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Arizona Unemployment Appeal

Arizona Unemployment Appeal

If your application for Arizona unemployment benefits is denied and you disagree with the decision, you have the right to file an appeal. This means that you can request a hearing with an administrative law judge to present your case.

How to appeal Arizona unemployment benefit denial

If you are denied UI benefits, you will receive a letter in the mail called a Determination of Deputy. You must submit your appeal within 15 days from when you received this letter. If you send your appeal late, it will only be accepted in certain cases, such as an administrative mistake or the post office did not deliver the letter correctly.

There are three ways you can submit an appeal:

Online

To file an appeal online, you will need to visit uiappeals.azdes.gov and fill out the forms with the appropriate information. This will include your:

  • Social Security number
  • PIN
  • Why you think your denial for benefits was made in error

Telephone

To file an appeal by phone, you will need to call the phone number included in your Determination of Deputy letter and speak with an Arizona Department of Economic Security representative about why you would like to file an appeal/why you believe a denial for benefits was made in error.

Writing

You can also fax or mail your request for appeal to the Arizona Department of Economic Security. The fax number and mailing address are both included in your Determination of Deputy letter. Alternatively, you can submit your written appeal in person at an Employment Service Office.

You can use the Request for Reconsideration/Appeal (form UB-126) or any other method to write your appeal, whether it is typed or handwritten. Attach a copy of your Determination of Deputy letter as well. It’s important that you or your authorized representative sign the appeal and include your name and Social Security number.

Arizona unemployment appeal hearings

Once you’ve submitted your appeal, it will be reviewed and a hearing will be scheduled as soon as possible. Within 3-6 weeks from the date your appeal was received, you’ll receive a Notice of Hearing. Read it carefully, because it will tell you when and where your hearing will take place, the issue that will be discussed, how you can participate, and other important information about the process.

In most cases, hearings are done over the phone. If an in-person hearing is scheduled, it doesn’t mean that all parties, including the Administrative Law Judge, will be together in the same room. The non-requesting party (usually the employer or the claimant) will be given the opportunity to appear in person, but they are not required to do so.

Registering for a telephone hearing

If you are scheduled for a telephone hearing, be sure to follow the instructions provided on the Notice of Hearing to register. It’s important to register for a telephone hearing within 15 minutes of its scheduled time. If you don’t, you will not be allowed to participate in the hearing, and the Administrative Law Judge may make a decision without your input.

You’ll receive a written decision that includes information about your appeal and reopening rights. If you can’t attend the unemployment hearing at the scheduled date and time, call the Office of Appeals  right away to request a postponement.

There are two ways to register for a telephone hearing:

Online

  • Visit c2tinc.com/register
  • Type the seven-digit appeal number on your hearing notice. This number is between the U and zeros. Example: If the appeal number is U-1234567-001, you’d enter: 1234567
  • Write down the confirmation number provided

Telephone

  • Call the UI benefit appeals office
  • Speak to a live representative about registering for the appeal hearing—DO NOT leave a message
  • You will not receive a confirmation number when registering by phone, so there’s no need to write one down

In person hearings

If you’re scheduled for an in-person hearing, you don’t need to register for the hearing. To find out if you have an in-person hearing, check your Notice of Hearing.

If you do have an in-person hearing, be sure to arrive at the office location printed at the top of the notice at least 15 minutes before the hearing time. Once there, register with the receptionist. If you are not in the office when the unemployment hearing begins, the Administrative Law Judge may make a decision without your participation.

How do I prepare for my hearing?

During the hearing, an administrative law judge at the Office of Appeals will address the issues related to your unemployment claim. This hearing is your only chance to present your case to the judge, who will decide if you are eligible for unemployment insurance benefits.

It is essential to prepare and present firsthand evidence to support your case, as hearsay may not be given much weight. The hearing will rely solely on the testimony and evidence presented to the judge.

Your case file only includes documents that relate to your appeal issue, and copies of these documents will be sent to you with your Notice of Hearing. If you have any questions about the documents in your file or the law, you can contact the Office of Appeals and speak to a docket officer.

