What Should You Do If Your Unemployment Claim Is Denied?

After your application for unemployment benefits is assessed, you will receive a determination notice from your state's employment agency. If your application is denied, you can file an appeal. Here are some of the things you need to do once you are denied unemployment. 

Request an Appeal

Once you have received your determination notice, you have to decide quickly whether or not you want to appeal. Each state has time restrictions that only allow you a certain amount of time to file an appeal. The amount of time varies by state, but the time allowed can be relatively short. For instance, in the state of Texas, you only have 14 days to file an appeal after you receive the determination letter. By contrast, in New York, claimants have up to 30 days to file an appeal.

The appeal should be in writing. A form might be included with your determination letter. If so, complete it and return it to the employment agency. If it is not, you will need to write a letter yourself. The letter needs to include your personal information, the request for the appeal, and the dates you cannot attend a hearing. Send a copy of the determination notice in with your letter. 

Prepare for the Hearing

The state employment agency will schedule a hearing and send you notice of the date and time. You need to gather as much evidence as possible to show that you are entitled to receive unemployment benefits. For instance, if you were denied benefits because you did not meet the length of time work requirements, collect all of your pay statements that show how long you actually worked. If you were denied because your employer alleges that you were not performing well, you can provide copies of evaluations you received if they show that you received favorable markings. 

If you have witnesses who can provide information that would help your case, arrange for them to be present. If they are unable to attend, you need to get a written statement from them.

During the hearing, you will be allowed to present your case. Write down the facts of your case and review them before the hearing so that you are familiar with them. 

If you are unsure that you can handle the unemployment appeals process, consult with an attorney. The attorney will not only be familiar with your state's laws, but can help you prepare for the hearing. Click here for more information on unemployment hearings.

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