Unemployment Insurance Benefit Appeals

Unemployment Insurance (UI) is paid to eligible individuals. Initial decisions about Ul benefits are generally issued through a Determination of Deputy. An interested party, such as the claimant or the employer, who disagrees with the initial decision has the right to appeal. Appeals are heard by an Administrative Law Judge (ALJ) in the Office of Appeals.

If you have filed a claim and have been determined ineligible, and you have an appeal pending, continue to file your weekly claim forms for benefits while  you remain unemployed. If you are subsequently held eligible, you will be paid for only those weeks you made a timely claim for benefits and met other eligibility requirements.

Either the claimant (employee) or the employer may file an appeal. The person filing the appeal is the appellant, and the other party is the appellee.

Appeal rights are found on the determination. An appeal must be filed within the statutory time period shown on the determination:

• 15 calendar days after mailing for a Determination of Deputy
• 15 calendar days after mailing for a Determination of Overpayment
• 15 calendar days after mailing or electronic transmission of the Decision of Appeal Tribunal
• 30 calendar days after mailing of a Decision or Decision Upon Review of the Appeals Board

Your written appeal, signed by you or your authorized representative, must include your name and Social Security number.  Attach a copy of the determination or decision you are appealing if possible (unless you are filing by internet). Your appeal may be:

• Faxed to the number shown on the determination, or
• Mailed to the address printed on the determination, or
• Personally delivered to any Employment Service Office or
• On the Internet

An application for appeal to the Court of Appeals from a decision upon review of the Appeals Board must in writing, following the instructions on the decision or disposition upon review of the Appeals Board.

Do not wait to file your appeal until you have proof to support your case, as you will have time to gather evidence after filing your appeal.

A appeal hearing will be an administrative law hearing conducted by an impartial Administrative Law Judge (ALJ), and deal only with issues relating to unemployment insurance. The ALJ will decide whether unemployment insurance benefits are payable. When appropriate, the ALJ will also decide whether such benefits should be "charged" against an employer's tax rate.

If you do not attend the hearing, the ALJ will not have your testimony and evidence to consider when deciding your case. If you or your represenatitive do not attend the hearing, you may be denied future benefits, and you may have to repay benefits already received. Attending the hearing is critical.

You should bring with you any evidence and witnesses you want the ALJ to consider. You always have the right to have an attorney represent you at the hearing, though not required. The hearings are usually informal enough so that you could represent yourself.

You or your representative questions witnesses, makes legal objections, and makes a closing statement. If you pay the representative, they must be an Arizona attorney.

Community Legal Services or ASU College of Law Clinic represent some individuals at UI hearings under some circumstances. Contact them directly for details. The law firm of Kielsky, Rike & Elgart, PLLC can assist you in your appeal and represent you at the hearing.

The appeal will be decided solely on the testimony and evidence presented at the hearing. To best prepare:

• read the Notice of Hearing carefully, including both sides and all of the attachments
• read the Determination of Deputy carefully, as it explains the ruling and cites the law the Deputy applied in this case
• review the cited laws: Arizona Revised Statutes (A.R.S.) §§ 23-601 through 23-625 (Employment Security) and Arizona Administrative Code (A.A.C.) Title 6 (Economic Security)
• understand how your understanding of the facts lead to a favorable conclusion
• note the events and circumstances as you recall them, and as they assist in leading to a favorable conclusion

You may learn more about the process from the Arizona Department of Economic Security.

The law firm of Kielsky, Rike & Elgart, PLLC can assist you in your Unemployment appeals process. Please contact us to set an appointment to discuss your matter.