Appealing an ESD Decision
When do I need to appeal?
After filing with the Employment Security Department, you will receive a written notice by mail or on your e-Services account that will deny or allow you benefits. If you are denied benefits, you have a right to appeal. If you are allowed benefits, your former employer has the right to appeal. If either you or your employer appeals, you will have a hearing with an Administrative Law Judge. You have 30 days from the date on the decision to send an appeal.
How do I appeal?
You have 30 days from the date on the decision to send an appeal. In your appeal, state the following: “I want to appeal the denial of unemployment benefits because I disagree with the decision. I want a hearing, and I want a copy of my file.” Here is a template you can use (also available in Spanish).
You can appeal in three ways:
- Mail the form or letter to the address on the notice;
- Fax it to the number provided on the decision that denied you benefits;
- Appeal online through your eServices account.
- Log into your eServices account, select the Decision status tab, look for the decision you want to appeal, and choose Appeal.
Make sure you keep copies of anything you mail, fax receipts, and a screenshot confirmation of your appeal submission.
What happens next?
After you send in your appeal, you will receive a notice of the date and time of your hearing. Your hearing will be by telephone. If you cannot attend the hearing at that time, you must call the Office of Administrative Hearings immediately to request a postponement. The number to call can be found in your Notice of Hearing.
Should I continue filing weekly claims for unemployment benefits while I appeal?
Yes! If you win your hearing, you will receive benefits for each week that you file a weekly claim. If you lose your hearing, and you received benefits before the hearing, the Employment Security Department will try to get that money back from you. Find out more about Overpayments here.