Appealing a Denied Unemployment Claim
If your unemployment claim is denied, you have the right to appeal the decision. This guide will walk you through your appeal rights, the steps to take, and what to expect during the appeal process.
Your Appeal Rights
Right to Appeal: You may appeal any determination that denies you benefits.
Preparation: Review the document “Preparing for Your Appeal Hearing” available online at IDES.Illinois.gov. You can also call Claimant Services for information about the appeal process.
Deadline: By law, you must file your appeal within 30 days after a letter of denial has been mailed to you.
How to File: File the request by mail or fax to the address or fax number listed in the determination letter. If the last day for filing your appeal falls on a weekend or a holiday when IDES offices are closed, the appeal may be filed on the next business day. Any request submitted by mail must have a postmark date within the applicable time limit for filing.
Continue Certification: Continue to certify every two weeks if your appeal is pending, but only if you remain unemployed.
What Happens to Your Appeal?
Assignment: Your appeal will be assigned to an impartial Administrative Law Judge (referee) for a hearing. You will be notified of the date and time of the hearing.
Hearing Process: During the hearing, you will have the opportunity to present your case. Present all facts supporting your claim. If witnesses are needed to help present your case, arrange for them to attend.
Representation: You have the right to have a representative, such as an attorney or any other person, to assist you. The state contracts with law firms to provide limited free legal services at IDES appeal hearings to claimants and certain small employers. Representation is not automatic and depends on the specifics of your case. Even if you do not qualify for representation, an attorney will discuss your case with you. If interested in this service, call (800) 884-6591 immediately after receiving a ruling against you or notice of an appeal. Delays could result in an inability to obtain this service.
Further Appeals: If the referee decides against you, you can appeal to the Board of Review, an independent five-person body appointed by the governor. You have 30 days from the date of the referee’s decision to file this appeal. You may fax your appeal to the designated fax number on your Administrative Law Judge’s Decision or file your appeal at an IDES office.
Court Appeal: If you disagree with the Board of Review's decision, you may appeal to the Circuit Court of the county where you live if you reside in Illinois, or to the Circuit Court of Cook County if you live in another state. You will not be required to pay court costs, but you may have to pay for the service of a summons and for a transcript of the record.
Employer Appeal Rights
When you file your first claim for benefits, your last employer and, in some instances, other former employers are notified. They have the right to submit information to IDES regarding your eligibility for benefits. If this information is provided within the specified time period, an employer has the right under Illinois law to appeal the decision that allowed your benefits.
During the Employer’s Appeal
Payment of Benefits: Benefits will be paid to you based on the determination that allowed your benefits even if the employer has appealed.
Repayment: If the employer wins the appeal and the referee decides that the benefits should not have been paid to you, action will be taken to recover those benefits. You will be required to repay any benefits received in error.
Participation: It is important to participate in the referee hearing on the employer’s appeal to present your side of the case.
Notification: If an employer has appealed, you will be notified of the date and time of the hearing.
Important Reminders
Certification: Continue to certify every two weeks if your appeal is pending and as long as you remain unemployed. If the final decision is in your favor, you can be paid benefits only for those weeks you certified for and met all eligibility requirements.
By understanding your appeal rights and the process, you can ensure that you take the necessary steps to appeal a denied unemployment claim effectively. For any questions or further assistance, contact IDES Claimant Services.
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