Appeal: 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 former employee's Determination of Eligibility or 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.
An appeal is a request for a hearing before an Unemployment Law Judge AFTER an initial determination has been issued by the Department.
The Department issues a number of different types of determinations and all of them can be appealed. The two most commonly appealed determinations are Determinations of Eligibility and Determinations of Ineligibility.
Because they are the most common and ALWAYS involve a former employee, we’ll focus on them in this video.
We’ll include links to other appeal information at the end of this video.
If you have questions about any determination, call Customer Service and we’ll be happy to help you.
When an applicant applies for benefits or makes a weekly request for benefits, we ask him or her a series of questions. Based on the applicant’s answers, “issues” may be raised which will require the applicant to answer a few more questions.
If the issue is related to the applicant’s employment, we’ll ask the applicant’s employer a similar set of questions. Then, based on all of this information, a Determination of Eligibility or Determination of Ineligibility is issued.
Employers can also “raise an issue,” and if they do, the same fact-finding process will occur. Most commonly, employers raise issues because either the applicant failed to disclose a barrier to eligibility that the employer knows about; or the employer does not believe their account should be charged for benefits paid to the applicant.
The terms “raise an issue” and “appeal” can seem like they mean the same thing. Just remember, “raising an issue” is when you tell us about something we have not issued a determination about.
There’s a link to a video about raising an issue at the end of this video.
The same law that defines who is eligible and who is not eligible for unemployment benefits, and if an employer should be charged, also gives employers and applicants the right to appeal any determination they disagree with.
Whether you appeal a determination or a former employee appeals, it’s important that both parties participate in the hearing so that the Unemployment Law Judge gets all the information he or she needs to make a good decision.
For this video, we’ll assume you’re the one filing the appeal and the applicant will be notified of the hearing.
We can’t tell you whether or not you should appeal a determination. But the law requires that you let us know within 20 days of the mail date of the determination.
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.
As an employer, you can file an appeal online, by fax, or by mail. Filing ONLINE is quick and easy. It allows YOU to pick the date and time of the hearing, and you’ll receive immediate confirmation that your appeal request was received.
Agents who represent employers are REQUIRED to file appeals online. If you’re an employer, and you do choose to appeal by fax or mail, you’ll need to be sure to send the appeal request early enough so that we receive it by the due date.
Once we get your fax or mail appeal, we’ll assign a hearing date and time for you. Let’s take a look at the online process for filing an appeal.
The easiest way to log in to your account is to start at www.uimn.org, and click Employers & Agents.
Next, under "Log in to my Account," click Employers.
This will take you to the login page.
After you’ve successfully logged in to your account, click Determinations and Issue Summary.
This will take you to a page that lists determinations that were recently mailed.
On the Determination and Issue Summary page you’ll see a list of recent applicant-related activities. If you don’t have a lot of Unemployment Insurance activity, you may be able to find the applicant associated with the determination you wish to appeal.
If you see the determination you want to appeal, just click the Social Security number associated with it. If you don’t see the applicant associated with the determination you want to appeal, you may have to do a custom search.
If you click Custom Search, you’ll be able to search by Social Security number or applicant name.
Once you submit your Custom Search, you’ll be presented with a list of determinations and other activities.
Select the determination you wish to appeal by clicking the Social Security number in the left-most column.
If you see several determinations listed, and you’re not sure which one you want to appeal, give us a call and we’ll walk through it with you. You can find our contact information at the end of this video.
Once you select a determination, you’ll be taken to the Determination of Eligibility Detail page. Click the link titled “File an Appeal.” This will take you to the page where you can begin the appeal process.
There are several steps to filing your appeal. At the end, you will receive confirmation that your appeal has been successfully filed. Your appeal IS NOT complete until you receive the confirmation at the end.
Note the warning on the File Appeal page. Be careful to take NO MORE then 30 minutes per page to avoid being automatically logged out.
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 Start Filing an Appeal to move to the next step.
We start by asking for the contact information for the person filing the appeal and the person who will actually participate in the hearing.
It’s important that you provide a specific contact and phone number for the person who will represent you at the hearing.
All unemployment insurance hearings are held by phone, and if the Unemployment Law Judge cannot reach you, the hearing may go forward without your testimony.
After you’ve entered the information, click Next to continue.
On the Hearing Details page, we ask you to briefly state the reason why you’re appealing the determination.
You can just say you disagree with 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 need an interpreter, let us know.
If you will be represented by an attorney at the hearing, you’ll be asked to provide their name, address, and phone number so the judge can 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.
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.
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.
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: To be considered timely, your appeal must be received by the Appeal By date on the determination.
An appeal submitted by fax or mail is not considered filed until we ACTUALLY RECEIVE IT, not when you send it. So be sure you send it early enough so we receive it by the due 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 by 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 about the issue already provided to us by you and the applicant.
Keep the documents in this packet in the order they were received, so it will be easier for you to locate items when the judge refers to them during the hearing.
Either you or your former employee can appeal a determination. If your employee 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 any hearing you’re scheduled to attend. If the appeal involves a former employee and you don’t attend the hearing, the judge will have to rely only on testimony obtained from the applicant during the hearing to determine their eligibility and charges to your account.
This video has focused on appealing a Determination of Eligibility or Determination of Ineligibility. It’s important for you to know that you can and should call us any time you have a question about your former employee’s eligibility for unemployment benefits, or if you have questions about any other kind of determination or document you receive from us.
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, except agents are required to file online.
But if you file online, you can select the date and time of your hearing. 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, even if your former employee filed the appeal.
Thank you for taking the time to watch this video. Here is a link to The Appeal Hearing Guide and a link to more detailed information on the Appeal Process.
If you’re going to have a hearing, watch the Appeal Hearing video for information about preparing for and attending a hearing. If you have questions, call Customer Service; we’ll be happy to assist you.
[Screen text: Customer Service Phone: 651-296-6141 (press 4 to speak to a representative) | Fax: 651-205-4007 | Mail: Appeals Office, P.O. Box 4629, St. Paul, MN 55101-4629 | Appeals Office Phone: 651-296-3745 | Links for more information: The Appeal Hearing Guide, Appeal Process, Video Library, Log in to My Account]