Tuesday, March 26, 2024

I Was Denied Unemployment What Can I Do

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Shouldemployers Contest Unemployment Benefit Claims From Former Employees

Denied unemployment? You can appeal. Here’s how.

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.

CO aims to bring you inspiration from leading respected experts. However, before making any business decision, you should consult a professional who can advise you based on your individual situation.

for more expert tips & business owners stories.

To stay on top of all the news impacting your small business, go here for all of our latest small business news and updates.

Quitting Your Last Job

To collect unemployment, you must be out of work through no fault of your own. So if you quit your job voluntarily, without good cause, you may not receive benefits. In Pennsylvania, you may have good cause if you quit for a compelling reason that left you no other choice, and you made every effort to keep your job. For example, if you quit for health reasons that your employer could not accommodate, or to relocate with a spouse, you will likely still receive benefits.

If Oah Selects You For A Telephone Hearing

If OAH determines that your appeal is not a good candidate for a BAP, the OAH will:

  • Schedule a telephone hearing.
  • Send you a Notice of Hearing with the date, time and instructions for the hearing. You will need to call in by phone.
  • Send copies of your file to all parties involved in your appeal. These parties include you, your witnesses and any interested employer.

After you receive the Notice of Hearing, you can use the OAH Participant Portal to track the status of your appeal.

If you did not get a Notice of Hearing but believe OAH has received your appeal, contact the OAH Call Center at 800-366-0955.

If you have additional information

While your appeal is pending, you may still resolve the matter by working with ESD. We can make a redetermination up to 48 hours before your hearing. Due to a backlog of appeals, working with ESD might resolve your issue faster.

If you needfree legal help

You may hire a lawyer. If you cannot afford a lawyer, free or low-cost representation may be available. Here are some resources:

What to expect from your hearing

If you dont attend the hearing, the judge may rule against you.

What happens after the hearing

If the Initial Order goes in your favor

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Will My Boss Know If I File For Unemployment

Can the boss find out that you have been collecting unemployment? The short answer is sort of, but they won’t get that information from the government. There’s no secret file out there with your name on it containing your entire work history and its ups and downsat least, not one that employers can access.

Reasons Your Unemployment Claim Was Rejected And How To Fix It

Quit Job Get Unemployment Benefits

A critical component of the social safety net, unemployment insurance is a joint state-federal program that pays cash to eligible people who are out of work until they can find new jobs. In the time of the pandemic, unemployment benefits were the difference between sinking and swimming for millions of Americans. The Federal Pandemic Unemployment Compensation program was a key element of the CARES Act, but its $600 per week bonus compensation expired in July 2020.

Bonus Offer: Earn up to $1,500 by opening a Citi Priority Account with required activities.

The stimulus relief package that Congress passed in late December, however, extends FPUC into 2021, but the benefits have been reduced by half to $300. In most cases, anyone who is eligible to receive standard unemployment benefits will qualify for the FPUC boost but what about those whose claims are denied? If you applied for unemployment benefits but got bad news in the mail, dont panic. There are steps you can take and things you can do to fix it and get the payments you need to see you through.

Read Also: Who Pays For Unemployment Insurance

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.

Why Is An Employer Allowed To Contest An Unemployment Claim

The Unemployment Insurance Program is funded by employer payroll taxes. The employers have a vested interest in ensuring that this program is operated correctly and that former employees have not made false or inappropriate claims against the insurance fund. Additionally, employers that have former employees that use the unemployment fund frequently may be subject to a higher tax rate to account for the stress their former employees are putting on the system. Like all insurance programs, employers that cause the fund to make payments may find that they must contribute at a higher level.

Also Check: Where Do I Get My Unemployment Tax Form

What Do I Need To Do For The Unemployment Benefit Appeal Process

During this process you will be asked to produce all evidence and witnesses to demonstrate that you are entitled to the benefits that you are seeking. All evidence and potential witnesses will need to be disclosed to both the referee and your former employer in advance of the hearing date. The referee will send out a list of deadlines and requirements which you will need to comply with, as well as schedule an appropriate hearing date. Any witnesses must appear in person at the appropriate hearing dates. Affidavits or written statements are not generally accepted to evidence your position as both sides have the right to question all witnesses.

Assembling Documentation For A Hearing

What to Do If You’re Wrongfully Denied Unemployment Benefits

In assembling your documentation and witnesses, ascertain what each document proves and what each of your witnesses can say. If a witness is unsure of their testimony or can’t fully support your claim, look for other ways to prove your case. Keep in mind that your former employer is going through the same process.

During the hearing, you may have the chance to contest your former employer’s evidence or cross-examine the company’s witnesses. You won’t know for sure what evidence your employer will bring or what the witnesses will say, so prepare yourself for various scenarios and situations based on the circumstances under which you left employment. Be prepared with as much evidence, documentation and witness accounts as you can gather.

The official who conducts the hearing decides on your appeal. Both you and your former employer have the right to contest that decision, whether within the state’s unemployment agency or in the state’s court system. If you win your appeal and are granted unemployment benefits, you can collect those benefits even if your former employer contests the decision. You can continue receiving benefits until another authority rules against you. If you are denied your appeal, you can escalate to a higher level in the state unemployment agency or appeal to the state court system.

References

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Attorney Russell Jg Amsberry

Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazines listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo.