Before the hearing, read both sides and attachments of the Notice of Hearing carefully, and take note of the events and circumstances you recall. Also, consider if the facts, as you understand them, lead to a different conclusion than the Determination of Deputy, which states why the deputy ruled in one party’s favor.

The law applied to your case is listed in the determination, and copies of Arizona Revised Statutes and Arizona Administrative Code are available at public libraries and online.

Arizona unemployment appeals hearing process

At the hearing, you can speak for yourself and answer questions from the administrative law judge. You can also question all witnesses, and provide your own evidence, such as records and documents.

You can make objections if you think a question or evidence is not proper. However, the administrative law judge may choose to ignore evidence that is not useful or reliable.

At the end of the hearing, you can make a closing statement to explain why you think you should win benefits based on the facts and the law. This is your chance to convince the administrative law judge to rule in your favor.

Most hearings last about one hour.

Common Questions

Do I need legal representation?

You can have a lawyer with you during the hearing, but it is not mandatory. The hearing is usually casual enough for you to represent yourself.

Can I postpone my hearing date?

If you can’t make it to the hearing on the date and time that was assigned, you will need to call the Office of Appeals right away. Ask them to postpone the hearing. The hearing can be postponed if everyone agrees to it or if you have a good reason to ask for a postponement.

What if I miss my hearing?

If you filed an appeal but do not attend the hearing, the administrative law judge will make a decision without your input. If your former employer filed the appeal and you received benefits, but did not attend the hearing, the hearing will still take place, and you may have to pay back the benefits you received if your approval is overturned.

How do I submit evidence?

You have the right to submit any evidence that will help your case. This could be things like letters, medical records, pay stubs, work agreements, and more. If you have documents that are not already included in your case file, you must give a clear copy to the Office of Appeals right away by fax, mail, or in person.

You also need to give a copy to the other party or else the administrative law judge might not allow it to be used. If your evidence is not on paper, call the phone number on the Notice of Hearing to make a plan to present it at the hearing.

Do I need a subpoena to get my witnesses to attend the hearing?

If you wish to bring witnesses to support your case, they should be able to tell the administrative law judge what they saw first-hand instead of repeating what they heard from someone else.

If you want a witness to appear, you can ask them to come with you to the hearing or be available by telephone. If someone you need as a witness refuses to participate, you can ask for a subpoena.

A subpoena is a written order that requires a person to appear at the hearing. To request a subpoena, you must write to the Office of Appeals at least five days before the hearing. If you have any questions about the subpoena process, you can call the phone number at the top of your Notice of Hearing and a docket officer will explain it to you.

How will I find out the results of the hearing?

After the unemployment appeal hearing, the judge will write a decision that explains why they made their ruling. You’ll get a copy of the decision in the mail, or by email if you agreed to electronic delivery. If you lost the hearing, the decision will also explain your options for further appeals.

If you won your appeal and have been filing weekly claims for benefits, you might get paid for the weeks you claimed as long as you were eligible during those weeks. If you lost the appeal, you may have to pay back any benefits you received during the time you were not eligible.

If you want to appeal the judge’s decision, you must do so within 30 days of receiving the decision.

Collecting unemployment benefits during the appeals process

It’s important to keep filing your claim certifications every week after you’ve filed an initial application for unemployment benefits, even if you’re going through the appeals process. If you do not file your weekly claims, you may not receive benefits for those weeks, even if your appeal is later approved.

If your appeal is denied and you’ve already received unemployment compensation, you will need to follow the state’s guidelines for repaying any money you owe. Not repaying the overpaid amount could result in unemployment fraud charges, and may also make you ineligible for future UI benefits.

Further Appeals

If you don’t agree with a decision made by the administrative law judge, you can appeal by submitting a written petition for review to the Appeals Board. However, you must do this within 30 days after the decision was mailed or electronically transmitted to you. Each decision will have information attached that explains how to appeal at each stage of the process.

Employer Appeals

Your employer has the right to disagree with a decision that gives you benefits. If your employer challenges your right to benefits, you will get a notification about an unemployment appeal hearing. If your employer wins the appeal and the decision to issue you unemployment insurance benefits is overturned, you might have to pay back any compensation you already received.