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Collecting unemployment while appealing decision.

by jared
(Pa )

I was fired from my job on july 16 2009 and have been collecting unemployment since. On sept. 21 i had to go to a referee hearing against my employer. The referee sided with the company and denied me anymore benefits. I filed an appeal yesterday. Am i still able to file and receive my unemployment because I'm appealing the decision. Also last week I received a letter from the review board stating that I did not have to pay back the money I've been given since july.

Hi Jared,

You should continue to file if you have appealed to the board of review, but the decision is what now stands. You will not get anymore benefits unless the board vacates or reverses the referee decision.

That's great new that you won't be required to repay benefits .. must think it was a department error with regard to the initial determination.

Good Luck with the appeal.

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Dec 16, 2010
by: vw

I went through a hearing with a refere and my benifits were denied due to section 402(a) turn down sutible work. However on the hearing paper work my employer also stated 401(d) being able and avaiable for work was an issue. During the hearing they would only let me speak about 402(a) and when I tried to discuss the fact that I had to move because they had eliminated my position they wouldnt let me. They only focused on the face that 16 days after they laid me off they offered me a job and I turned it down becasue they were going to make me pay for my medical benifits and they were only offereing me a dollar more for a higher position. But it was also because I had moved more than 50 miles away. Now im appealing and I am wondering how can I show that the emoloyer were the cause of my moving and even though I didnt ask them to supply me with housing I should still be able to collect??

If you have already had a referee hearing you need to talk to someone that is willing to help you with an appeal to the board of review .. that isn't anything I'm interested in doing and quite frankly, that most likely isn't anyone that couldn't or didn't win at a referee unemployment hearing.

But, if you fill out the form on the page about unemployment appeal representation you will find they will be happy to talk to you about a PA appeal to the board of review.

Nov 07, 2009
received oct. 2
by: jared

yeah. I actually sent it at the end of september. they sent me a copy back and it had been stamped saying it was received on oct. 2

Nov 06, 2009
by: Anonymous

I live in Pennsylvania. I sent an appeal to the board of review at the beginning of october. I still havent gotten any reply. I wish they ould hurry. I been job less for over 4 months now and without any income for 2 months.

Have you verified if your appeal was received .. I would.

Oct 09, 2009
Thanks for the reply. Another question.
by: Jared

I was awarded my payments because the company didnt file any paperork after i waas fired. My question is... isn't there a time limit on filing an appeal? I was giving my unemployment because the company didnt do anything. I was fired on july 16 and they didnt file the appeal until the end of august.

Hi Jared,

Whether the employer lost appeal rights or not depends of which state it is.

Some states are extremely strict, other are pretty loosey goosey.

Just because the employer didn't provide damning documents with their initial response to your claim, does not mean they cannot file an appeal.

Whether they can now add those documents at the hearing depends entirely upon which state we are talking about.

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