If you find you have been denied unemployment compensation benefits that you have a right to, that your employer has paid for, then it is critical for you to learn about the appeal levels and the process at each level.
When you file for unemployment benefits, your employer will be asked to provide information, after which ODJFS will make a determination regarding your eligibility for benefits. If you find that the initial determination denied your unemployment compensation benefits, you may submit a written appeal, which is frequently referred to as an unemployment appeal letter. This appeal must be submitted within 21 calendar days of the date of the determination, and it may be submitted by mail or fax to the processing center identified on the determination, or it may be submitted through the online system.
If you choose to have the Ohio Unemployment Lawyers of Smith's Law Offices assist you, at this stage we would notify ODJFS that we represent you, request a copy of your file, which will include more information than is seen through ODJFS’ online system. The file will contain documents, questionnaire responses, and other information provided by your former employer. We will then craft an appeal that explains why the law provides that you have a right to unemployment compensation benefits.
Once this appeal is submitted, ODJFS has 21 days to either issue a redetermination or refer the appeal to the Unemployment Compensation Review Commission. In almost all cases, ODJFS will issue a redetermination that will either maintain its original determination or change it.
If ODJFS’ Redetermination is not in your favor, you have 21 days from the date the redetermination is issued to file an appeal to the Unemployment Compensation Review Commission (UCRC). Once this appeal is filed, you will first receive confirmation that the appeal has been filed, and about a week later you will receive a notice with the date and time of the hearing. This hearing is most often held by telephone, though it may be held in person if needed.
This unemployment appeal hearing is the most important stage of the appeal process. Prior to the hearing, Smith's Law Offices will request your ODJFS file, subpoena any documents that may support your position, secure any important witnesses, and discuss the hearing process with you so you will be comfortable with it.
During this hearing, a Hearing Officer will begin by asking witnesses questions. Any representatives will have the opportunity to follow-up with further questions. If you choose to have the Ohio Unemployment Attorneys at Smith's Law Offices represent you, we would cross examine all of the employer witnesses, follow up with questions for you to ensure the Hearing Officer hears and understands why you are entitled to benefits, and we will provide a closing statement to the Hearing Officer, setting forth the law and facts that support your right to unemployment compensation.
If the Hearing Officer’s decision is not in your favor, a Request for Review of that decision may be submitted to the Ohio Unemployment Compensation Review Commission (UCRC). The UCRC may deny the request for a review or at may grant it, in which case it may rely on what is already in the record or hold a further hearing. Requests to the UCRC are rarely granted and are uphill battles. This is why it is important to contact the Ohio Unemployment Lawyers at Smith's Law Offices before the Unemployment Appeal Hearing, when there are still many strategies available to obtain the benefits you have a right to.
There may additionally be appeals that can be made to Court. However, just as the request for review is an uphill battle, so are any appeals to courts.
Continue to report to ODJFS throughout the process. If you win, you will be paid only for the weeks that you reported. If the online system stops taking your claims, call to report the problem and take care of it immediately.
If you have been paid benefits and later lose, ODJFS will demand that you repay any benefits already received. Overpayments not paid in full within forty-five days of a decision becoming final may be referred to Ohio's Attorney General for collection.
Deadlines are very firm, and missing a deadline will likely be the end of your claim. The limited circumstances when a deadline might be extended require you to: A) Provide certified medical documentation that you had a medical condition that prevented you from filing on time, or B) you must convince the Review Commission that you did not receive proper notice of the determination you are appealing.
You have nothing to risk or lose by calling Smith's Law Offices for your free consultation, so call us today before any of your unemployment appeal rights are lost. Whether you just received an unemployment denial and need to appeal or are about to have an unemployment hearing, we can help.
Affordable Legal Help
We offer fee options that understand the cost of legal help can be difficult when you are unemployed. In many PUA cases, we offer a minimal flat fee for representation through the PUA system and the Unemployment Compensation Review Commission.
Statewide Representation
Because unemployment determinations are appealed in writing, and the hearings are conducted by telephone, Smith's Law Offices successfully represents clients throughout the entire State of Ohio.
The unemployment benefit appeal process does provide opportunities to obtain a determination in your favor, but you must have knowledge of the laws, the rules, and have the required tools to obtain and present evidence on your behalf.
The fact is, ODJFS does not operate based on what you know to be true, unless that truth can be shown to them, proven to them, and explained in a way that they can understand that Ohio statutes and rules require them to give you benefits.
The Ohio Unemployment Lawyers at Smith's Law Offices have the expertise and experience to navigate through the Unemployment Appeal process and to present the best case possible to obtain the benefits you deserve. It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Smith's Law Offices.
