Job & Family Services Unemployment Compensation FAQ's
Unemployment Compensation FAQ's
 

Appeal Rights

 

    
Why file an appeal?
 

If you disagree with any decision about your claim, you should file an appeal and continue to file claims for any weeks you are unemployed. If you are unable to file on your own, call your processing center for help. Claims must meet the filing and registration timeliness requirements. If an appeal is decided in your favor, you may receive payments only for weeks that were properly claimed and are otherwise payable. Customer service representatives are available to assist in appeal questions from 8 a.m. to 5 p.m. Monday through Friday. You can reach them by calling, toll-free, 1-877-574-0015.   

How do I file an appeal from an initial determination? 

If you disagree with an initial decision, you may file a written appeal to ODJFS within 21 calendar days of the date the determination was issued. Include your Social Security number, the date and identification number for the determination you disagree with, and the reasons for your disagreement. You may also include any evidence, documentation or witness statements.

You may file your timely appeal online at www.unemployment.ohio.gov between 6 a.m. and 6 p.m. daily, by mail or fax with the ODJFS processing center identified on your determination notice, or with any ODJFS claims processing center.

 You will receive a written confirmation when your appeal is received. All other interested parties, such as your employer(s), will receive a notice of your reason for filing the appeal. These parties are given the opportunity to submit additional information. ODJFS has 21 calendar days from the date your appeal is received to issue a redetermination decision or refer the appeal to the Unemployment Compensation Review Commission.

How do I file an appeal from a redetermination?

If you disagree with the redetermination of your initial appeal, you may file a written appeal to the Unemployment Compensation Review Commission (UCRC) within 21 calendar days of the date the redetermination was issued. Include your Social Security number, the date of the determination you disagree with, the reasons for your disagreement, and the hours you are available for a telephone hearing if you desire a hearing during nonworking hours.

You may file your appeal online at www.unemployment.ohio.gov between 6 a.m. and 6 p.m., by faxing your appeal to 614-466-8392, or by mail to this address:  

Ohio Department of Job and Family Services Director
Bureau of Unemployment Compensation Benefits
P.O. Box 182863
Columbus, OH 43218-2863  

After the UCRC accepts an appeal, you will receive a notice that your appeal has been transferred to the UCRC. Your case will be scheduled for either an in-person or telephone hearing with a hearing officer. Most hearings are conducted by telephone. If a telephone hearing is scheduled and you prefer an in-person hearing, you must notify the UCRC within 10 days of the date you receive the notice that your appeal has been transferred. You must then agree to travel to a hearing site closest to the location of the other parties. The hearing officer will issue a decision based on the information contained in your file and the testimony presented at the hearing.

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 should state that you are requesting a review of the hearing officer's decision and why you disagree with the hearing officer's decision. If you are employed during the day and desire a telephone hearing during nonworking hours, list the hours you are available for a hearing.

You may file your appeal by faxing it to 614-387-3694 or by mail to the following address: 

Unemployment Compensation Review Commission
P.O. Box 182299
Columbus, OH 43218-2299  

The commission may allow or deny your request for review. If denied, you will receive correspondence notifying you of the denial. If your request for review is allowed, the commission may issue a decision based on the record of the earlier hearing or hold an additional hearing. To change a telephone hearing, you must notify the UCRC within 10 calendar days of the date you receive the notice allowing the request for review. For an in-person hearing, you must agree to travel to a site closest to the other parties.

How do I file an appeal to Common Pleas Court?

If you disagree with the UCRC decision, you may file an appeal with the Common Pleas Court of the Ohio county where you live or were last employed. 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 Common Pleas Court will determine the timeliness of your appeal based on Ohio Revised Code, Section 4141.282 (l). In your notice of appeal, you must include all interested parties listed on the UCRC decisions, including the director of ODJFS. Be sure to identify the decision being appealed.

When the UCRC receives the notice of appeal from the Common Pleas Court, it will file a certified transcript of all the records from the appeal. The UCRC also will 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. A listing of the courts appears at the end of this section. Click here to view a listing of the courts

If you disagree with the decision of the Common Pleas Court, you may appeal your case further, as in civil cases.

What are the 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 as soon as you learn the decision.

Appeals not involving the courts must be filed within 21 calendar days of 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 holiday, the appeal period will be extended to the next working day.

If there is a question about timely receipt of your appeal, the following items can been used as evidence that your appeal was received by the agency: (1) a certified mail receipt, (2) a document confirming that your fax was received, or (3) if you filed online, the printed confirmation screen with the date on it.

The appeal deadline may be extended if certified medical evidence is presented establishing 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 of the end of the physical or mental condition.

Appeals to the Common Pleas Court must be filed within 30 calendar days of the date the final UCRC decision was mailed.

Should I 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. 

Do I have a right to representation at my appeal? 

ODJFS cannot recommend a legal representative. An authorized agent of your choice, such as an attorney, may represent you at any level of agency appeal. If you wish to be represented, it is important that you arrange representation as soon as possible. Your local bar association can refer you to a private attorney. ODJFS is not responsible for any expenses resulting from the representation. If you cannot afford a private attorney, your local legal aid society or legal services program may be able to provide help at no cost. Contact your local legal aid office at 1-866-LAW-OHIO (1-866-529-6446) or by searching the legal aid directory at http://www.ohiolegalservices.org/programs.