If you applied for unemployment benefits in Pennsylvania and your claim was denied, you may be wondering if you can appeal, how the appeal process works, and whether you need an attorney.
The first thing to be aware of is that the time to appeal a PA UC denial is just 15 days. After you apply for PA UC benefits, you’ll receive a Notice of Determination which lists the office’s findings and whether or not the Claimant is entitled to unemployment benefits. If the Board of Review determines you are eligible for benefits, your employer can appeal the decision. If the Board of Review determines that the Claimant is ineligible for benefits, the Claimant can appeal the decision for a UC referee hearing.
There are three reasons a claim can be denied: (1) the employee didn’t work for the employer long enough; (2) the employee voluntarily quit; or (3) the employee was terminated for willful misconduct, which is often the case for the denial of benefits. Often times a rule violation is presented as the reason for the denial, but this reason for denying UC benefits can be challenged on several grounds.
To see if you would be able to successfully appeal the UC determination, speak to an Attorney immediately. We offer consultations to see if we can present any defenses that would provide you with the ability to challenge the determination and make you eligible to receive unemployment benefits.
If you appeal the Notice of Determination, you’ll then be given a hearing date with an unemployment compensation referee. The referee will hear testimony from the employer and the employee to determine the Claimant’s eligibility for unemployment benefits. The Claimant has the opportunity to cross-examine the employer and any witnesses presented by the employer. The Claimant can also present their own witness to support their claims.
While the Claimants is allowed to have legal representation, a Claimant can represent themselves. However, the experience of an attorney is often necessary to successfully appeal a denial of UC benefits. In order to win an appeal, every element of why you are eligible for benefits must be established. Missing getting a key fact into the record could be the difference between receiving or being denied benefits.
If you would like a case evaluation, we’ll be able to determine whether you are eligible for PA UC benefits if your claim has been denied. Call (484) 362-9286 to speak about your claim. You can win your PA UC appeal!
