How Can I Know When an Unemployment Appeal Goes Through?
Filing an unemployment appeal can be a confusing process. Once the unemployment appeal is filed, how do you ensure that the appeal has been accepted for review? Unemployment law lays out certain policies that determine how an appeal is made, processed, and decided.
How Can I Know When an Unemployment Appeal Goes Through?
After an unemployment appeal is filed, a Notice of Hearing will be issued to the employer and the employee. This confirms that your appeal is being processed, and you will have a hearing to present why you deserve unemployment benefits.
The notice of hearing provides all important information, including the day, time, and location of the hearing. Also, the document specifies what issues will be under review by the referee.
When you appeal multiple times for unemployment benefits, the appeal progresses from the Referee’s Hearing to the Unemployment Compensation Board of Review to the Commonwealth Court. Be aware that the decision given by the Commonwealth Court is final. Each appeal will be followed by a Notice of Hearing giving the hearing details.
Two Types of Hearings
Hearings can be conducted in one of two ways: in person or on the telephone. However, certain requirements must be met to allow for telephone hearings. For the most part, in-person hearings are much more preferred than a telephone hearing.
Some people believe that a decision is determined after multiple hearings. That is not true. The point is to win your appeal at the very first hearing and to have no others.
In-Person Hearing
- Notice of Hearing Date about seven days before
- Entire case must be presented for Referee
- Bring extra copies of documents
- Witnesses are allowed
Telephone Hearing
- One party must be 50+ miles away from hearing location
- Notice of hearing given 14 days before
- Submission of document before hearing
- Receipt of telephone regulations
This hearing is crucial. At this hearing, all relevant evidence and witness testimony must be presented. No information should be held back for a future date. The point is to win this hearing. If you don’t win and you choose to appeal again, future hearings do not allow additional evidence.
When Do I Find Out the Results of the Unemployment Hearing?
One to two weeks after the hearing, the Referee’s decision will arrive in the mail. The decision will also include a deadline for when you can file an appeal with the Unemployment Compensation Board of Review. This is usually a 15-day period from the date of mailing.
If you haven’t had a lawyer up to this point, you may want to consult one now. A UCBR appeal is further complicated that the Referee appeal and requires an in-depth knowledge of the unemployment law. Your odds of winning your unemployment benefits improves with the help of a lawyer.
What Are a Few Tips for an UCBR Appeal?
To enhance your chances of winning your appeal, hire a lawyer. For the appeal, your lawyer will outline a list of very specific reasons for appealing the Referee’s decision. If the board doesn’t believe these reasons are good enough, you may not be given notice of a hearing.
Seek a written copy of your record from the Referee hearing. You can request this to help you build your list for appealing.
Keep in Mind
- Notice of Hearing arrives in the mail
- The Referee’s hearing is the on place for sharing evidence, documents, and witnesses
- Read every document and sign nothing without reading
- Ask questions if you’re not sure about something
- Check the deadline for filing an appeal
When Will I Begin Receiving my Unemployment Benefits?
After applying for your unemployment benefits, the federal Department of Labor expects you to receive the check within two to three weeks of application. If extra information is required, follow-up will be required.
The goal is to win your unemployment hearing during the Referee hearing. To improve your chances of winning, consult a lawyer. A lawyer understands the process of the unemployment hearing and what information is important to win that hearing. If the situation continues through the appeal process, a lawyer provides the insight for each more intense hearing.
Chat with an employment attorney: (412) 626-5626 or lawyer@lawkm.com.
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