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Sample Unemployment Appeal Letter When Initially Denied Unemployment Benefits

If you want to know how to write your own unemployment appeal letter, because your state unemployment administrative law agency initially determined you should denied unemployment benefits, based on the available information it had when it issued the initial non-monetary adjudication  phase, then please understand an appeal letter, is the very thing to put in the motion, the second phase of the unemployment process, when you exercise your right to appeal to a lower level (tribunal) unemployment appeal hearing.

The lower level, aka tribunal, or commission hearing is called the FULL fact finder proceeding, used to establish the record of fact,  as opposed to the adjudication phone interview, which I know often limits many to guessing what available information the department wants.

Regardless, in an appeal letter, the aggrieved party to an initial claim determination, need only make clear they believe the claimant was erroneously allowed, or denied benefits. 

If you don't know yet how you intend to argue only relevant facts to a tribunal hearing officer (aka, hearing examiner, referee, administrative law judge, or commissioner), to wind up with a hearing decision that reverses the findings of the initial determination you are appealing, then my advice is, just write a K.I.S.S. unemployment appeal letter

My hope is when you do write your UI appeal letter, you know it's basically, only a request letter explaining your general reason for why you are aggrieved, and asking for your right to appear before the agency's lower unemployment appeal authority, along with the other interested party to your appeal (interested employer usually).

Your appeal letter does not need to be some formal written argument yet, which is a good thing, otherwise I'm certain more unemployed people would be writing incomprehensible, or flat out, untenable appeal letters, that literally become the reason they don't win their hearing.

What I'm trying to say to you, is that because your appeal letter becomes part of the record at unemployment hearings, there is no reason at this early point, to shoot yourself in the foot, by admitting things that ignore how unemployment law can work, or reveal way too much, about the relevant facts you will testifying and submitting documentation to support your reasons for appealing .. at the hearing.

Suffice it to say, I don't want you to lose your unemployment hearing before the state even dockets a hearing..  

I believe in using as much precision as possible, to prepare to win your hearing and yes, even before the hearing takes place.   To this end, I also know for a fact and recommend a claimant be professionally represented, because they win more winnable appeal hearings .. more often.

If you can't afford to be represented at an unemployment appeal hearing, then just know winning is tied to you meeting the burden of proof for why you quit with good cause attributable to the employer, or credibly being able to rebut why your former cannot prove, or sustain your guilt of misconduct connected to the work.


Have other questions about unemployment appeals?

 

Sample Appeal Letter For Unemployment Benefits

To Whom it May Concern,                                                                                                                                                             Date ...

I, (insert your name) wish to appeal the claim determination (insert mail date of determination) denying unemployment benefits due to quitting without good cause, or for a discharge for misconduct.  (I would insert the actual issue as stated on the determination, to include also the section of law used for the denial).

My reason for my appealing is because I believe the denial referenced above is in error.  (I did quit with good cause, or the employer fired me for something a reason I do not believe was misconduct)

Please allow this letter to serve as my request for an unemployment appeal hearing, so I may offer additional information to dispute why I think a denial of benefits was incorrect.

Thank You,

Chris - Unemployment Tips

last four of your SSN, or a # required to help the dept. identify the claim being appealed.

Valid phone #

Correct address


(Sidenote     Before writing, or sending an appeal letter, my advice is to make at least heartfelt attempt, to obtain a copy of your state claim file.   It's the file you started when you applied for benefits and was added by the claim adjudicator, who also issued the denial.  A state file can include the claim interview notes, the employer's initial protest on the notice of claim filed, sent to employers, as well as documents employers should submit with their initial protests, but don't always manage to do.   

Any way you want to look at your unemployment claim file .. I know those files helped me to help not just employers, but claimants looking for answers tio questions about an "unknown factor" at play, which in turned helped me to know how to help prepare to represent themselves better .. or conversely, when a withdrawal of appeal might be the wise thing to do.)


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