At this point in your attempts to collect unemployment compensation benefits (“UC Benefits”), you have received your Notice of Determination stating you were ineligible for UC Benefits. If you are found ineligible, you should appeal immediately because only get 15 days to appeal the decision in the Notice of Determination. The Notice of Determination will specifically state, “the final day to file a timely appeal to this determination is________.” You must file your appeal on or before that date. Preferably, you should hire an attorney to file an appeal to the Notice of Determination. However, here is a guide to assist you in filing an appeal to your Notice of Determination.
First, fill out the Petition for Appeal form that accompanies your Notice of Determination. If you do not have a Petition for Appeal form, you may simply send in a written letter (handwritten or typed) including: (1) your name, (2) your address, (3) your Social Security number, (4) the date of the determination being appealed, (5) the reason for the appeal and (6) the name and address of the person filing the appeal.
Second, once you have completed the Petition for Appeal form or have a written letter, you must fax, mail or e-mail such before the 15-day deadline. The appropriate fax number and addresses appear on the second page of your Notice of Determination. It is important to send your Petition for Appeal to the correct Service Center unless your appeal may be deemed late. If your appeal is deemed late, you may lose your chance to appeal your Notice of Determination. You may also personally deliver your appeal to any CareerLink office.
It is important to remember that the appeal must be filed on or before the 15 day deadline occurs.
If you file your appeal by mail, the appeal is filed on the date of the USPS postmark. For example, if your appeal is due by January 1, 2014 and you choose to mail your appeal, it must be postmarked on or before January 1, 2014. Make sure to mail your Petition for Appeal to the correct address or else your appeal may be deemed late and you may lose the chance to appeal your Notice of Determination.
If you file your appeal by fax, the appeal is filed on the date that is imprinted on the receipt by the receiving fax machine. If you choose to file your appeal by fax, make sure to retain a copy of the fax receipt to verify when your appeal was sent. Make sure to fax your Petition for Appeal to the correct number or else your appeal may be deemed late and you may lose the chance to appeal your Notice of Determination.
If you file your appeal by e-mail, the appeal is filed on the date that is imprinted on the receipt recorded by the Department’s electronic transmission system. If you choose to file your appeal by e-mail, you will receive a confirmation email acknowledging your appeal has been received. Keep this confirmation email for your records to verify the appeal was sent.
If you file your appeal by personal delivery to a CareerLink, your appeal is filed on the date it is delivered to the CareerLink office.
Once you have sent in your Petition for Appeal, you will receive a copy of your Petition for Appeal in the mail within a couple weeks. This notifies you that your Petition for Appeal has been accepted. Typically, within the next month you will be receiving a Notice scheduling a hearing before a Referee. It is at the Referee Hearing that you will introduce evidence to prove why you should be eligible for UC Benefits. The Referee will then issue a decision stating whether he/she affirms (agrees) with the Notice of Determination or reverses (disagrees) with the Notice of Determination.
While you wait for a Referee Hearing date, you should speak with an attorney. An attorney can prepare a proper defense as to why your appeal should be granted and benefits should be granted. The attorney will also accompany you to the Referee Hearing and aid in obtaining your UC Benefits.
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