At this stage in your appeal for unemployment compensation benefits (“UC Benefits”), you have been before a Referee and denied benefits. You have also appealed to the Unemployment Compensation Board of Review (“UCBR”) and denied benefits. At this point, you have denied benefits twice. What’s the next step? You do have the right to appeal the UCBR decision further to the Commonwealth Court of Pennsylvania (“Commonwealth Court”). However, on your UCBR decision it states you may also request the UCBR to reconsider its decision. What does that mean?
This is known as a Request for Reconsideration. You are basically asking the UCBR to reconsider the evidence and it’s ruling. It is important to remember that the UCBR will only grant reconsideration in limited circumstances and only for “good cause.” It is also important to remember that you must make a Request for Reconsideration within 15 days of the mailing date of the UCBR decision.
Should I also appeal my UCBR decision to the Commonwealth Court as well?
The tricky part with a Request for Reconsideration is that it must be made within 15 days of the mailing date of the UCBR Decision. However, if you also decide to appeal your UCBR decision to the Commonwealth Court, your Petition for Review must be sent to the Commonwealth Court within 30 days of the mailing date of the UCBR Decision. The filing of a Request for Reconsideration does not extend the timeframe to file an appeal to the Commonwealth Court.
Therefore, if you ask the UCBR for a Request for Reconsideration, the Board will likely not render a decision within the 30-day deadline to submit your Petition for Review to the Commonwealth Court. If asking the UCBR for a Request for Reconsideration, you should file your Petition for Review to the Commonwealth Court simultaneously with your Request for Reconsideration. Therefore, you don’t miss any deadlines and lose your opportunity to appeal to the Commonwealth Court if the UCBR denies your Request for Reconsideration.
What is a Petition for Review?
A Petition for Review is basically a numbered or bulleted outline of how the UCBR erred in making its decision to deny your UC Benefits. You have to explain exactly how the UCBR erred. For example, say the UCBR states that it denied your UC Benefits because it found the Employer’s testimony to be more credible. In your Petition for Review, you could state, “the UCBR erred in finding the Employer’s testimony to be more credible.”
You also must include the date on which the UCBR issued its decision and the Board Decision Number (which can be found on the UCBR Decision you received in the mail). If you are filing pro se (i.e., without an attorney), you can generally request a Petition for Review Form from the State. Once the Commonwealth Court receives your Petition for Review, it will notify you whether or not it will accept your appeal.
Keep in mind that a Request for Reconsideration and Petition for Review are two separate appeals. One is being made to the UCBR and one is being made to the Commonwealth Court.
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