Questions & Answers About Appeals And Redeterminations
Q: Can I file one appeal for all negative determination letters?
A: If you file your appeal in eServices, you cant do this. You must select each determination you want to appeal and provide any new information you want us to consider. If you send us your appeal by fax or mail, you should list all the determinations you want to appeal by their letter ID and include any new information for each determination, so we can review each one.
Q: Can I request a redetermination in addition to filing an appeal?
A: You do not need to do this. You only need to appeal. We review your appeal for a possible redetermination before we send it to OAH for a hearing. If we are unable to change our decision about your benefits, well send your appeal to OAH for a hearing.
Q: Should I continue submitting my weekly claim while you are considering my appeal for a redetermination?
A: Yes, you should continue to submit weekly claims for each week you want to receive benefits. If the appeal is decided in your favor, youll be paid for the weeks you claimed and are eligible for. You wont be paid for weeks you did not claim. If your employer appeals your right to benefits and the appeal is decided against you, youll have to repay any benefits you received.
Q: What is a redetermination?
Q: Is every appeal considered for a redetermination?
A: Yes. If you provide new information we will consider it for redetermination before we send it to OAH for a hearing.
One Employees Very Bad Day
Lisa Fox worked as a pharmacy technician for Kaiser Foundation Health for over 13 years until her termination in January 2013. On January 17, 2013, Lisa knew she was in for a bad day as she was perilously close to being late for work. Her company required her to clock in for her shift within four minutes of the start time of her shift, meaning she needed to clock in by 6:34 a.m. or face possible disciplinary action. She was already on notice of prior attendance violations, so she was frantic that morning and in a rush to get to work on time. She drove her car into the parking lot, parked it in a loading zone near her buildings entrance, and dashed into the workplace to try to beat the clock. She breathed a sigh of relief as she punched in at 6:33 a.m., then
returned to the parking lot to move her car into a regular parking space. She arrived back at her work station at 6:36 a.m. to begin her work day. When her employer learned about this situation, it promptly terminated her employment for time-card fraud, concluding that she inappropriately got paid for several minutes while not actually performing any work, and had effectively lied about her true start time.
How To File An Appeal When Your Unemployment Claim Is Denied
Unemployment insurance provides benefits to people who are out of a job and looking for work. Each state administers its own unemployment insurance system, with help from the federal government. In order to obtain benefits from your states system, you must demonstrate that you meet the eligibility criteria. If the state denies your claim, you have the right to appeal that decision. Most states have a very short deadline for filing an appeal, so you must move quickly.
This article will outline the common features found in most states unemployment insurance systems and the procedures for appeal. You should investigate your own states system further before filing a claim or appealing a denial.
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Shouldemployers Contest Unemployment Benefit Claims From Former Employees
Justbecause you can contest a claim doesnt mean you necessarilyshould.
Often,the main reason an employer may want to contest a claim is to avoid ahike in unemployment insurance tax rates. The amount of taxes owed isbased in part on the number of claims made against the company byformer employees. Thus, employers are motivated to scrutinize everynew claim.
Onthe other hand, contesting unemployment benefits claims is notwithout cost. The process requires time and energy from the HR teamor business owner, although a business can hire a Third PartyAdministrator to handle claims on its behalf. In addition, theprocess may become more complexif aformer employee filesa wrongful termination suit against your company or fightsfor the claim through a drawn-out appeals process.
Lastly,excessive or ongoing denying of claims may send a negative message toemployees. Examine each case carefully to determine whether denyingan unemployment claim is worth your companys time.
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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 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. Well provide you with contact information for legal assistance organizations when you file an appeal. You can also find the same information under the 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 attorneys 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.
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Do I Need A Lawyer To Represent Me In An Unemployment Appeal
You can either hire an attorney or represent yourself in the hearing. The process is designed for non-lawyers, so dont be intimidated if you dont have a lawyer. Every day thousands of unemployed workers win UI benefit appeals without the benefit of a lawyer. However, an attorney can help guide you through the appeal process and provide peace of mind. There may also be low-cost legal aid available to you in your area.
