1Reasons For Denial of Benefits

When your claims are initially denied it is probably because of one of these reasons:

• You quit your job voluntarily – If you quit your job, whether or not you qualify for unemployment depends upon your reasons for quitting. The state agency’s decision to deny you the benefits is because your reasons for quitting didn’t qualify.

• You were dismissed for misconduct – Though you were fired it doesn’t necessarily mean that you don’t qualify for unemployment benefits. However, you may be denied if your employer fired you for reasons that meet the state law’s definition of misconduct.

• During the base period your earnings or work were insufficient – In each state there are work requirement or earnings that must be met. If you don’t meet them, the agency may deny your claims for unemployment benefits.

You may have secured some income from sources that are irrelevant to these requirements e.g. side businesses, etc., and your employer may have reported your earnings inaccurately. The following are the procedures to follow when you are appealing for unemployment benefits:

2Establish Your Appeal Time Frame

Establish the amount of time available for your appeal. You should begin by going through your denial letter to find out how much time you have to make an appeal. Depending on the state you reside in this length of time ranges anywhere between 30 and 45 days. The letter should also inform you of the reason behind the denial of your benefits.

3Write a Detailed Appeals Letter

The next step should be to write an appeals letter addressed to the sender of your denial letter – this should be done well and must be completed before the set expiration due date. In the letter you should explain why you are opposed to the decision and also request for a hearing for the matter. You may find it necessary to explain that you’ll be hiring an attorney or representing yourself, but if this decision isn’t made at the time of writing the letter you can inform the appeals division about it before the date of your hearing.

4Decide Who Will Represent You

Decide if you’ll be self-represented or with an attorney. Details about who will represent you must be provided to the appeals referee or hearing officer. You should then get prepared for your hearing date – this can be communicated by phone. All the documents that are relevant for your appeal must be gathered together to prepare for the hearing.

For instance, if the reason for your termination was due to performance issues, you should collect all of your evaluations you may have received alongside any other evidence documentation that backs up the reason for your termination. Your termination letter must also be part of these documents as it shows the reason why your employer terminated your job.

In cases where you don’t have any of these documents you should inform your hearing officer of the matter so that you can subpoena your employer for them; the documents should accordingly be prepared and sent to you via mail.

5Ensure Addresses Are Correct

Prior to mailing the subpoena form to your employer ensure that the address you have is correct. Also ensure all the addresses are correct for all parties to who these forms will be sent. Make sure that these documents are submitted to the hearing officer or appeals referee before the date of your hearing.

6Prepare Additional Proof (if needed)

For evidence that must be viewed, it is advised to request a face-to-face interview. You should also find out the details about the evidence that has been presented against you. Do this by requesting to review the files presented by your employer as these will have details of the claims he/she has made against you.

7Prepare Opening and Closing Statements

The preparation of effective opening and closing statements is imperative as these will succinctly describe what you intend to prove (in the opening) and summarize (in the closing) what you have proved. Other details that should be prepared in advance include the questions you wish your employer to respond to. Just in case you wish to use witnesses ensure that they have been subpoenaed well before your hearing date is due.

8On the Day of Your Hearing

It goes without saying that on your hearing date you must be present and available. Following the session you will have to wait for the appeals board to arrive at a decision; this period of waiting may be as long as a few weeks.

As you await this decision, you should make a point of continuing your job search. This is vital because the decision may declare that you have won the appeal and that you are eligible to claim for benefits instantly, but this will depend on whether or not you have been hunting for employment. It is also important for you not to reject any pertinent job opportunity during this period as this may result in you not being paid benefits for a given week.