Last week, approximately 281,000 people filed an initial claim for unemployment benefits. [1] More than two million people are currently receiving some form of unemployment benefits at this time. [2] Not all initial claimants will be found eligible by their state unemployment agency. Further, many weekly claims will be denied. A denial of the initial application or a continued claim can often wreak financial havoc on one’s finances. But just because you received a denial doesn’t mean that the determination was correct. You may disagree with the decision. If you do, you’ll want to appeal. You’ll also want to prepare for your hearing. This article discusses both processes. It’s intended for an Arkansas unemployment claimant. The article is for informational purposes only and does not constitute legal advice. 

Appealing a Determination

As mentioned above, if you have applied for or are receiving unemployment benefits, and if there is an issue with your claim, you may receive a “determination” from the Arkansas Division of Workforce Services. That determination could relate to the Division’s initial eligibility decision, such as whether you had good cause to quit your job. It could also relate to a continuing eligibility issue, such as whether you made sufficient job contacts or refused “suitable work.” There are many other contexts in which a determination may arise. Most are appealable and provide an unemployment claimant with an opportunity for a hearing. 

You might ask: How do I know the Division has made a determination? Well, in most cases, the Division will mail you a copy of the determination. The document will usually state “Notice of Agency Determination” at the top of the page.

Some—not all—look like this:

So if you see this at the top of the document, read the paper very carefully. It will likely have a discussion of your appeal rights at the bottom of the page. Most determinations state that you have 20 days to file an appeal.

So, you’ve read the document, you disagree with the determination, and you want to appeal. Now what? 

Well, if you want to, you can appeal the decision to the Arkansas Appeal Tribunal, the entity that hears unemployment appeals. But you can’t just call up the Arkansas Appeal Tribunal and tell them you disagree and want to appeal. You need to send something in writing that says you want to appeal. 

You can either write a letter that states in substance that you want to appeal the determination. No magic legal words are required. A one-sentence letter will suffice. For example, “I appeal the determination, which I’ve enclosed” will work. You’ll need to include your name and social security on the letter. You should also make sure you have your mailing address on the letter and leave a good contact number where the Appeal Tribunal can reach you at. 

You can also file your appeal using a form provided by the Division. It’s titled “Petition for Appeal to Appeal Tribunal.” They are available online [click here for the form]. You can also go to your local unemployment office and obtain this form. 

Generally, to file your appeal, you will need to mail it to the Appeal Tribunal. The address is:

Arkansas Appeal Tribunal
Post Office Box 8013
Little Rock, AR 72203

If you mail your appeal in, you need to send it by certified mail with a return receipt requested. This will allow you to verify that your appeal was delivered if the Tribunal later claims it never received your appeal. Also, it’s good practice to call the Tribunal a few days after mailing your appeal to confirm that they received it. 

In practice, the Tribunal also accepts appeals that are faxed. Currently, you can fax your appeal to (501) 682-7734. If you fax your appeal in, be sure to save your fax confirmation sheet. Again, keeping the fax confirmation sheet is helpful evidence that you filed your appeal on time in the event the Tribunal, for one reason or another, does not receive your appeal. And like with mailing, call after sending the form in, call to confirm the Tribunal has received the appeal. 

After you file your appeal, you will receive a document titled “Notice of Telephone Hearing.” You should read this document very carefully. It will explain the pre-hearing process, which we will discuss next.

Preparing for Your Hearing

If you’ve received a Notice of Telephone Hearing, you need to read it—both the front and back page—very carefully. Note the date and time. Mark this date on your calendar because that is when the hearing will be conducted. 

The default rule is that all hearings will be conducted by telephone. But you have a right to an in-person hearing. If you want an in-person hearing, you need to contact the Tribunal immediately and request one. 

The Notice also informs you what you need to do if you have evidence to present at the hearing in support of your claim. You may have emails or text messages that you believe support your claim. If you do, you need to send those to the Tribunal to be considered at the hearing. You need to send a copy to the employer; the other party has a right to review any evidence you submit. 

Do this in advance of the hearing. You should mail the evidence to the Tribunal. You may also fax the evidence to: (501) 682-7734. Be sure to include a docket number with your evidence so that the Tribunal can place it with the correct hearing file. The best practice is to mark your evidence as exhibits. For example, you can mark an email as “Claimant’s Exh. 1” and a screenshot of a text message as “Claimant’s Exh. 2.” It’s generally recommended only to submit those exhibits that are key to the issues at hand. In the run-of-the-mill unemployment insurance case, it would be a rare case for more than ten exhibits to be submitted. Sometimes no exhibits at all may be necessary. 

You also have the right to ask for a subpoena to compel the production of documents from third parties. The documents must be necessary before a subpoena will be issued. Similarly, witnesses deemed necessary to the case may also be compelled to attend a hearing using a subpoena. If you want a subpoena, you need to write to the Tribunal and request one. Be sure to state why you believe the witness or document is necessary to the case in your request. The Chief Hearing Officer issues the subpoenas, but they are not always granted. 

Once you’ve got your exhibits submitted, you’ll need to make sure that the Tribunal knows how to reach you on the day of the hearing. The Notice will inform you of what you need to do to participate in the hearing. Currently, the Notice asks claimants to call 1-800-637-6110 at least 24-hours before the hearing start time. 

Upon calling the above number, you’ll get an automated message requesting that you leave the following information:

On the date of the hearing, you will receive a call from a Hearing Officer. If for any reason, you do not get a call within 10-minutes of the start time of the hearing, you need to call the Appeal Tribunal. This is important. There is always a possibility that your message did not get recorded. This could be due to a technical issue or human error. Claimants have been denied a hearing for waiting too long to call in after the start time of the hearing. 

The Hearing Officer will put all witnesses who will be testifying under oath. At that time, usually, the Hearing Officer will ask questions to elicit testimony that will help them decide the case. After the Hearing Officer completes his questioning, he will generally—but not always—ask if either party has anything further to add to the record. At this time, you are allowed to call your witnesses or provide any testimony that you feel is pertinent to your claim. You may also want to question the employer’s witnesses as well. 

Once all parties present their case, the hearing officer will close the record and end the call. However, this is not always the case, and sometimes the record will be left open so that a party may submit additional evidence. Decisions are sometimes made and mailed out a day later. But sometimes, if the case is more complicated, a decision may not be issued until weeks later. Once you receive the decision, please read it carefully. If the decision is in your favor, there is nothing further you need to do. If you lost, you could appeal it to the Arkansas Board of Review. Unemployment Insurance Appeals are beyond the scope of a single blog and will be addressed in a later article.

If you have questions about Unemployment Insurance Benefit Appeals, call our Helpline at 501-376-3423 or toll-free at 800-950-5817.

Resources:

[1] https://www.dol.gov/ui/data.pdf

[2] https://www.dol.gov/ui/data.pdf

AUTHOR: TREVOR TOWNSEND, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES