Filing an Appeal
[Background image: Picture of Carly, a Customer Service Representative]
Hi, I'm Carly, a Customer Service Representative for the Minnesota Unemployment Insurance Program.
In this video, I'll talk about appealing a Determination of Ineligibility.
I'll explain: what an appeal is, how to file an appeal, and what happens after you file an appeal.
We also have a video about preparing for and participating in the actual hearing that occurs after an appeal is filed.
If you've already filed an appeal or you need to participate in a hearing, you can skip to the end of this video and find a link to the Appeal Hearing video.
Minnesota's Unemployment Insurance law spells out who is and who is not eligible for unemployment benefits.
When you apply for benefits or request your benefits weekly, we ask you questions that help us determine whether or not you are eligible for benefits.
Sometimes we just need information from you and sometimes we need information from both you AND your employer.
Either way, based on the information we have, we issue a formal determination.
If you are eligible, it will be called a Determination of Eligibility. If you are not eligible, or your benefits are reduced, it will be called a Determination of Ineligibility.
Because employers are often involved in the determination process, for the remainder of this video we'll assume that the determination involves an employer.
The process for YOU to appeal is the same whether or not an employer is involved.
The same law that defines who is and is not eligible for unemployment benefits, also gives you a right to appeal a Determination of Ineligibility if you disagree with it.
When you appeal a Determination of Ineligibility, you are telling us that you disagree with the determination and you are requesting a hearing before an Unemployment Law Judge.
The purpose of the hearing is to review the issue covered in the Determination of Ineligibility. Both you and any involved employer have a right to appeal any determination, if either of you disagree with it.
For this video, we'll assume you're the one filing the appeal and your employer will be notified of the hearing.
If your employer is involved in the determination, they can appeal as well and then YOU will be notified of the hearing.
[Screen text: Due date to appeal = mail date, plus 20 days]
We can't tell you whether or not you should appeal a Determination of Ineligibility. But the law requires that you let us know within 20 days of the mail date of the Determination of Ineligibility.
The due date is also provided in the Right of Appeal section of the letter. The law also specifies the ways in which you can tell us you want to appeal. Let's talk about the three ways you can file an appeal.
[Background image/text: Message to send request early enough next to fax machine and mail images.]
You can file an appeal online, by fax, or by mail. Filing ONLINE allows YOU to pick the date and time of the hearing, and you'll receive immediate confirmation that we received your appeal request.
If you appeal by fax, we must receive your fax on or before the due date. If you mail your appeal, the envelope must have a postmark date that is on or before the due date.
Once we get your appeal, we'll assign a hearing date and time for you. Let's take a look at the online process for filing an appeal.
[Background images: Screenshots of the Unemployment Insurance Program home page, Applicant Landing page, and Applicant Self-Service System Login page are displayed as mentioned in narration.]
Your online account is available Monday through Friday between 6:00 A.M. and 6:00 P.M.
The easiest way to log in to your account is to start at www.uimn.org and click Applicants.
Next, on the Applicants page, click Log in to my Account. This will take you to the login page.
[Background image: Applicant Self-Service System My Account Home Page, View and Maintain My Account, and Determination and Issue Summary pages are displayed as mentioned in narration.]
After you've successfully logged in to your account, click View and Maintain My Account. Then, on the View and Maintain My Account page, click Determination and Issue Summary.
This will take you to the page where you can select the issue you want to appeal.
[Background image: Applicant Self-Service System Determination and Issue Summary page.]
If you see several issues listed, and you're confused about which ones affect your eligibility for benefits, give us a call and we'll walk through it with you. You can find our contact information at the end of this video.
If you know which issue you want to appeal, click the Issue Identification Number.
This will take you to the Determination of Eligibility page.
[Background image: Applicant Self-Service System Determination of Eligibility page.]
On the Determination of Eligibility page, click the link File, which is located after the Appeal By date.
[Background image: Applicant Self-Service System Verify Your Contact Information page.]
There are several steps to filing your appeal. At the end you will receive CONFIRMATION that your appeal has been filed.
Your appeal IS NOT complete until you receive the confirmation at the end.
For the first step you will need to verify or update your contact information. This is the address we will use to mail you important documents about your appeal hearing.
If it is incorrect, click Update My Information so you can update your contact information.
Once you've updated your contact information, you'll be taken back to this page.
Double check that your address is correct. If it is, click My Information is Correct. This takes you to the File Appeal page.
[Background image: Applicant Self-Service System File Appeal page.]
Note the warning on the File Appeal page. Be careful to take NO MORE than 45 minutes per page to avoid being automatically logged off.
Note also that you can watch your progress through the appeal process at the top of the page.
Remember, your appeal is not complete until you receive your confirmation at the end.
Click the Start Filing an Appeal button to move to the next step.
[Background image: Applicant Self-Service System Hearing Details page.]
The questions on the Hearing Details page may vary depending on the type of issue you appeal.
We ask you to briefly state the reason why you are appealing the determination.
You can just say you disagree with the determination, or you can give a bit more information to explain why you disagree.
If you will be represented by an attorney at the hearing or if you'll need an interpreter, let us know.
Because all hearings are held by phone, we'll also need to know the phone number where the Unemployment Law Judge can call you for the scheduled hearing.
The phone number you provide is critical, because if the Unemployment Law Judge cannot reach you, or if you fail to provide a phone number, the hearing will proceed without you.
If you will be represented by an attorney at the hearing, you'll be asked to provide their name, address, and phone number.
The judge will send your attorney documents related to the hearing and then call them for the hearing.
If you DO need an interpreter, we'll ask which language you will need interpreted so we can schedule the interpreter.
After you've completed all the fields, click Next to continue and schedule your hearing.
[Background image: Applicant Self-Service System Schedule Your Hearing page.]
Next, you will select the date and time that works best for you. We always display the earliest dates and times possible.
Once you've made your selection, click File Appeal to complete the appeal process and view the confirmation page.
[Background image: Applicant Self-Service System File Appeal, confirmation page.]
The confirmation page verifies that your appeal was successfully filed and displays the hearing details.
To print this page for your records, click the Print button located on this page.
If you choose to have a witness or non-attorney representative for the hearing, click the Add Witness/Non-Attorney Representative button.
[Background image: Applicant Self-Service System Witnesses and Non-Attorney Representatives page.]
This will open a page for you to add witness names and phone numbers, so the judge can include them in the hearing.
When you're done, click Submit to save this information.
[Background image: Applicant Self-Service System File Appeal, confirmation page.]
The confirmation page will display again with a message that the information was successfully added to the appeal.
You can print this page for your records.
After you file an appeal, we mail you an Appeal Hearing Guide. Refer to the guide for details about when you may want to have a witness and how to add witnesses later before the hearing.
There is also a link to the Hearing Guide at the end of this video. Next, I'll cover how to file an appeal by fax or by mail.
If you choose to file your appeal by fax or mail, be sure to include the first page of the determination letter that you're appealing, and a brief statement telling us the reason why you're appealing the determination.
Remember: No matter how you file your appeal - it must be filed by the Appeal By date written on the determination. To be timely, we must receive a faxed appeal on or before the Appeal By date and a mailed appeal must have a postmark date that is on or before the Appeal By date.
The appeal fax number and mailing address are on the determination letter, and at the end of this video. Next, I'll talk about what happens after an appeal is filed and before the hearing.
No matter how an appeal is filed - online, by fax, or mail - after it is filed we mail each involved party an information packet that includes the following three types of documents.
We encourage you to carefully review this information before the hearing.
The Notice of Hearing is your confirmation letter that provides important details you need to know about the hearing, including the date, and time, and how to contact us.
The Appeal Hearing Guide explains how the hearing works, what happens during the hearing, and provides information to help you prepare for the hearing.
Copies of the evidence. This is information already provided to us by both you and your employer about the issue.
Keep the documents in this packet in the order they were received.
It will be easier for you to locate items when the judge refers to them during the hearing.
If an appeal is filed, you should continue to request benefit payments each week you're unemployed so you don't lose benefits.
Once the judge makes a decision, you'll receive all payments you're eligible for, as long as you requested them in a timely manner.
Either you or your former employer can file an appeal about your eligibility for benefits. If your employer appeals, you will be sent a Notice of Hearing that specifies the time and date of the hearing.
It's important that you participate in a hearing initiated by your employer's appeal. If you do not participate, the judge will have to rely only on information provided by your employer to determine your eligibility.
This video has focused on appealing a Determination of Ineligibility. But it's important for you to know that you can and should call us any time you have a question about your eligibility for unemployment benefits, or find a document or process confusing.
As you've learned in this video, there is a firm deadline for filing an appeal. You don't want to miss the deadline because you waited too long to ask us what a determination means to you.
I hope you found this video helpful in understanding the steps in the appeal process. Remember: You have the right to appeal any Unemployment Insurance determination, if you disagree.
Timeliness is critical. File an appeal by the due date stated on the determination letter. You can file an appeal online, by fax, or by mail. But if you file online, you can select the date and time of your hearing.
Continue to request benefit payments while your appeal is pending. Make sure we have accurate and complete contact information so we can call you for the hearing.
If the phone number you want to be called at for the hearing changes, call us so we can help you update your information.
Keep track of the date and time of the hearing and always participate in a hearing that affects you - even if your employer filed the appeal.
Thank you for taking the time to watch this video. Here are some resources, and a link to more detailed information about the appeal process.
If you're going to have a hearing, watch the Appeal Hearing video for more information about preparing for and attending a hearing. If you have questions, call Customer Service, we'll be happy to assist you.
[Screen text: Call Customer Service 651-296-3644 (Twin Cities area), 1-877-898-9090 (Greater Minnesota), 1-866-814-1252 (TTY for the hearing impaired) | Fax: 651-205-4007 | Mail: Appeals Office, P.O. Box 4629, St. Paul, MN 55101-4629 | Links: The Appeal Hearing Guide, Appeal Process, Log in to Your Account, Video Library (Appeal Hearing)]