Can You Re-Open an Unemployment Case After Being Denied?

You can file an appeal in order to try and reopen your unemployment case after being denied.

Eligibility for unemployment benefits is provided on a temporary basis for people who are jobless due to no fault of their own. The program is managed by states and qualifications, restrictions and procedures vary. Benefits are based on federal law guidelines and administered at the state level. After you have completed an application and submitted the application, you will be notified whether you have been approved. If you were not approved for unemployment benefits, than you can file an appeal. Contact your state department of health and human services in order to determine specific eligibility guidelines and information on reopening your case.

Whether to File an Appeal

When determining whether you want to file an appeal, first look over the reasoning behind why you are being denied benefits. Familiarize yourself with state laws and see whether you are eligible for unemployment benefits and ascertain the reason why you were denied. This will be needed if you choose to contest or appeal.

Who Can File an Appeal

An ex-worker or employer of a person who is denied benefits can file an appeal. The appeal needs to be filed within a certain amount of time, which is determined by the state for which you are applying. An appeals process determines whether your denial can be reconsidered or reopened so that you can begin receiving benefits.

After Filing an Appeal

The state will let you know that your appeal has been received and invite you to participate in an in-person or telephone hearing. If you choose to obtain an attorney, your attorney should file an appearance letter with the appeal tribunal and other parties involved to let them know of the attorney’s involvement.

At the Appeal Hearing

This is your chance to make your case for why you should be approved for benefits. Focus on concrete facts why you should receive benefits rather than appealing to the tribunal solely based on emotionally charged, personal information. That is, the primary basis of your argument should be based on facts. However, the tribunal will consider any issue pertinent to the claim.

Reopening an Appeal

If you disagree with the tribunal’s decision in the hearing process part of the appeal, than you might be able to reopen the appeal. Contact your state to determine these procedures. This will likely need to be filed within a specific time frame after the hearing.

References

• United States Department of Labor: State Unemployment Insurance Benefits
• United States Department of Labor: Unemployment Insurance Topics
• U.S. Department of Labor: State Unemployment Benefits
• MFY Legal Services: How to Represent Yourself in an Unemployment Insurance Hearing
• State of New Hampshire: Unemployment Compensation