If you lose your unemployment benefits hearing and disagree with the judge's decision, you can appeal to the Unemployment Insurance Appeal Board.

Here are the basic steps:

Requesting the Appeal

  • Send a letter within 20 days of the decision, stating that you want to appeal.
  • You'll receive confirmation from the Board, and you have 7 days to act.

Requesting a Transcript

  • You can ask for a written record of the hearing (a transcript) within 7 days of receiving confirmation.
  • This can help support your appeal.

Written Statements

  • You, your former employer, and the Department of Labor can submit written statements.
  • Explain why you disagree with the decision and provide facts not covered in the hearing.
  • You'll need to provide copies to the other parties.

What the Appeal Board Considers

  • The Board usually decides without a new hearing.
  • It looks at evidence presented during the hearing.
  • New evidence is considered only if all parties agree or if it's part of another hearing.

The Appeal Board's Decision

  • It may uphold, reverse, or remand (send back for a new hearing) the decision.
  • Winning an appeal is challenging, so seeking legal advice is a good idea.
  • The Board reverses or remands if there's a clear error or if new information is needed.

What to Do if You Disagree with the Appeal Board

  • You can appeal the Appeal Board's decision to the State Supreme Court, Third Department, within 30 days.
  • Contact the Unemployment Insurance Appeal Board if you have questions.

Remember, appealing a hearing decision can be complex, so consider getting legal help, especially as winning on appeal can be difficult.

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Last Reviewed: October 26, 2023