Unemployment Claimants Who Received Denials After the Time to Appeal Expired May Still Appeal
HARRISBURG (MAY 8 2020) - The Department of Labor & Industry (L&I) is advising that anyone who receives a denial of their unemployment compensation (UC) claim after the time for appeal has expired and believes the denial was incorrect, may still file an appeal.
Due to the historic 1.7 million new UC claims received over the past seven weeks, L&I experienced some previously announced mailing delays involving some Personal Identification Numbers (PINs).
As a result, some UC claimants and their employers may have received their notice of determination letters near the end of a listed appeal period or after it had already expired.
“We want everyone impacted by this delay to know they may still file an appeal if they believe the denial was incorrect,” said L&I Secretary Jerry Oleksiak. “The UC Board of Review has been made aware of these special circumstances related to COVID-19. We apologize for any added frustration this may cause.”
When the department makes a UC eligibility determination, the claimant and their employer are both sent a copy of that decision. Under the Pennsylvania Unemployment Compensation Law, determinations become final unless an appeal is timely filed.
Typically, claimants or employers may file an appeal within 15 calendar days of the mailing date to a UC Appeals Referee and a hearing will be scheduled. Processing delays caused by the sheer number of claims filed, many claimants received their notices after the deadline for the appeal.
Because of the special circumstances involved in this situation, the Appeals Referees will take the mailing delay into account when deciding the timeliness of an appeal. The timeliness of the appeal will be the first issue raised in the hearing. The claimant needs to tell the referee that the notice was received after the state deadline to appeal in order to resolve that issue. The hearing will then proceed to the substantive issues.
Due to the COVID-19 pandemic, all UC appeal hearings are being conducted by telephone. When an appeals hearing is scheduled, all parties will be notified of the date and time of the hearing by mail and/or email with at least seven days’ notice. To learn more about filing a UC Service Center determination appeal, click here.
Individuals who received outdated determination letters should still follow the general appeal instructions provided in the letter. Appeals may be filed by email at UCAppeals@pa.gov.