What do I do when I receive my Notice of Determination denying my UC benefits?
When you get a Notice of Determination, it will state whether you are eligible or ineligible for unemployment compensation benefits (“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, if you are in a race against the deadline, here’s what you should do.
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 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. 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. 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. 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 appeal, you will receive a copy of your appeal in the mail within a couple weeks. This notifies you that your appeal has been accepted and that within the next month you will be receiving a Notice scheduling a hearing before a Referee who will hear your appeal. During this time, 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.