Denial: What are my appeal rights?
If you disagree with a determination, you
or your duly authorized agent may file an appeal. You may appeal if you believe
the law was incorrectly applied or all the facts were not considered when the
determination was made. If you do not understand a determination or notice,
contact your Regional Claims Center (RCC).
Your appeal rights and time limits are explained on each determination. If you
do not file within the time limit, you may lose your right to appeal.
Generally, only circumstances beyond your reasonable control will be considered
good cause for late filing. Methods for filing your appeal will be available on
your determination letter.
While waiting for the appeals hearing and decision, you must continue to
file weekly request for payments for each week you are unemployed and seeking unemployment
benefits. You will not receive unemployment benefits for any week that was not requested
in a timely manner, even if the appealed determination is reversed.
It is important that you participate in any appeal hearing for which you receive a hearing notice. If you file an appeal to a determination, and you do not participate in the hearing, the hearing will be dismissed, and the determination will stay the same. An employer may file an appeal to a determination that finds you eligible to receive benefits. If your employer files an appeal, and you do not participate in the hearing, the hearing will be based on the information the employer provides during the hearing. Without your testimony, the employer may win the appeal and you would have to pay back any benefits received. An employer’s appeal will not cause your benefits to stop, unless the employer wins the appeal.
For more information on how to file an appeal.