If you were denied unemployment benefits in Wisconsin, you can appeal the decision of the Department of Workforce Development and request a hearing to present your case. Typically, such decisions are made regarding applicants who either do not meet all eligibility requirements or are no longer eligible for unemployment insurance. If you had your unemployment benefits denied by the department for any reason and you believe that you deserve benefits, you must file an appeal before the date stated on your determination document. The WI unemployment denial appeal must be in writing, and it can be mailed or delivered in person to a hearing office. If you are not able to submit the appeal in person, you can appeal online. Your denied unemployment appeal must clearly state your identity and the details related to your case. If you received more than one determination document, you must submit separate appeals.
If you are an unemployed worker wondering, “What can I do if unemployment denied me benefits?” explore the sections outlined below to learn all about the appeals process:
- How to request an unemployment denial appeal in Wisconsin
- What happens after an unemployment denial appeal in Wisconsin
How to Request an Unemployment Denial Appeal in Wisconsin
If you have your unemployment compensation benefits denied in Wisconsin and would like to file an unemployment denial appeal with the Department of Workforce Development, you must first get familiar with the appeal process. You can be denied unemployment compensation if you do not meet the eligibility requirements set by the department or if you are no longer eligible, resulting in the termination of your benefits. If you believe that the decision to deny you benefits was unfair, such as if you were the victim of wrongful termination in your workplace, you can file an appeal either online or in person. If you would like to request a hearing in person, you must make the appeal in writing and include certain personal information, such as your name, Social Security Number, the name and location of your employer and the ID number of your unemployment application determination. On the other hand, if you choose to submit an online WI unemployment denial appeal, visit the official WI DWD website and fill out the application with the following information:
- Your Social Security Number
- Your full name
- Your employer account number (as shown on the determination)
- Your employer’s name
- The address and city where you performed the work
- The ID number stated on the determination
- The determination date
- The reason for your appeal, explaining why you disagree with the department’s decision
- The dates you are not available for a hearing
If you are represented by an agent or attorney, you can list his/her name, address and phone number on the form.
What Happens After an Unemployment Denial Appeal in Wisconsin
Once you have filed your unemployment denial appeal with the Wisconsin Department of Workforce Development, you can expect a hearing to be scheduled where you can explain why you deserve to receive unemployment insurance. During the denied unemployment hearing, you will have the right to question witnesses, and you will be able to present all evidence related to your case, such as documents, video and audio tapes, hearsay evidence and more.
When the hearing has finished, an administrative law judge will review all evidence presented at the hearing and decide whether or not to give you unemployment benefits, based on the new facts. You will receive a decision within two weeks from the date of the hearing. If you are not satisfied with this decision, i.e. you are denied unemployment benefits again, you can appeal it within 21 days by submitting a request to the Labor and Industry Review Commission via mail, fax or in person. You may also fill out an Electronic Petition for Review Form, found on the DWD website. If after this appeal a decision is made in your favor and you are approved to receive unemployment benefits, you may need to wait one to two weeks for the decision to become valid in the payment system. During this time, you must still file weekly claims for benefits in order to be compensated and to avoid other eligibility issues.