Denial of Benefits in Pennsylvania
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“What can I do if unemployment denied my benefits request?” is a question asked by many unemployment applicants who are rejected from the government program. Wrongful termination appeals can be filed by unemployment applicants to prove that they lost their jobs for reasons that they did not cause, and are therefore eligible to receive unemployment compensation. Any applicants who are denied unemployment coverage in Pennsylvania and still want to receive benefits will have to go through the appeals process step-by-step. This includes understanding all of the following appeals process aspects covered in the below topics:
- Types of Unemployment Denial Appeals in Pennsylvania
- Submitting a Timely Unemployment Denial Appeal in Pennsylvania
- Denied Unemployment Appeal Filing Methods in Pennsylvania
- Completing Unemployment Benefits Denied Forms in Pennsylvania
- Going Through the Unemployment Denial Appeals Process in Pennsylvania
Types of Unemployment Denial Appeals in Pennsylvania
An unemployment denial appeal in the state of Pennsylvania can come in many forms. The potential unemployment beneficiary can appeal the amount of compensation that he or she was scheduled to receive or, in cases where coverage was completely denied, the applicant can file an appeal to try to get the coverage and benefits presumably deserved. Unemployment compensation benefits denied appeals can also be filed by businesses that do not feel that their former employees deserve to receive unemployment benefits, due to the ways in which they left their jobs. Download our free guide to understand more about an employer-based appeal. In any of these cases, the appeals process must be initiated quickly; otherwise both the unemployment applicant and the employer will lose their appeal rights.
Submitting a Timely Unemployment Denial Appeal in Pennsylvania
An unemployment applicant who is submitting an unemployment denial appeal must typically do so in approximately two weeks after the appeal letter is delivered. The Office of Unemployment Compensation (OUC) in Pennsylvania typically expects any appeals to be submitted within 15 days of the postmark on the denial notice, but extensions may be requested in some special circumstances. For example, if a denied unemployment benefits letter is delayed or lost in the mail, then the unemployment applicant can call the OUC to explain the circumstances, and may be given some extra time to submit the appeal forms. Also, if the final day is on a holiday or a weekend, then the appeal can still be filed on the first business day to follow.
Denied Unemployment Appeal Filing Methods in Pennsylvania
When an unemployment benefits denied letter is received by an unemployment applicant, it will come with an appeals form. The unemployment applicant has the option of completing that form and mailing it to the UC claims center or faxing it to the number that will be provided on the form. Unemployment denial appeal form recipients may also opt to enclose letters with their appeal forms explaining details about their personal situations as they relate to unemployment benefit collection. To learn more about what an appeal letter should include, download our guide.
In addition to those methods, applicants who are denied unemployment can also email appeals directly to the appropriate OUC office or hire attorneys to represent them. The hired attorney can then submit the denial appeal on behalf of the unemployment applicant.
Completing Unemployment Benefits Denied Forms in Pennsylvania
The initial denied unemployment benefits appeal form is called a “petition for appeal,” and it is generally included with the letter sent to the unemployment applicant letting him or her know that the application was denied. The form must be filled out in-full with the unemployment applicant’s name, address and other personal information, as well as the information relevant to the case. Each section of the form explains the unemployment denial appeal information that is required for that part of the form. The completed form can then be faxed or mailed to the correct OUC office.
Going Through the Unemployment Denial Appeals Process in Pennsylvania
Applicants who are denied unemployment in Pennsylvania can go through up to three levels of appeals processes. The initial appeal must be made to the Unemployment Compensation (UC) Service Center. The UC Service Center is required by law to review each case in a short amount of time. The determinations are mailed to each party who applied for unemployment who files an appeal.
In the event that a Pennsylvania unemployment denial appeal filed with the UC Service Center still results in a denial, the unemployment applicant will have 15 days to appeal at the second level. The second level of appeals involves submitting the appeal to a UC Referee. If the UC Referee still denies the appeal, then the unemployment applicant’s last chance to overturn the decision is to the UC Board of Review. At this point, each denied unemployment appeal claimant can take up to 30 more days to file his or her final appeal, giving them ample time to compile all of the information necessary to plead the case in the best way possible.
Unemployment benefits denied are not always successful, even after going through all three levels of the appeals process. It is up to the state to decide if the unemployment applicant’s claim is valid or not. Applicants who are denied unemployment benefits at all three levels will have to abide by the final decision of the UC Board of Review.