If your application for Kansas unemployment benefits is denied, or you disagree with a decision, you have the right to appeal. Typically, this occurs when there is an issue with your unemployment eligibility, issues with UI fraud, or you may disagree with the calculation of your weekly benefit amount.
You must file your appeal with the Kansas Department of Labor within 16 days from when the notice was mailed. Instructions for appealing are included with your Notice of Determination.
How to file a Kansas unemployment appeal
Your unemployment appeal must be submitted in writing. To start your appeal, write a letter that includes your name, the last four digits of your Social Security number, current address, phone number, and why you are contesting.
You can send this letter to the Office of Appeals by mail or fax.
Office of Appeals
Fax: (785) 291-6086
Mailing address:
401 SW Topeka Blvd
Topeka, KS 66603-3182
After submitting your appeal request
After your appeal is filed, the Office of Appeals puts together a packet for your hearing. This packet will include your appeal letter, any documents you’ve sent in, and all the relevant paperwork from both you and your employer. Your case will then get scheduled for a hearing.
You’ll get a Notice of Telephone Hearing that tells you when your appeal hearing is set to happen. It’s important to follow the instructions on this notice closely. You need to register for the hearing by providing a contact phone number. Make sure to register on the business day before your hearing, or you won’t get a call to participate.
Contact the Office of Appeals one business day before your hearing is set to happen. You’ll need to provide a phone number where you can be reached for the hearing. If you don’t, you’ll miss out on the chance to participate. Being present during the hearing is key, as the decision will rely on the information you provide.
If you have scheduling issues
If you have a serious personal emergency that prevents you from taking part, you can ask to reschedule. This is known as requesting a “continuance,” and it must also be done in writing by the business day before your hearing. Please note that a simple inconvenience doesn’t count as a good cause for a continuance.
Witnesses
Want to bring in witnesses? That’s allowed. Just make sure you tell the Office of Appeals the names and phone numbers of any witnesses by the day before your hearing.
Hiring an Employment Lawyer
You don’t have to hire an employment lawyer for your hearing, but you’re allowed to. If you choose to, a formal written notice must be sent to the Office of Appeals before your hearing.
You are responsible for paying attorney costs. However, the fees can’t be more than 25% of your total unemployment benefit amount, as specified by Kansas unemployment law.
During the hearing
The appeal hearing is typically conducted over the phone. An Appeals Referee will call you and any other involved parties at the scheduled time. During this call, the Appeals Referee will lay out the hearing procedures. Both sides will have the opportunity to give testimony and present evidence.
Hearings usually last between 45 minutes to an hour, but the actual duration can vary. The number of witnesses, volume of evidence, and types of issues involved can all affect the length of the hearing.
After considering all facts and laws, the Appeals Referee will mail a written decision to both parties. You won’t receive a decision on the same day as the hearing. Appeals Referees handle dozens of cases per week, and the time needed to make a decision can vary based on the case’s complexity.
Important: While waiting for the appeal decision, continue to file your weekly unemployment claims and complete the required work search activities. If you don’t, you won’t receive payment for those weeks, even if the appeal decision later finds you were eligible for a UI benefit.
Escalating the appeal if you still disagree
If you disagree with the Appeals Referee’s decision, you can take further steps to obtain your Kansas unemployment insurance benefits. You have the option to have your case reviewed by the Employment Security Board of Review. You’ll find instructions on how to do this in the written decision you receive from the Appeals Referee. This Board will only review the existing hearing testimony and evidence; they won’t hold a new hearing or accept new evidence.
If you’re still unsatisfied, you can take your case to the District Court and potentially all the way to the Kansas Supreme Court. At this stage, you will need an attorney and you’ll have to cover the costs for these additional appeals.