If you are reading this, you are likely wondering when your Unemployment Determination is going to arrive. Well, the truth it, it varies based on the workload of the unemployment office and at which level your Unemployment rests at. During the first year or so of the COVID-19 Pandemic, the unemployment offices were increasingly overwhelmed and decisions took twice as long, if not more, to be issued. Fortunately, this isn't as big of a concern as it was back then.
According to the Office of Unemployment Compensation, a determination letter is usually received by the Claimant (the person claiming unemployment benefits) with 10-15 days of filing your first biweekly claim. A Determination Letter, also known as a Notice of Determination, is the decision from the Referee's Office, letting you know if you are eligible or not eligible for unemployment benefits.
This letter also tells you how the benefits are calculated and can tell you if you have an overpayment, which means you owe money back to the state. There are multiple variations of these decisions, including a fraudulent overpayment or a non-fraudulent overpayment. These variations of decisions can get tricky and confusing t times. If you don't understand what your determination means, or you need help to appeal it, contacting an Unemployment Compensation attorney is a great option for you.
Just remember to keep filing your biweekly claims as needed. If your benefits are granted and you still need benefits, you'll be able to collect. If your benefits are denied, you need to continue filing claims during the time you're appealing a decision.
If you are found ineligible for benefits or you want to argue why you shouldn't have an overpayment against you, an appeal to the Referee's Office can be filed a hearing will be scheduled. If you are denied again or told the overpayment is affirmed, the next level is to go to the UCBR and request permission to file a legal brief explaining why you should receive benefits or why you should not have an overpayment of benefit.
Now, this isn't as cut and dry as the Referee's Determination. This requires a more in-depth argument of the law. Having an Unemployment Compensation attorney who understands the ins and outs of the law can help you out. At this level, there isn't a hearing, just a legal argument that is submitted to the UCBR.
In this instance, the Determination Letter is called a Decision and Order, which is mailed out from the Department of Labor itself. This letter will go through the evidence as provided, have the facts laid out under a section called the Finding of Facts, and will tell you whether or not you are eligible for benefits or not.
Because the UCBR level of appeals is not as cut and dry as initial filings or referee hearings, receiving the determination from the UCBR can take much longer than the first determination. the Office of Unemployment Compensation does not offer a timeline for when this determination will be given to the Claimant.
