Louisiana State Center Wiki: FAQ About Unemployment Insurance Appeals

Unemployment Insurance Benefits

Claimants Frequently Asked Questions About Appeals

See also FAQ About Unemployment Insurance Benefits

How do I file an appeal?

If you have received a "Notice of Claim Determination" or a "Notice of Overpayment" with which you disagree, you may appeal that determination within 15 days of the mailing date of the document. By doing so, you are requesting a hearing before an Administrative Law Judge. The appeal may be filed by visiting the Job Center nearest your residence within 15 days of the mailing date of the form. You may also file the appeal by mail. Simply address your request to the office or unit listed on the determination, indicating that you wish to appeal. The letter must be postmarked no more than 15 days from the date of the determination and must be signed by the person filing the appeal. If you file in person, bring the determination with you to the office. If you file the appeal by mail, enclose a copy of the determination with your letter of appeal, and be sure to sign your appeal.

If you appeal as a claimant, you should continue to file weekly claims until a final decision is rendered or until you return to work.

What happens after the appeal is filed?

When an appeal is filed, you will be mailed a letter acknowledging receipt of your appeal. If you do not receive an acknowledgement letter within ten days of the date you filed the appeal, report to your Job Center for assistance. When the acknowledgement letter is generated, the appeal is sent to the Appeals Section where an Administrative Law Judge reviews it and then schedules it for a hearing.

Where will the appeal hearing be held?

Most hearings are conducted at the office where the claim was filed or at some other hearing location that is within 50 miles of both parties. If both parties are not within 50 miles of a common hearing location, the hearing would be conducted by telephone.

When will the appeal hearing be held?

The hearing will be conducted as soon as possible. This is usually about three to four weeks after the date the appeal was filed.

How will I be notified of the appeal hearing?

A hearing notice will be mailed to the parties. The rules require that the notice be mailed at least ten days before the date of the hearing.

What will be included in the appeal hearing notice?

The hearing notice will indicate the date, time, and location of the hearing. It will also describe the issues that will be discussed at the hearing. If the hearing is to be done by telephone, the notice will include instructions on how to call in for the hearing.

Do I need a representative or attorney for the appeal hearing?

The parties can appear alone or with a representative. A representative can be an attorney or any other person the party chooses to help present the case.

What will happen at the appeal hearing?

At the hearing, the Administrative Law Judge will place the parties and any witnesses under oath and question them about the issues involved in the appeal.

Do I need to prepare for the appeal hearing?

The parties should prepare for the hearing by organizing their case as much as possible prior to the hearing. You should make notes to remind yourself about any information that you will need to tell the Judge, so you will not forget to do so during the hearing.

Do I need witnesses for the appeal hearing?

Witnesses are only necessary if there might be some disagreement about the facts of the case. A witness should be someone who saw or heard something important about the case.

Do I need any documents for the appeal hearing?

The only documents necessary are those which might help you to prove some facts about the case. This might include a doctor's statement, time card, or a statement written by a witness.

Can I subpoena witnesses and documents for the appeal hearing?

The parties can send a written request to the Judge to have witnesses and/or documents subpoenaed for the hearing. The request must contain the name and home address of the witness, and a specific statement of what the testimony or documents will prove. The request must be received at least 72 hours (three days) before the time of the hearing.

Who will make the decision?

The Administrative Law Judge who conducts the hearing will mail a written decision to the parties.

When will I receive the decision?

The written decision is usually mailed to the parties within seven days after the hearing.

Will I have further appeal rights?

The Administrative Law Judge's decision can be appealed to the Louisiana Board of Review, following instructions on the decision. The appeal must be filed within 15 days of the mailing date on the Administrative Law Judge's decision. The decision of the Board of Review can be appealed in the state district courts, also within 15 days of the mailing date, following instructions on the decision.

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Source

http://www.ldol.state.la.us/job_uifaq.asp

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