• David Manes

What are the deadlines for filing an unemployment compensation appeal?

If you are going through the process of trying to obtain unemployment compensation benefits (benefits), there are various stages you may encounter. You need to know the deadlines for each stage so you don’t miss your opportunity to obtain benefits.

Notice of Determination

After you file your initial claim for benefits, you will receive a Notice of Determination in the mail. This Notice of Determination tells you whether you are eligible for benefits. It will state the reasons why you were or were not found eligible for benefits. If you are dissatisfied with the determination (i.e., you were found ineligible for benefits), you have the right to appeal the determination.

You must appeal the ruling in your Notice of Determination within 15 days of the mailing date of the determination. The Notice of Determination will always state when the last day to file your appeal is. You must file it by that day. Therefore, your appeal must be e-mailed, faxed or postmarked on the last day to appeal. Always keep proof that you sent your appeal in by the deadline.

Referee Decision

At this stage, you have been before a Referee and he/she has rendered a decision as to whether you are eligible for benefits. If you were found ineligible for benefits, you have the right to appeal to the Unemployment Compensation Board of Review (“UCBR”).

You must appeal the Referee’s decision within 15 days of the mailing date of the decision. The Referee Decision will always state when the last day to file your appeal is. You must file it by that day. Therefore, your appeal must be e-mailed, faxed or postmarked on the last day to appeal. Always keep proof that you sent your appeal in by the deadline.

UCBR Decision

At this stage, you have been before a Referee and the UCBR. Both have denied you benefits. You do have the right to appeal the UCBR decision to the Commonwealth Court. When appealing further to the Commonwealth Court, you have TWO different appeal options.

First, you can appeal the UCBR decision directly to the Commonwealth Court. You must appeal the UCBR’s decision within 30 days of the mailing date of the decision. The UCBR Decision will not state when the last day to file your appeal is. It is important to remember to file before the 30-day deadline. As stated earlier, your appeal must be e-mailed, faxed or postmarked on the last day to appeal. Always keep proof that you sent your appeal in by the deadline.

The second option is that you can ask the UCBR to reconsider its ruling. This is known as a Request for Reconsideration. You are basically asking the UCBR to reconsider the evidence and it’s ruling. You must make a Request for Reconsideration within 15 days of the mailing date of the UCBR decision.

The tricky part is that the Request for Reconsideration must be made within 15 days of the mailing date while the appeal to the Commonwealth Court must be made within 30 days of the mailing date. If you ask the UCBR for a Request for Reconsideration, the Board will likely not render a decision within the 30-day deadline to file an appeal to the Commonwealth Court. Therefore, if asking for a Request for Reconsideration, you should file your appeal 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.

#Unemployment #Referee #Appeal #UC #Deadlines #UCBR #CommonwealthCourt

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