Unemployment Benefits Denied? What Happens Next?
You have spent your adult life working. But things have suddenly changed. You just lost your job and to make matters worse, after you filed for unemployment benefits, and answered all of the investigator’s questions, you got a letter in the mail saying that they are denying your benefits. What are your options and what happens next?
Step 1
The most important thing to keep in mind after receiving your Notice of Determination is that time is of the essence. While the wheels of justice generally turn slowly, the unemployment compensation appeal deadlines do not, and the law is unforgiving when it comes to late appeals. That is why the first thing you will want to do is look at your Notice of Determination for your appeal deadline.
Step 2
The very next thing you should do is to call an experienced unemployment compensation attorney who will be able to properly assess your case and guide you through the appellate process. Your window to file an appeal is going to be limited, which is why I always urge people to call and schedule a consult as soon as possible.
Every case that comes across my desk is unique and some are more complex than others, which means for the strength of your own case, you should give your attorney as much time possible to meet with you and to evaluate possibility of an appeal.
Step 3
After you have met with your attorney and filed your appeal, you will receive a Hearing Notice within a few weeks. This will be the date and time of your hearing before an Unemployment Compensation Referee.
The Hearing before the Referee is the most important stage of your unemployment compensation appeal.
Except in very rare circumstances, this will be your only opportunity to present evidence and witnesses to support your claim for unemployment benefits. Once the hearing is concluded the Referee will take into consideration the arguments and facts for both sides and will render a decision. The time it takes to receive an Order will vary from Referee to Referee and their current case, but most Orders are received between two (2) and six (6) weeks after the hearing.
A lot of clients will ask me “do I really need an attorney for unemployment benefits appeal?” This is a valid question, and one I sympathize with because to be quite frank you are filing for unemployment, so most likely you don’t have a lot of excess funds. This is why during my initial consultations I always try to be honest with clients on the likelihood of success.
If your case needs that extra push, an experienced attorney will be able to present your case in the best light possible before the Referee makes their decision. This will increase your chances to be awarded benefits. Again, the Referee hearing will be your only opportunity to present witnesses and evidence on your behalf – you want an expert in your corner.
Count on Mooney
Our legal team has decades of experience in complex unemployment situations. We stand ready to assist you in your time of need and you know you can Count on Mooney, whatever your legal need.
Mooney & Associates has 15 offices spread throughout Central Pennsylvania including:
We can meet you at the office location most convenient for you. Contact us today for a free consultation or call us at 717-632-4656 or toll free at 877-632-4656.
