How to Appeal Denied Unemployment in New York
GET MORE INFORMATION WITH OUR GUIDE
Former employees who have been denied unemployment benefits can request an unemployment denial appeal to argue their case. If you win your appeal, the New York State Department of Labor (NYSDOL) will grant you the employment insurance you are entitled to. Residents who have been denied unemployment benefits will receive a Notice of Determination via mail indicating the reasons for which they are not considered eligible to earn unemployment aid. This notice will also state for which period of time benefits are being denied as well as the steps to re-qualify or ask for a hearing with the NYSDOL. Denied claimants can begin the appeal application process through the NYSDOL.
The request to appeal a decision must be filed or postmarked within 30 days of the date you received the initial notice of determination. Filing a request for reconsideration will grant residents who have had their unemployment compensation benefits denied a hearing before an administrative law judge. If the initial appeal is denied, you may file a follow-up appeal with the Unemployment Insurance Appeal Board within 20 days of the administrative law judge’s decision. If New York residents have been subject to wrongful termination, the UI Appeal Board may change its original decision for denial.
To learn about possible reasons for denied unemployment benefits and to go through the step-by-step instructions on how to submit an unemployment denial appeal in NY, read the following sections:
- Reasons you may have your unemployment benefits denied in New York
- How to File an unemployment denial appeal with an administrative law judge in New York
- How to File a follow-up appeal for denied unemployment benefits in New York
Reasons You May Have Your Unemployment Benefits Denied in New York
To avoid having your unemployment compensation benefits denied, you must meet the NYSDOL’s specified eligibility requirements. As such, there are a number of reasons why you may have experienced denied unemployment benefits in New York. Claimants who have earned less than the minimum required wages are not eligible to receive unemployment insurance within the state.
Other reasons for which you may have had your unemployment compensation benefits denied include:
- Quitting your job voluntarily.
- Getting fired for misconduct.
- Not being ready or willing to work.
- Not being entirely unemployed.
- Failing to meet the weekly requirements in order to receive continued unemployment benefits.
To further expand on reasons for denied unemployment benefits, a resident who has quit his or her job without good reason, or due to marriage, is not eligible to receive payments from the NYSDOL. If you have been let go of your job due to committing a felony of any sort, you will also be denied unemployment insurance in New York.
How to File an Unemployment Denial Appeal With an Administrative Law Judge in New York
Unemployment denial appeals can be made by New York residents who were denied unemployment benefits. The Unemployment Insurance Appeal Board employs an administrative law judge, which decides the validity of the unemployment insurance determination made by the Department of Labor.
To request a hearing with an administrative law judge, follow these steps:
- Submit a completed Employer Request for a Hearing form.
- Mail or fax it to the address stated on the top of the application form.
- State the specific events or facts supporting your case.
- File the request within 30 days after receiving the notice of determination.
During an unemployment denial appeal hearing, an administrative law judge is responsible for ensuring that each party is represented fairly and that an impartial decision is made. Claimants will be questioned by a judge during the hearing and are allowed to bring in a witness on their behalf. Both parties are eligible for cross-examination during a hearing, as well.
How to File a Follow-Up Appeal for Denied Unemployment Benefits in New York
If you are wondering, “What can I do if unemployment denied me benefits after my appeal?” you can file a follow-up appeal with the Unemployment Insurance Appeal Board (UIAB). To file an appeal with the appeal board, you must do so within 20 days of an administrative law judge’s decision. If you file an appeal after the initial 20-day period, you must provide a letter explaining why the appeal is late. All letters must be mailed to the NYSDOL, P.O. Box 15126, Albany, NY 12212-5126.
Once your unemployment denial appeal is received, the UIAB will send you a “Notice of Receipt of Appeal” with your appeal board case number. The notice explains how the appeal process works and how to submit a statement on an appeal. If you would like to submit a statement with additional information or requests, you must submit it within seven days of receiving a “Notice of Receipt of Appeal”. The UIAB decides on most appeals without testimony and relies on the evidence provided at the administrative law judge hearing to make a final decision.
If you disagree with the decision the UIAB makes regarding your second instance of denied unemployment benefits, you may appeal to the Appellate Division of the Supreme Court.