Appeal Rights If you disagree with any decision about your claim, you should file an appeal.
How to File an Appeal There are several appeal levels. How to file an appeal at each level is explained below:
- Appeal from an Initial Determination
- If you disagree with an initial determination, you may file a written appeal with ODJFS within 21-calendar days of the date the determination was issued. The appeal needs to include the Determination ID Number, Name, Claimant's Social Security Number and any additional facts and/or documentation to support the appeal.
- You May File Your Appeal:
- On-line at http://unemployment.ohio.gov daily between 6:00 a.m. - 6:00 p.m.
- Mail or Fax to the ODJFS Processing Center identified on your determination or with any ODJFS Claims Processing Center.
- You will receive a written confirmation of the receipt of your appeal. All other interested parties, such as your employer(s) will receive a notice indicating your reason for filing the appeal. These parties are provided the opportunity of submitting additional information. ODJFS has 21-calendar days from the date your appeal is received to either issue a redetermination or refer the appeal to the Unemployment Compensation Review Commission (UCRC).
Appeal From a Redetermination If you disagree with the redetermination, you may file a written appeal to the ODJFS Director within 21-calendar days of the date the redetermination was issued. The appeal needs to include the Redetermination ID Number, Name, Claimant's Social Security Number and any additional facts and/or documentation to support the appeal. Since the Director can transfer this appeal to the UCRC for a hearing, if you are employed during the day and desire a telephone hearing during non-working hours, include the hours you are available for a hearing.
- You May File Your Appeal:
- On-line at http:unemployment.ohio.gov daily between 6:00 a.m. - 6:00 p.m.
- Mail or Fax to the
The ODJFS Director Bureau of UC Benefits P.O. Box 182863 Columbus, Ohio 43218-2863 FAX:(614) 466-8392
- You will receive a written confirmation that your appeal was received. Once accepted by the UCRC as an appeal, you will receive a notice that your appeal has been transferred. Your case will be scheduled for either an in-person or telephone hearing before a hearing officer. If a telephone hearing is scheduled, but you prefer an in-person hearing, you must notify the UCRC within 10-days of the notice that the appeal has been transferred. You must then agree to travel to a hearing site closest to the location of the other party(s). The hearing officer will issue a decision based on the information contained in your file and the testimony presented at the hearing.
Request for Review by the Ohio Unemployment Compensation Review Commission (UCRC) If you disagree with the UCRC hearing officer's decision, you may request a review by the Commission Members within 21-calendar days of the mailing date of the hearing officer's decision. Your appeal must be in writing and signed by the appealing party or an authorized representative. It should state that you are requesting a review of the hearing officer's decision; why you disagree with the hearing officer's decision; and if you are employed during the day and desire a telephone hearing during non-working hours, list the hours you are available for a hearing.
- You May File your Appeal:
- UCRC
P.O. Box 182299 Columbus, Ohio 43218-2299 FAX: (614) 387-3694
- The UCRC may allow or deny your request for review. If denied, you will receive a decision to that effect. If your request for review is allowed, the UCRC may issue a decision based on the record of the earlier hearing or hold a further hearing. To change a telephone hearing you must notify the UCRC within 10-calendar days of the notice allowing the request for review. For an in-person hearing, you must agree to travel to a site closest to the other party(s).
Appeal to Common Pleas Court If you disagree with the Commission level decision, you may file an appeal with the Court of Common Pleas of the county where the appellant, if an employee, is a resident or was last employed or, if an employer, is a resident or has a principal place of business in this state. If an appellant is not a resident of or last employed in a county in this state or does not have a principal place of business in this state, then an appellant shall file the appeal with the Court of Common Pleas of Franklin County. Appeals must be filed within 30-calendar days of the mailing date of the Commission level decision. If your appeal is filed after 30-days, the Court of Common Pleas will determine the timeliness of your appeal in accordance with Ohio Revised Code Section 4141.282. In your notice of appeal, you must include all interested parties listed on the Commission level decision(s) including the Director of ODJFS. Be sure to identify the decision being appealed.
When the UCRC receives the Notice of Appeal, it will file a certified transcript of all the records from which the appeal is being filed with the Clerk of Courts. The UCRC will also mail a copy of the transcript to you or your legal representative.
The court will hear the appeal based on the certified UCRC transcript. Contact the clerk of the appropriate court for other rules and deadlines. Click here to view a listing of the courts.
Further Court Appeals If you disagree with the decision of the Common Pleas Court, you may appeal your case further, as in civil cases.
Time Limits for Filing Appeals All appeals have filing time limits that must be met. Each decision states the time limit for filing an appeal. If you disagree with a decision, you should file the appeal immediately upon learning of the decision.
Appeals not involving the courts must be filed within 21-calendar days after the date the determination or decision was mailed. Your appeal will be considered timely if it is received or postmarked within the 21-day appeal period. If the 21st day falls on a Saturday, Sunday or legal holiday, the appeal period will be extended to the next working day.
If there is a question regarding timely receipt of your appeal, the following items have been accepted as evidence that your appeal was received by the agency:
- A certified mail receipt;
- A document confirming that your fax was received; or
- If you filed on-line, the printed confirmation screen with the date.
The appeal deadline may be extended if certified medical evidence is presented which establishes that your physical condition or mental capacity prevented you from complying with the appeal period. In these situations, the appeal will be considered timely if filed within 21-calendar days after the end of the physical or mental condition.
Appeals to the Common Pleas Court must be filed within 30-calendar days after the date the final Commission level decision was mailed.
File Claims During an Appeal You must continue to file weekly claims for unemployment benefits for any weeks you are unemployed. Claims must meet the timely filing and registration requirements. If an appeal is decided in your favor, you may receive payments only for weeks properly claimed and that are otherwise payable.
Right to Representation An authorized agent of your choice, such as an attorney, may represent you at any level of agency appeal. ODJFS is not responsible for any expenses resulting from the representation. |