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Doesn't the employer only have 20 days to appeal an ADMINISTRATIVE DECISION?

by Johnson
(Oregon)

Hi, I'm in Oregon. I received a "Administrative Decision - Benefits are Allowed" dated Jan21st. I have been collecting unemployment ever since, but on Feb.25th I received a letter stating that my former employer has appealed the Administrative Decision; It says the case has been referred to the Administrative Hearings Office and they will mailing me the date and time of the hearing.


But, my question is how can they appeal after 20 days. It's been over 33 days. How can they appeal a decision now. The letter also stated that:

You may be required to repay the benefits which were paid to me in the denied periods or the amount will be deducted from benefits I claim in the year following the decision.

Why should i have to repay the benefits after they are appealing later than 20 days. I don't understand how they can appeal so late in the game.

Oregon.


Hi Johnson,

It's 20 days after mailing or delivery.

Just so we can keep things clear for my sake, let's make a distinction between an initial "department issued determination" and a "administrative hearing decision". Both which have a 20 day time limit for appeal in Oregon.

If I were to take what you said at face value .. I would assume the employer appealed to the board of review .. and you have already had a first stage appeal hearing because you said you had received an appeal which says the employer has appealed the "administrative decision on Jan 21st.

Is this correct?

Secondly, do you have a copy of the "appeal letter with the date the employer wrote it?

Just because you received notice of the appeal 33 days later .. doesn't mean the appeal itself was received untimely .. but if it was .. you would definitely want to be aware of that .. just in case it is found timely

Even untimely appeals can be seen as timely if there's a good excuse for the untimeliness.

Can you tell what issues are listed on the notice of hearing?

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