If your employer is appealing , then be prepared for your employer to have a lawyer or to use an agency which specializes in opposing unemployment claims.
Drawing Conclusions About Drawing Unemployment
So what lessons can employers take from this decision? In other words, should employers fight unemployment claims?
First off, as described above, you should understand that there is a very high hurdle at play to get an employee disqualified. More importantly, understand that unemployment claims arent referendums on whether the termination was justified or lawful. There might be a very good, non-discriminatory, well-documented, and supportable reason to terminate an employee, but that doesnt mean that an unemployment claim will be denied.
So dont feel the need to have to fight the claim in order to prove that you were in the right. But if you do decide to fight a claim, be sure that you take it seriously and not try to wing the hearing without preparation. Employers statements during the claims process are made under oath, so even though the ultimate decision might not impact a later discrimination or wrongful-discharge claim filed by the worker, the statements made during the process are going to lock you into a story. Do your homework and prepare as if you were in court.
The answer to whether you should fight an unemployment claim is it depends, but at least understand the risks and consequences should you decide to venture down that path.
For more information contact the author at or 503.242.4262.
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Why Unemployment Claims Are Denied
If your unemployment claim is denied initially, the agency probably found that you are ineligible for unemployment benefits because:
- You voluntarily quit your job. You may still be eligible for unemployment benefits if you quit your last job, as long as you had a good reason for doing so. If you were denied unemployment benefits because you quit your job, however, that means the state agency decided your reasons for quitting the job didnt qualify.
- You were fired for misconduct. Being fired from your job doesnt necessarily disqualify you from unemployment benefits. It depends on why you were terminated. If the reasons your employer gave for firing you meet your states definition of misconduct, you claim may be denied.
- You dont have sufficient earnings or work during the base period. Each state imposes minimum earnings and/or work requirements during a 12-month base period . If the agency finds you dont meet those requirements, it may deny your claim.
Even if your unemployment claim is initially granted, you may later be denied unemployment benefits if you dont meet the ongoing requirements. For example, if you turn down suitable work, arent available for work , or you dont report earnings you receive while collecting unemployment benefits, the state may deny your claim going forward.
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Requesting Special Accommodations For The Hearing
If you need an interpreter or have a disability that requires a reasonable accommodation , the Office of Appeals will furnish an impartial interpreter at the hearing if you give advance notice by calling the telephone number on your Notice of Hearing. Requests should be made immediately to allow time to arrange the accommodation.
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File An Unemployment Appeal
You can appeal the denial of your unemployment claim by filing a notice of appeal, or a similar document, with your states unemployment office. Typically, you have a very short period of time in which to appeal. The deadline to file may be between ten and 30 days after you receive a notice of denial from the state.
The exact form of the notice of appeal varies from state to state. in general, you must identify yourself and provide your case or file number. Your state may require you to use a particular form, and to describe the reasons why you contend that your claim should have been granted. If you believe the state made an error, or that your former employer provided inaccurate information to the state, this is your opportunity to state your case in writing.
Preparing For Your Appeals Hearing
Hearings generally occur within 8-10 weeks of the date you file your appeal. You will receive a Notice of Hearing at least 10 days before the date of your hearing that will have important instructions for you. NOTE: Due to COVID-19, it is currently taking longer to hold hearings. We are taking many measures to return to the 8-10 week time frame. If you requested a hearing and no longer wish to have an appeals hearing, please notify the Department immediately to ensure an efficient operation of the appeals department.
You have the right to be represented by an attorney at the hearing, but it is not required.
You must do these things prior to your hearing:
- Return the second page of the Notice of Hearing indicating that you wish to participate in the hearing, and provide a telephone contact number.
- You can deliver the Acknowledgment Sheet by mail, fax or in person, and
- It must be received at least 24 hours before the hearing.
