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Appealing a Determination - Frequently Asked Questions (FAQ)
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How do I appeal a determination about my unemployment benefits?
I am appealing a determination, do I need to request benefit payments during the appeal process?
What kind of hearing is this?
What happens in this hearing?
Who can participate in this hearing?
Do I need an attorney or representative?
What if I want someone to represent me?
What are my rights at the hearing?
What evidence can I present?
What witnesses can I present?
How do I request a subpoena?
What information does the judge already have?
How long will it take to get a decision?
What happens if I don't participate in the hearing?
What if I want to stop my appeal?
What if I move during the appeal process?
When will an "In person hearing" be allowed?
What if I disagree with the unemployment law judge’s
decision?
What if I still disagree with the
decision after reconsideration by the unemployment law judge?
How do I appeal a decision about my unemployment benefits?
Applicants and employers can appeal a determination issued by the Minnesota Unemployment Insurance (UI) Program by stating they disagree with this determination and asking that the determination be changed.
Determinations may be appealed electronically, by mail, or fax within the timeframe specified on the determination to be appealed. An appeal submitted online or by fax is not considered filed until the department actually receives it. All applicant and employer determinations explain how to file an appeal.
It is important to review appeal information and act on it promptly. Appeals are subject to strict deadlines; failing to meet these deadlines will prevent your appeal from being considered, even if you have a good reason for missing the deadline. Therefore, leave yourself plenty of time to prepare your appeal and allow for unexpected delays.
I am appealing a determination, do I need to request benefit payments during the appeal process?
You must make continued requests for benefits every week or every two weeks during the appeal process so that if the appeal decision goes in your favor, you will be paid for weeks that you have requested, provided all the other eligibility requirements are met.
What kind of hearing is this?
It is a telephone hearing conducted by an impartial judge employed by the Minnesota Unemployment Insurance (UI) Program. Hearings deal only with unemployment insurance and benefits.
What happens in this hearing?
The judge takes sworn testimony and makes sure all parties have a chance to speak, ask questions, and submit evidence. The proceedings are recorded. The judge will:
- Control the hearing so it is orderly and fair.
- Ask questions to get all the facts needed to make the correct decision of law.
- Explain the issues, and any terms you do not understand.
- Decide which testimony and evidence will be part of the record.
Who can participate in this hearing?
You, your representative, and witnesses on your behalf can participate. If another party is potentially affected by the determination under appeal, they can participate with representation and witnesses.
Do I need an attorney or representative?
This type of hearing does not require an attorney or representative. You may present your own case to the judge. If you decide to have someone represent you, arrange for this person without delay.
What if I want someone to represent me?
- You must arrange that yourself, as soon as possible.
- We cannot recommend or assist you in hiring an attorney or other representative.
- You are responsible for any costs or fees charged by your representative.
- If you are an applicant and you choose to have a representative, only an attorney at law may charge you fees for representing you.
What are my rights at the hearing?
- You can give testimony, and have witnesses present testimony.
- You can present and explain evidence.
- If there is another party, you can question them and any witness.
- You can respond, in turn, to what is said by another party or witness.
- You can make a statement at the close of the hearing.
What evidence can I present?
You can present anything that supports your testimony. Depending on the issue, evidence might be an employer’s written policies, warnings, medical statements, contracts, time or pay records, notes made during the employment, etc. This hearing is the only chance you will have to tell your story and present evidence to a judge. Any further appeal will only review evidence given at this hearing. If you believe you need certain documents that you cannot obtain on your own, you may request that we subpoena them.
If you decide to submit evidence to be considered in the hearing, you should fax or mail the documents prior to the hearing. Please include the Appeal Documents Submission Form that is included with your Notice of Appeal with any evidence you submit.
What witnesses can I present?
You may have witnesses to help prove your case. Witnesses should have firsthand knowledge of what happened in your situation. If you need a witness who will not participate willingly, you may request that we subpoena the witness. A subpoena requires them to participate in the hearing.
How do I request a subpoena?
You request a subpoena during your hearing. If the judge decides to issue a subpoena for evidence or a witness, your hearing will be rescheduled.
What information does the judge already have?
The judge has all documents used to make the original determination. A copy of all the documents is sent to all parties when the hearing is scheduled.
How long will it take to get a decision?
In most cases, the judge will mail a written decision within 20 days of the hearing.
What happens if I don’t participate in the hearing?
If you do not participate, the judge may take testimony and evidence from any other party affected by the issue. The judge can base his or her decision on documents used to make the original determination, and any evidence or testimony taken at the hearing. If you do not participate in the hearing, you usually cannot present any more evidence.
What if I want to stop my appeal?
If you filed the appeal, you may withdraw it anytime before the judge’s decision is mailed. An appeal can be withdrawn using the Self-Service System by logging in to your account at www.uimn.org
If you are an applicant, follow the links "View and Maintain My Account" and "Determination and Issue Summary", then search for the appeal you wish to withdraw.
If you are an employer, search for the appeal after selecting the link "Employer Determinations". If you withdraw your appeal, the determination becomes final.
What if I move or change my phone number during the appeal process?
Applicants and employers are required to notify the UI Program of any change in mailing address or phone information using the Self-Service System. Updates can be completed online at www.uimn.org or by calling the automated phone system and a menu will direct you to staff to change your contact information. It is extremely important to keep this information up-to-date.
When will an "In person hearing" be allowed?
Hearings shall be conducted by telephone unless the unusual circumstances of a particular case make it impractical to conduct the hearing by telephone. Review the In Person Hearing Criteria for more information.
What if I disagree with the Unemployment Law Judge’s decision?
If you disagree with the unemployment law judge’s decision, you can submit a request for reconsideration. You must make this request within 20 days of the mailing of the decision. Requests can be submitted online by logging in to your account at www.uimn.org or by mail or fax. If you submit a timely request for reconsideration, the judge who decided your case after the hearing will look again at the case, based on the information already submitted, including the testimony and evidence from the hearing. The judge will also consider any statement you provide about why you are requesting reconsideration, as well as any statement your employer provides in response to your request.
The judge will generally not consider new evidence after a request for reconsideration unless:
- it shows that something submitted at the hearing was false; or
- it is particularly important and you can show a good reason you did not submit it at the first hearing.
The unemployment law judge will then issue an order affirming the initial decision, changing that decision, or setting that decision aside and ordering a new hearing.
While you are going through this process, continue to request benefit payments every week or every two weeks, even if you have been denied benefits in the decision you are appealing.
What if I still disagree with the decision after reconsideration by the unemployment law judge?
If you still disagree, you can appeal the unemployment law judge’s decision to the Minnesota Court of Appeals. You must do this within 20 days of the date that the order responding to your request for reconsideration is filed by the unemployment law judge.
The Court of Appeals will generally not take new evidence that you did not provide to the UI Program, and will not consider arguments you did not make at the hearing or in your request for reconsideration.
Any questions regarding the procedure for your Court of Appeals case should be addressed to the Clerk of Court's office at (651) 296-2581.
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