Unemployment insurance (UI) benefits provide Wisconsin residents with the income they need to get through the challenging times after a termination or layoff from a job. Therefore, learning that you have been denied UI benefits can be quite crushing.
You likely counted on the benefits to keep your bills paid and a roof over your head as you searched for a new job, and now you are being denied that. Most of us cannot live with zero income, which is why you might consider appealing the denial of your UI benefits.
Everyone has a right to appeal a denial of UI benefits. Your denial letter should include a specific legal reason why you were denied and provide detailed instructions on how you can appeal the decision.
Appeal within the deadline
You will have a deadline to appeal. Make sure you follow all instructions completely and submit your appeal within the deadline.
Exceptions are sometimes made for late appeals, but you must show good cause for missing the deadline. Good cause is usually something unexpected or circumstances out of your control.
One of the most important points to know is that you should continue to file your weekly claims for benefits while your appeal is pending. You will eventually receive a notice with your appeal date and time, but it could be several weeks or more before you hear anything.
Keep filing your weekly claims while you wait. If you are granted benefits on appeal, you will receive benefits backdated to the time that you initially filed.
However, you can only receive benefits for weeks you claimed them. If you did not claim benefits for certain weeks, you will not receive them, even if it is later determined you were entitled to benefits.
The appeal hearing
You likely had an initial interview when you applied for UI benefits. The appeal hearing is typically more formal than this interview and may seem more like a court proceeding.
An administrative law judge conducts the appeal hearing. The hearing is recorded and can be held in-person or by telephone.
At the hearing, you have a chance to present testimony and evidence arguing why you should receive UI benefits. Although there are additional appeal opportunities if you lose the appeal hearing, this is the only hearing where you may present your evidence.
The type of testimony or evidence you present will depend on the legal reason you were denied benefits. There are several different reasons people are denied benefits, and you must learn the specific legal reason that applies to your case and the defenses that you could assert.
Additionally, it could be your employer’s burden to prove their case about why you should be denied benefits, depending on the legal issue.
It is important to know whether you or your employer must prove the case. If your employer does not attend the hearing and it is up to them to prove their case, this could be a good sign for you.
What to expect after the hearing
You do not usually receive a decision at the hearing itself. The judge will listen to testimony, accept evidence and issue a written decision later.
The success of your appeal often depends on knowing the legal issues involved. You are allowed to have an attorney with you at your appeal hearing. An attorney can help you understand the legal standard you must meet, guide you through testimony and argue on your behalf.
