If you filed for Idaho unemployment insurance and were denied, you have the right to appeal the decision if you think it was made in error.
How to appeal Idaho unemployment benefit denial
After filing for Idaho unemployment benefits, you will receive a determination notice from the Idaho Department of Labor. This letter will outline whether your claim for unemployment benefits was approved or denied.
If you were denied, you have 14 days to file an appeal. If you do not file your appeal within this timeframe, the determination will be considered final. While it is possible to file an appeal after the 14 day deadline, you will have to go through a hearing to determine if the delay was for a good reason.
Your appeal must be in writing and be signed by yourself or an appointed representative. You will also need to include your Social Security number or Claimant ID. Your letter should ask for an appeal hearing and state which determination is being appealed.
Your letter will need to be emailed, faxed, mailed, or delivered in person to the state appeals bureau.
Idaho unemployment appeals hearing
When you submit an appeal, it will be reviewed by the appeals bureau. A hearing will then be scheduled, typically within two to six weeks after you file your appeal. They will then collect the necessary documents for your hearing. A packet will be sent to you by mail at least seven days before the hearing, which will include the date and time of your telephone hearing, the PIN number you need to access it, and the topics that will be covered.
How do I prepare for my appeals hearing?
If you have evidence that you believe is important to your case, you have the right to submit it to the appeals bureau. You will need to send this evidence to all other interested parties as well—this may be your previous employer or their representative. Any documents you submit will be reviewed by a hearing officer to decide whether they should be part of the evidence presented during the hearing.
You are responsible for finding a reliable phone to use during the hearing, even if you don’t have one of your own. If necessary, you can contact your local Idaho Department of Labor office to arrange to use a phone there.
You can call from anywhere to participate in the hearing, but it’s important to note that if your connection drops, the hearing won’t end.
Appeals hearing process
During the hearing, a hearing officer will introduce themselves and explain how the hearing will proceed. They will identify the issues being discussed and any documents that were submitted. Both parties have the right to object to any evidence presented.
Both parties will be asked to swear to tell the truth before giving testimony and calling witnesses. The hearing officer will ask questions of each witness, followed by an opportunity for both parties to ask questions. After all the testimony is presented, each party will be allowed to make a final argument or statement. Once this is done, the hearing will conclude.
How does the hearing officer make a decision?
During an appeal hearing, the hearing officer makes decisions based on evidence, testimony from witnesses, and Idaho law. These laws contain specific definitions that are used to determine your eligibility.
For example, if you were fired from your job and applied for Idaho unemployment benefits but were denied because the Idaho Labor determined that you were fired for misconduct, you can appeal this decision. During the appeals hearing, the hearing officer will listen to your case and decide if it matches the state’s official definition of misconduct
When will I find out the hearing officer’s decision?
The hearing officer will send a written decision to all parties involved by mail. You can expect to receive the decision within 10 business days after the hearing.
If you don’t file another appeal, the decision becomes final 14 days after it was mailed.
Do I need a lawyer for my appeals hearing?
You’re not required to have someone represent you at the hearing, but you can choose to have an attorney or other representative speak on your behalf.
If you want representation, you must arrange it before the hearing. If you’re going to have an attorney represent you, you need to inform the appeals bureau beforehand.
Can I have witnesses attend the hearing?
You can have witnesses speak on your behalf at the hearing, but the hearing officer will decide whether or not it’s necessary.
If you plan to call witnesses, it’s your responsibility to prepare them for the hearing. You will need to make sure they’re available on the date and time of the hearing, and give their phone numbers to the appeals bureau.
Do I need to subpoena witnesses?
If you can’t get a witness or document that you need, you can ask the appeals bureau to issue a subpoena for it.
To request a subpoena, you must send a written request to the appeals bureau as soon as possible. You should include the name, address, and phone number of the person or entity involved, and explain why the witness or documents are important for your case.
The hearing officer will review your request and decide whether or not to issue the subpoena.
Can I submit more evidence after the hearing?
Not unless the hearing officer specifically asks for it or decides to leave the record open for more information.
However, you do have the right to re-open the hearing if you missed your hearing or new evidence comes to light. You will need to file this within 10 days of the mailing date on the decision.
What if I can’t attend the hearing on the scheduled date?
If you need to reschedule your unemployment claim hearing, you should call the UI claims center before the day of the hearing.
If you want to reschedule on the day of the hearing, you should ask the hearing officer at the beginning of the hearing.
Collecting unemployment benefits during the appeals process
After you file an appeal, it’s crucial to keep submitting your weekly claim for unemployment insurance benefits throughout the entire appeals process. This is important because if your appeal is successful, you’ll be eligible for unemployment compensation for the weeks you filed your claims.
If your appeal is unsuccessful and you received unemployment compensation during the appeals process, it could result in an overpayment. You will need to follow Idaho law for overpayments, and pay back the amount you owe. If you don’t, you could be accused of unemployment fraud, which could affect your eligibility for future UI benefits.
Further Appeals
If you don’t agree with the hearing officer’s decision, you have the right to file an appeal in writing to the Idaho Industrial Commission within 14 days.
It’s important to note that the Idaho Department of Labor and the appeals bureau are not authorized to receive these appeals.
Who can file an unemployment appeal?
Anyone who has a stake in the decision can appeal a determination. This includes the employee, the Idaho employer (when relevant), a representative of either group, or someone authorized to act on behalf of Idaho Labor.