuit court judges.

        You can get unemployment benefits going forward. You can also collect retroactive benefits. Retroactive benefits are past benefits you should have received from the time you first applied and were eligible.

        Keep an eye on the mail, though. Your former employer or IDES may still appeal to a higher court. If they do, you might have to write a letter describing why the circuit court’s decision was correct and should be upheld.

        How to appeal a denied unemployment claimYou can file an unemployment appeal in many different situations if you disagree with a decision the unemployment office makes about your benefits.

        Ex-employers can also file an appeal if they disagree with a determination.

        When you are denied unemployment or want to contest any other unemployment decision, the process for making an appeal will vary based on where you live.

        Each state’s unemployment office has its own procedures and policies that you must follow.

        In general, you will need to compose an unemployment appeal letter or fill out an online form (if offered by your state) and return it to the benefits office by a set deadline.

        Most states have a strict deadline by which you must submit an appeal.

        Without meeting this due date, you forfeit your rights to an appeal.

        Below, learn everything you need to know about unemployment appeals, including what happens after you contest an unemployment decision.

        Reasons to File an Unemployment Appeal

        You can request an unemployment hearing for a number of reasons. Essentially, any time you disagree with a decision your unemployment office makes, you can contest it.

        Common reasons to file an appeal include having your benefits reduced, having your claim denied or needing to return an overpayment of benefits that you disagree with.

        You may also need to attend an unemployment appeal hearing if your employer disputes your claim for benefits.

        Keep in mind that employers are responsible for paying for your benefits if you have worked for them long enough and were paid enough in wages.

        Because they can be charged for your benefits, employers may want to contest your unemployment claim if they believe it is not justified.

        Furthermore, if you were fired or quit on your own and file for unemployment, your employer may contest your claim automatically.

        If an employer believes you should be denied unemployment for misconduct or other similar reasons, it does not necessarily mean that you are ineligible for compensation.

        However, you will need to undergo a hearing so that the unemployment office can consider both sides of the dispute and make a fair decision.

        How soon should you appeal unemployment decisions?

        Unemployment appeals can be requested whenever a claimant disagrees with the unemployment agency’s decision.

        However, claimants must adhere to any deadlines that the agency may set for making an appeal.

        In most cases, unemployment offices will require that all appeals are made within 10 to 15 days of a determination letter being delivered. Petitioners who fail to respond within the designated timeframe will usually lose their right to make an appeal.

        Learn About Ways to Appeal Unemployment Determinations

        If you are denied unemployment benefits, there are several methods you can use to make an appeal. The exact methods for appealing a decision will vary by state, but in general, you can contest a decision through the mail, via fax, in person or online.

        If you are making an appeal online, simply go to your state’s official unemployment website and locate the necessary online form.

        When online unemployment appeals are not available, you will need to obtain a paper appeal form from the unemployment office or compose a letter to contest the denial.

        Any time you make an appeal in writing, your correspondence should include the following:

        • Your name, address and Social Security Number
        • The date you received your unemployment decision or denial
        • The reason that you are appealing the denial or decision

        When you appeal unemployment, be mindful that your request is usually a matter of public record. Therefore, any materials that go with your appeal may be accessed by anyone without you being notified.

        While the state will retain a record of your appeal, it is always a good idea to keep a copy of any correspondence that you send.

        Learn About Unemployment Hearing Procedures

        You usually have the option of submitting to an unemployment hearing over the phone, but some states will only allow you to complete the process in person.

        When you have the option, the unemployment office will let you choose the method you prefer.

        In states that require appeal hearings to take place in person, you must attend or your appeal will usually be dismissed. No matter how your hearing is conducted, you must be available during the scheduled time.

        In any case, unemployment appeal interviews are usually made up of two parts. A first-level appeal is carried out when you contest the initial denial of your benefits, while a second-level appeal can be made if you disagree with the outcome of the first-level hearing.

        In most states, first-level appeals are made with an administrative law judge (ALJ), while second-level appeals are brought in front of an employment appeal board or a board of review.

        You do not have to complete a second-level appeal unless you disagree with the results of your first hearing.

        How to Prepare for an Unemployment Appeal Hearing

        Knowing the unemployment appeal hearing questions ahead of time will help you prepare for your meeting or phone interview.

        You may be provided with a list of questions when your unemployment agency schedules your hearing. It is important to understand that unemployment appeals are different from fact-finding interviews that an unemployment office may use to understand eligibility requirements for benefits, and as such, you may want to take different steps to prepare.

        The most important difference between a fact-finding interview and an unemployment hearing is that the hearing process is more formal.

        As a result, you have the option of hiring an attorney to represent you if you wish, but many claimants represent themselves.

        It is important to keep in mind that the unemployment office will usually have an attorney of its own, but you cannot ask him or her for help with your case.

        Whether you hire legal representation or not, you should be prepared to testify during the hearing and present any evidence that may help your case.

        What happens after you appeal a decision?

        After you submit an unemployment appeal letter and have your hearing, the unemployment board or ALJ will need time to make a decision.

        The processing time will vary based on where you live, but you can expect to wait anywhere from one to three weeks. During this time, you should understand the process for filing unemployment claims on a weekly or bi-weekly basis until your appeal is processed if you are currently receiving any benefits.

        Failing to file claims during the waiting period can create additional problems.

        Once your appeal for unemployment is processed, the agency will provide a notification with the outcome of the hearing.

        If you still have your unemployment denied after the initial hearing, remember that you can appeal the ALJ’s decision and undergo a second-level hearing.