Can I Appeal A Denial Of Unemployment Benefits In Indiana
Find out how to appeal if your unemployment benefits claim is denied by the Indiana Department of Workforce Development.
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If the Indiana Department of Workforce Development denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the Indiana Department of Workforce Development will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive in benefits. But, if the Indiana Department of Workforce Development finds that you are not eligible for benefits or grants you benefits in a lower amount than you believe you are entitled to, you can appeal that decision. And, if the Indiana Department of Workforce Development finds you eligible to receive benefits, your ex-employer can appeal that decision.
If you want to appeal the Indiana Department of Workforce Development decision, check the Indiana Department of Workforce Development website and handbook for:
- Any forms and instructions for filing your appeal
- The deadline for filing your appeal
- What to do if you are filing late
- Where and how to file your appeal
- How long the appeal process takes
- What happens to your benefits while you wait for a decision on your appeal, and
- A link to the Indiana Department of Workforce Development, Appeals Division that will review your appeal.
How Can I Make Payments Toward My Overpayment
Payments on your overpayment balance can be made in person at the Department of Workforce Development at 10 North Senate Avenue in Indianapolis, online at payingov.com/dwd, by U.S. Mail, or by phone 888-877-0450. If in person, DWD will accept payments in the form of a check, money order or exact cash. WorkOne offices will not accept payments.
Sleeping On A Warehouse Desk
Like many other Hoosiers, Gerstorff filed for unemployment last spring after the COVID-19 pandemic shut down businesses across Indiana. His hours were drastically cut at the Muncie Dragway, where Gerstorff works in the concession stand.
I filed vouchers every week, just like they told me to, and I got unemployment for a few weeks. There wasnt a problem at first, he said.
Then Gerstorff applied for a job at a Walmart on the south side of Muncie while he waited for the racetrack to reopen. The company hired him quickly, but Gerstorff says the job lasted only two weeks before Walmart let him go without any explanation. He again filed for unemployment benefits and, this time, there was no payment.
After three months, DWD informed Gerstorff his request for unemployment benefits was denied. Unable to get an explanation from anyone at the state agency Gerstorff says he tried repeatedly to call the agency but sat on hold for hours without ever getting a call center worker to tell him why his benefits were suspended he filed an appeal in late August.
And I didnt have an appeal hearing until March 15 of this year, he said. August until March they wouldnt pay me a dime until I had a hearing. How do they expect people to wait that long?
You do what you have to do to get by, but its stressful. It makes you feel like a bad parent. Makes you feel like nobody cares. Ive really struggled, Gerstorff told 13News.
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What Happens At An Unemployment Insurance Hearing
I was denied my unemployment compensation, and I appealed. Now I have a hearing scheduled. Do I need to go to the hearing?
If you want a chance at getting unemployment benefits, you must attend the hearing. If you were denied benefits when you first applied for unemployment and then you dont show up at your hearing, the appeal will be dismissed and you will not be able to try to get these benefits.
What happens if the employer doesnt show up for the hearing?
If the employer is the one who appealed, and the employer does not show up, the Administrative Law Judge should dismiss the appeal. If you are the one that appealed, and the employer does not show up, the ALJ will go on with the hearing.
If you go to the hearing and the employer does not show up, you should win your case. This is especially true if you were fired from your job, because it is the employers responsibility to prove you were fired for just cause. If the employer isnt there, the employer cannot prove you were fired for just cause and you should win. If you quit your job, you have to prove you had good, work-related reasons for quitting. If your employer doesnt show up, you will probably still have to explain to the that you had good, work-related reasons for quitting.
Even if your employer does show up, you can still win. Both sides will present their sides of the case, and the ALJ will make a decision.
Do I need a lawyer for the hearing?
What happens at the hearing?
Last revised: 11-03
How Do I File A Court Of Appeals In Indiana
Individuals may file an appeal if they disagree with a trial courts decision. You must file a Notice of Appeal with both the Indiana Court of Appeals Clerk to begin the appeals process. The filing fee is $250. If you need copies of any portion of the trial court file, make your request within the Notice of Appeal.
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How To File An Unemployment Benefits Appeal In In
If the DWD denies your claim, they will mail a Determination of Eligibility notifying you of the denial and the reasons why. You have 10 calendar days from the mailing date on the determination to file your appeal.
You must file in writing, either by mail, fax or in person. You must include a brief statement noting the reason for the appeal, as well as:
- a copy of the determination
- your current contact information
- you must sign the correspondence
You must place your social security number on all pages of the documents you send.
Mail the appeal to 100 North Senate Avenue, Suite N800, Indianapolis, IN 46204 or fax to 233-6888.
If you want to file in person, complete all steps as noted above and take the information to a WorkOne Center. Ask a clerk about filing an appeal for a denial of benefits.
Claim Your Weekly Benefits During The Appeal
You should claim your weekly benefits while you are appealing the decision and for as long as you remain unemployed, even if the decision found you ineligible for any benefits. That way, if you win the appeal, you can receive retroactive benefits. For information about weekly benefit certification, see What Do I Have to Do to Keep Receiving Benefits?
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Can My Indiana Unemployment Compensation Benefits Get Denied After Initial Acceptance
In addition to having IN unemployment benefits denied during the initial application process, unemployment beneficiaries can be denied benefits even after they are approved for unemployment. Unemployment beneficiaries may be disqualified from receiving benefits if they: do not register with the EDD job matching service, fail to visit their local WorkOne for an orientation and review of their work search efforts after their fourth week of benefits, do not keep a record of their three weekly work searches and are not able to show a record of them when requested, receive pay or refuse work during any week as on-call or need-based workers, refuse a suitable work offer, fail to go to a job referral by their local WorkOne, are temporarily not available for work due to illness, injury, or leave of absence, or fail to participate in job search assistance if selected for this service.
