If you find that you have been denied unemployment compensation benefits that you are entitled to and for which your employer has paid, it is critical to understand the appeal levels and the process at each stage.
When you file for unemployment benefits, your employer will be asked to provide information, after which ODJFS will make a determination regarding your eligibility for benefits. If the initial determination denies your unemployment compensation benefits, you may submit a written appeal, commonly referred to as an unemployment appeal letter. This appeal must be submitted within 21 calendar days of the determination date and can be sent by mail or fax to the processing center identified in the determination, or submitted through the online system.
If you choose to have the Ohio Unemployment Lawyers of Smith's Law Offices assist you, we will notify ODJFS that we represent you and request a copy of your file, which will include more information than what is available through ODJFS’ online system. The file will contain documents, questionnaire responses, and other information provided by your former employer. We will then craft an appeal that explains why the law entitles you to unemployment compensation benefits.
Once this appeal is submitted, ODJFS has 21 days to either issue a redetermination or refer the appeal to the Unemployment Compensation Review Commission. In almost all cases, ODJFS will issue a redetermination that will either uphold its original determination or change it.
If ODJFS' redetermination is not in your favor, you have 21 days from the date the redetermination is issued to file an appeal with the Unemployment Compensation Review Commission (UCRC). Once this appeal is filed, you will first receive confirmation that the appeal has been submitted, and about a week later, you will receive a notice with the date and time of the hearing. This hearing is most often conducted by telephone, though it may be held in person if necessary.
The unemployment appeal hearing is the most important stage of the appeal process. Prior to the hearing, Smith's Law Offices will request your ODJFS file, subpoena any documents that may support your position, secure any important witnesses, and discuss the hearing process with you to ensure you are comfortable with it.
During the hearing, a Hearing Officer will begin by asking witnesses questions. Any representatives will have the opportunity to follow up with additional questions. If you choose to have the Ohio Unemployment Attorneys at Smith's Law Offices represent you, we will cross-examine all employer witnesses, ask follow-up questions to ensure the Hearing Officer hears and understands why you are entitled to benefits, and provide a closing statement to the Hearing Officer, outlining the law and facts that support your right to unemployment compensation.
If the Hearing Officer’s decision is not in your favor, you may submit a Request for Review to the Ohio Unemployment Compensation Review Commission (UCRC). The UCRC may deny the request for review or grant it. If granted, the UCRC may rely on the existing record or hold an additional hearing. Requests to the UCRC are rarely granted and often face significant challenges. Therefore, it is important to contact the Ohio Unemployment Lawyers at Smith's Law Offices before the Unemployment Appeal Hearing, when many strategies are still available to help you obtain the benefits to which you are entitled.
There may also be appeals that can be made to the court. However, just as the request for review is an uphill battle, so too are any appeals to the court.
Continue to report to ODJFS throughout the process. If you win, you will be paid only for the weeks that you reported. If the online system stops accepting your claims, call to report the problem and resolve it immediately.
If you have received benefits and later lose, ODJFS will require you to repay any benefits already received. Overpayments not paid in full within forty-five days of a decision becoming final may be referred to Ohio's Attorney General for collection.
Deadlines are very strict, and missing a deadline will likely conclude your claim. The limited circumstances under which a deadline might be extended require you to: A) provide certified medical documentation indicating that you had a medical condition preventing you from filing on time, or B) convince the Review Commission that you did not receive proper notice of the determination you are appealing.
You have nothing to risk by calling Smith's Law Offices for your free consultation, so contact us today before you lose any of your unemployment appeal rights. Whether you've just received an unemployment denial and need to appeal or are about to have an unemployment hearing, we can help.
Affordable Legal Help
We offer fee options that acknowledge the difficulty of affording legal help while unemployed. In many cases, we can offer a contingency fee that requires no upfront payment, with the fee instead being paid as a percentage of the back payment that is recovered. We also provide minimal flat fees when appropriate.
Statewide Representation
Because unemployment determinations are appealed in writing, and the hearings are conducted by telephone, Smith's Law Offices successfully represents clients throughout the entire State of Ohio.
The unemployment benefit appeal process offers opportunities for a favorable determination, but you must be knowledgeable about the laws and rules, as well as equipped with the necessary tools to gather and present evidence on your behalf.
Importantly, ODJFS does not consider what you believe to be true unless you can demonstrate that truth, prove it, and explain it in a way that aligns with Ohio statutes and rules requiring them to grant you benefits.
The Ohio Unemployment Lawyers at Smith's Law Offices possess the expertise and experience needed to navigate the unemployment appeal process and present the strongest case possible to secure the benefits you deserve. It’s a straightforward choice: if you want to enhance your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Smith's Law Offices.
If you contact us for a free consultation regarding your unemployment case, there are some important questions you should be prepared to answer:
We attempt to respond to every request for an Ohio unemployment consultation the same day it is received. Due to a large volume of requests for consultations, we are occasionally unable to respond until the following business day. Double check your email address so you can receive a response. If you leave a number for us to call you back on, be sure that your voicemail is set up so we can leave a message if you are unable to answer or screening your calls.
