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How do Wisconsin Unemployment Insurance claims progress?

Individuals are often curious about how their unemployment insurance claim will progress through the system and how long it will take. These are the steps and the available appeals. 

1. Application for benefits. Eligible employees may make their initial claims online or by telephone. (1 day).

http://dwd.wisconsin.gov/uiben/ or toll free 1-800-UC-CLAIM.

2. Investigation/Adjudication. The UI Division will assign an Adjudicator (Investigator) to determine whether the claimant is eligible for benefits by contacting both the employer and the employee in writing and/or by telephone and evaluating the facts. The Adjudicator issues an initial determination. (2-3 weeks).

3. ALJ Appeal. Both the employer and the employee have an opportunity to request a formal hearing before an Administrative Law Judge. The Initial Determination may be appealed by the deadline listed on the Initial Determination. If a late appeal is filed, the late appellant must establish, at a hearing before an ALJ, that it had good cause for the late appeal. If a timely appeal is filed, a hearing will be scheduled. (3-8 weeks).

4. ALJ Determination. The ALJ will issue a written determination following the hearing. Both parties may formally appeal this Appeal Tribunal Determination to the Labor Industry Review Commission (LIRC) by mail, fax, or online. (1 day-1 month).

P. O. Box 8126, Madison WI 53708-8126

Fax: (608) 267-4409

http://dwd.wisconsin.gov/lirc/petition/uipetition.asp

5. LIRC Appeal. The LIRC will review the record, determine whether the appeal warrants reversal or a new hearing, and issue a written determination. Either party may request copies of the hearing recording, a typed synopsis, and/or an opportunity to submit position statement or briefs. (3-6 months).

http://dwd.wisconsin.gov/lirc/ucdgindx.htm

6. Circuit Court. Either losing party may appeal to Circuit Court. The Circuit Court will review the record and issue a decision and order. (3-6 months).

http://dwd.wisconsin.gov/lirc/appeal/appealrightsenglish.pdf#zoom=100

7. Court of Appeals. Either losing party may appeal to the Wisconsin Court of Appeals by following the Rules of Appellate Procedure. (3-12 months).

8. Wisconsin Supreme Court. Either losing party may petition the Wisconsin Supreme Court for certiorari.

Nick McLeod - Nov. 2010.jpg

Nicholas M. McLeod is an associate attorney with Alan C. Olson & Associates. Contact him at: [email protected] 

Watch Attorney McLeod in a PBS special about unemployment insurance here.

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Alan C. Olson & Associates | 2880 S Moorland Rd | New Berlin, WI 53151
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