What Are The Income Requirements To Qualify
If you have been doing steady, full time work for the last year, you have nothing to worry about. For those performing part-time work only, with earnings that fall below certain threshold requirements over time, may not qualify. If youre unsure, the best and easiest way to know is to apply for unemployment benefits anyway. The Indiana Department of Workforce Development will provide you with a report of your earnings after you file.
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What Do You Do When You Are Denied Unemployment
File an Appeal. If youre denied unemployment, you have the right to appeal the decision. According to Nolo.com, a website that offers free legal aid, most states require you to appeal within 10 to 30 days of denial. Contact your local unemployment office for specific information on your states appeal process.
What If I Am Not Satisfied With The Administrative Law Judge Decision
The Administrative Law Judges decision will become final unless you appeal the decision to the Review Board within fifteen calendar days after the date the decision was sent. You must do all of the following:
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Do I Have To Pay The Entire Amount At Once And What Happens If I Fail To Pay Back My Overpayment
You can contact DWD at any point to discuss setting up a payment agreement if you cannot pay the amount in full. You will receive monthly billing notices and other collection letters regarding the amount owed. Should you become eligible for future UI benefits, 100% of each weekly benefit payment may be applied to the overpayment balance until it is paid in full. NOTE: During the public health emergency due to COVID-19, this amount has been reduced to $10 of each weekly payment. You may receive notice of a pending civil action by the Attorney Generals Office. Your Indiana state and/or federal income tax refunds and lottery winnings may be withheld and applied to the overpayment. DWD may also garnish wages. Again, you can contact DWD at any point to discuss setting up a payment agreement as alternatives to the above payment actions.
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Backlog Of 27000 Cases
Gerstorff is among thousands of Hoosiers waiting for what feels like an eternity to get an appeal hearing with Indiana DWD.
Federal data obtained by 13Investigates shows Indiana has a larger backlog of unemployment appeals than nearly every other state. The numbers from the U.S. Department of Labor are staggering. They show:
- About 27,000 Hoosiers had DWD appeals still pending at the end of April, which is the most recent data available. Only California, Texas, New York and Virginia had more unresolved appeal cases, and each of those states has a much larger population than Indiana.
- Only 13% of unemployment appeals filed in Indiana get a decision within 120 days. The vast majority of appeals now take longer than four months for a ruling.
- 1 in every 5 unemployment appeals in Indiana has been pending for more than six months.
In order to be in compliance with federal regulations, states are required to issue at least 60% of unemployment appeal decisions within 30 days, and 80% percent of decisions within 45 days. This spring, Indiana is issuing appeal decisions within 45 days in less than 3% of cases, according to DOL data.
State unemployment programs that fail to meet the federal regulations can lose their certification, resulting in the loss of millions of federal dollars. Due to the influx of appeals caused by the pandemic, the Secretary of Labor is unlikely to penalize states that are failing to meet the USDOLs unemployment appeal desired level of achievement standards.
How To Apply For Unemployment In Indiana
All unemployment applications in Indiana are filed online with the Indiana Department of Workforce Development. When you are ready to begin the process of applying, please log into the DWDs website and read all of the information contained there. Applying is easy if you follow their recommendations.
While you wait for a determination on your initial application, a couple things will happen. First, an Indiana Career Connect account will be created for you. You need to log in and follow the instructions. NOTE: You must file weekly reports even while awaiting an initial ruling, and if you are denied and must file an appeal. You must create your account and start providing reports immediately if you fail, your unemployment claim may be denied.
Also, within ten days, the Indiana Department of Workforce Development will provide you with a Wage Transcript and Benefit Computation document. It is important to read this document thoroughly to ensure all information including your past wages is correct. If your wages are under-reported, your benefit may be lower.
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How Long Do You Have To File An Appeal In Indiana
Within thirty days after a final judgment is entered, a party wishing to appeal must file a Notice of Appeal indicating the intent to appeal the decision of the trial court. There are numerous requirements for this Notice of Appeal, and the Indiana Rules of Appellate Procedure lay out what must be included.
Can My Overpayment Be Waived
In certain circumstances, a claimant may be eligible to have his/her overpayment waived. In accordance with Ind. Code §22-4-13-1, an overpayment may be waived upon the request of the individual only if the following criteria are met:
Claimants must submit an Overpayment Waiver Request application for consideration. The Department will evaluate the request and issue a determination to the claimant. The application can be found at under Forms and Downloads. Certain exclusions apply. Please see for more information about the waiver process.
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Preparing For Your Hearing
Learn About Indiana Unemployment Denial Appeals
If an unemployment beneficiarys claim for benefits is denied or reduced and the beneficiary disagrees with that decision, he or she has the right to an appeal. The Indiana unemployment denial appeal will be heard by an Administrative Law Judge . After an applicant has filed their unemployment claim, he or she will receive a Determination of Eligibility through the mail. This notice will state whether or not he or she qualifies for benefits and explains how and why the decision was made.
Applicants who cannot attend an unemployment denial appeal hearing may request a postponement no later than three days before the scheduled hearing. The ALJ will then review all evidence and issue a decision on the appeal within two weeks after the hearing. The unemployment applicants should bring any evidence related to their former employer which can assist their appeal.
Unemployment claimants also have the option to appeal the ALJs decision to the UI Review Board within 18 days of the mailing date of the ALJ decision. Once the Review Board has rendered a decision on the case, the claimants next opportunity for appeal is to appeal to the Indiana Court of Appeals.
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