Unemployment Benefits And Disability Law

There is a quandary in applying for federal Social Security disability benefits while also signing up for state unemployment insurance. On the one hand, a Social Security disability applicant, to be eligible, is claiming that any kind of work is impossible. On the other hand, asking for unemployment insurance means swearing that the applicant is available, willing and able to work. Often, continuing proof of job searches must be provided for unemployment to continue.

This sticky situation is usually not considered at the first levels of application for Social Security benefits. But when a case arrives at the hearing, issues of credibility may arise. While receipt of unemployment benefits is not an automatic bar to disability benefits, it is a delicate matter to present to a judge. Technically, a claim cannot be denied solely on this basis. But there can be challenging moments if a claimant is directly asked a question such as: were you lying then or are you lying now?

The reality is that state unemployment benefits are processed and paid much more quickly than Social Security benefits. Most federal courts hold that application for unemployment is some evidence, but not conclusive evidence of ability to work, and of credibility.

Recommended Reading: How Do I Refile For Unemployment

What If The State Says Im Not Eligible For Benefits

The state assesses your eligibility by looking at your highest quarterly wages, total base-year wages, and credit weeks during the base year.

What is the base year? Its the first four of the last five completed calendar quarters immediately before when you apply for benefits. So, if you applied in March, the base year would start on Oct. 1, 2018, and go through the end of September 2019. If you filed in April, the dates would be for the calendar year 2019.

Some people are rejected because they didnt earn enough during the base year. But heres something to try: Some advocates recommend refiling your application starting with weeks after April 5, which changes the dates that are considered for your eligibility.

Philadelphia Legal Assistance has assembled a plain-language flow chart that can help you break down the complicated process. That link also includes the same information in Spanish and in Chinese.

They Denied My Unemployment Claimnow What

Unemployment Identity Verification Denied

The good news is that the enhanced unemployment benefits available in response to COVID-19 provide unprecedented and supplemental financial relief to employees. The bad news is that you applied for these generous benefits, but you have received a denial from the CTDOL. So now what are your options? First, you must believe that the determination denying your benefits was in some way erroneous. Perhaps certain information was missing or reported incorrectly, or perhaps the fact finder at the CTDOL just made an improper or misguided determination. Regardless of the reason for the denial, if you believe the decision was WRONG, then you should take the next steps to reverse the decision and get your benefits as soon as possible. In almost all instances, if an unemployment determination is reversed, you will get your full benefits retroactively, assuming you continue to file weekly claims. So, what is the process for getting the CTDOL to reconsider your application and approve your benefits? This same process would be filed in all other states, but check your state department of labor website by using the following LINK.

YOU MUST FILE AN APPEAL:

You have 21 days after the date of the DOLs written decision to file your appeal. Here are the different ways you can file your appeal:

WHAT HAPPENS NEXT:

WHAT YOU NEED TO KNOW ABOUT YOUR UNEMPLOYMENT APPEAL HEARING:

PREPARING FOR YOUR HEARING:

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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.

I Lost My Appeal What Now

While you can always appeal your appeal, unemployment insurance shouldn’t be your sole focus.

Here are some tips for minimizing your costs until you find your next full-time job:

  • Medical insurance through COBRA. In general, you should get COBRA benefits, unless a “qualifying event” occurs that makes you ineligible.
  • Find a part-time job. It might not be the salary you wanted, but some income is better than none at all.
  • Live within your budget. When you’re unemployed, you don’t need any new debt weighing you down.
  • Update your resume and stay positive. Potential employers are going to want to see you at your best, so avoid sliding into a pit of self-loathing.

Related Resources:

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How Often Do Employees Win Unemployment Appeals

Its difficult to find exact numbers on how often employees win unemployment appeals. The State of Texas does not publicize these statistics. Additionally, because each case has different circumstances related to it, having a blanket percentage of people who win hearings is not a particularly useful statistic. An employee seeking an unemployment benefit appeal who does not have the proper paperwork to prove the case is going to struggle. Others who can use facts and witness testimony to show why they deserve benefits are going to have a better chance of winning desirable judgments.

Ultimately, in our experience, those who prepare thoroughly will have a better chance of receiving a favorable outcome. Hiring an attorney who has experience dealing with unemployment appeal hearings and who knows what the appeals officer wants to see can go a long way toward giving you a better chance of an outcome in your favor.

What Happens If My Benefits Are Denied Or Reduced After My Claim Is Contested

How to handle denied unemployment claims

If your former employer contests your unemployment claim and it is determined that your benefits should be reduced or denied, this will be treated as an overpayment. If you receive an overpayment, you must repay IDES 100% of the funds that were received as part of the overpayment.

IDES will try to recapture or collect the funds that have been inappropriately paid to you. This can be done in a few ways. If your benefits are reduced but you will still be receiving some benefit, IDES can reduce your weekly benefit by up to 25% to reimburse the fund for the overpayment until paid in full. Alternatively, you may elect to pay the full amount back to IDES in a lump sum, which will leave your weekly benefit unaffected.

If you are denied benefits entirely after originally being awarded benefits, you will need to pay back IDES directly. Failure to do so may disqualify you from future eligibility. Additionally, the State Comptrollers office may reduce any future payments to you to collect outstanding overpayment funds.

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Eligibility For Unemployment Benefits

The U.S. Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own. If your reason for leaving your last job was something other than lack of work, a determination will be made by your State Unemployment Insurance agency regarding whether you are eligible for benefits.

In addition, claimants must meet state eligibility requirements. These vary from state to state, but many of them are similar throughout the country.

Because unemployment law varies by state, it is important to check with your state unemployment insurance agency for qualification and disqualification guidelines in your location.

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