- NOTE: It is critical that you return this Acknowledgment Sheet as most hearings are scheduled as telephone hearings where the Administrative Law Judge calls both parties. The telephone number on your initial notice of appeal is not sufficient to guarantee that you will be called. You may call the judges clerk 24 hours before the hearing to confirm your telephone number. If you leave a message, include your telephone number with area code, the judges name, your name, and case number.
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How To Appeal A Denied Unemployment Claim
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 16,857 times.
Unemployment benefits provide individuals temporary, partial wage replacement for workers who are unemployed due to no fault of their own and are transitioning between jobs. To qualify, certain eligibility requirements must be met. If you dont meet them, you may be denied benefits. Many who are rightfully eligible, however, are denied. If you suspect you were wrongfully denied, you may appeal that decision.
What Will Happen At The Hearing
Both you and your employer will have an opportunity to present your respective side of the case. The judge will ask you questions, which you should answer truthfully. If there is anything that you believe is important that the judge leaves out, you should respectfully ask for the opportunity to testify about it. After you testify, you will have the opportunity to ask questions of the other side and ultimately to make a closing statement of why you should receive unemployment benefits. During your closing statement, recap the main facts of your argument and remember to be concise.
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Reasons For Unemployment Denial
The unemployment agency that denied your claim will send you a written notice with the reasons for its decision. Generally, your claim will be denied if you:
- quit your job with no good reason to do so
- were fired for misconduct, or
- had insufficient earnings or work to qualify for benefits.
The reasons for the denial will not impact your ability to appeal, but you will need to gather evidence to support your appeal, so understanding what went wrong is important.
How To File An Unemployment Appeal
If you want to appeal the UIA’s denial of your claim for benefits, you must file a protest of the determination within 30 days. You can file the protest electronically, by fax, or by mail, using the UIA’s protest form. You must attach any documents you want the UIA to consider.
The UIA will issue a redetermination of your claim. If you don’t agree with this redetermination, you may appeal within 30 days. You can file your appeal in the same manner as your protest, using the UIA’s appeal form.
When you file your protest or appeal, make sure to briefly explain why you believe you should receive benefits. For example, if the decision letter states that you were denied benefits because you were fired from your last job for misconduct, you might state, “I was laid off along with the rest of my department when the company outsourced our jobs.”
Throughout the appeal process, you should file weekly claims for unemployment benefits, look for work, and keep records of your job search, just as you would if your application for benefits had been granted. This may seem like a waste of time, but it’s not. If you win your appeal, you will be entitled to benefits retroactively from the time your application should have been accepted â but only if you’ve been following the usual rules to receive benefits.
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State Of Oregon: Unemployment
Posted: Any time we reduce or deny your benefits, we mail you an administrative decision.If you dont agree with the outcome of the administrative decision, you have the right to have it reviewed through the appeals process.Your employer has the same right in some situations if a decision allows benefits.
Unemployment Appeals: The Hearing
In most states, an appeal of a denial of unemployment benefits involves an administrative hearing. The hearing is usually very informal and is held either at the unemployment agencys administrative offices or, in many states, over the phone.
To continue to receive unemployment compensation, workers typically need to file weekly claims for benefits and document their work search efforts. While you are waiting for your hearing, you should continue to meet these requirements. If you fail to do so, you may be denied benefits even if your appeal is successful.
Howdoes Unemployment Insurance Work
TheU.S. unemployment insurance system has provided a safety net forrecently out-of-work people since the 1930s. With oversight from theU.S. Department of Labor, the system is managed at bothnational and state levels.
Businessesprimarily fund unemployment insurance programs by paying Federal Unemployment Tax Act taxes andState Unemployment Tax Act taxes. No matter what state you arein, your business will pay a set amount in FUTA taxes . But state-level taxes can vary dependingon how much UI previous employees collected, where you are based, howmany employees you have and other factors.
Themajority of states offer up to 26 weeks of unemployment benefits,with the benefit amount calculated basedon the claimants average earnings during .States cut weekly checks or make direct deposits to eligible workersusing the unemployment insurance tax money they collect fromemployers.