APPEALS

This chapter provides information about state law provisions concerning appeals authorities and time limitation for review for first stage appeals, second stage appeals, and judicial review.

IN GENERAL

The Social Security Act (SSA) requires states to offer "opportunity for a fair hearing before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied". Hence, all state laws provide for such appeal tribunals. Further, all but a few states' laws provide for a second appeal stage. In all states, individuals who aren't satisfied with the outcome of the administrative appeal(s) can appeal their cases in the state court system, federal courts, and, as a last resort, to the U.S. Supreme Court. In all states, employers who have an interest are granted the right to appeal decisions on claims as well.

As a result of California Department of Human Resources Development v. Java, once a claimant has been held eligible for benefits, such claimant will continue to receive benefits until a decision is issued reversing the determination allowing benefits. Thus, an employer's appeal will not affect the continuance in payment of benefits unless a decision is issued denying benefits. The majority of state laws specifically provide for the payment of benefits pending an appeal from a determination or decision allowing benefits while other states have either interpreted their laws or have been required by court order to follow this procedure. In all states, this procedure applies to any determination or decision issued allowing benefits.

Most of the states specify that findings of fact, conclusions of law or final orders made by a UI hearing officer or board of review will not be binding in any separate or subsequent proceeding brought before any court, judicial, administrative, or arbitration proceeding in that state or the U.S. Government. Some states' laws provide that information obtained in connection with the UI law may not be used in certain civil law suits as well. The following table lists the states that do not specify that findings, conclusions, or orders of hearing officers are not binding in court

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FIRST & SECOND STAGE APPEALS

FIRST STAGE APPEALS - Typically, all state laws provide that appeals at the initial stage will be conducted by one person called a referee, examiner, or administrative law judge.

The time period for appealing to the first stage appeals body is generally stated in terms of days; the number of days for filing an appeal after notice of the determination varies among the states, ranging from 5 to 30 days. Almost half of the states specify that "day" is defined as a calendar day. Some of the states which do not define day extend the due date for filling appeals if the last day for filing or the date of mailing falls on a Saturday, Sunday, holiday, or any other day the state agency is closed. Many states extend the time for filing for good cause. For more specific information about states’ law provisions, see the table at the end of this section.

In all but a few states, the decision of the first-stage appeals body is final in the absence of an appeal. In other states, the official may reconsider his decision within the appeal period.

SECOND APPEALS STAGE - About half of the states that established a second appeals stage have a board of review, board of appeals, or appeals board to hear cases appealed from the decision of the lower appeal tribunal. Almost all of these boards consist of three members. The members of the appeals boards generally represent labor, employers, and the public. The table below provides an overview of the exceptions concerning membership:

In the rest of the states that established a second appeals stage, it is handled by an existing commission or agency head.

Many states extend the time for filing for good cause; this provision can be found in policy rather than law in some of these states. Some states provide that a contested determination which involves a . labor dispute shall be appealed directly to the second-stage appeals body. In some states, a special examiner is designated to determine the original claim. State-specific information can be found in the following table.

All states provide for appeals to the courts for judicial review. In general, the time limit for filing ranges from 10 to 50 days. However, states that designate a specific period of time to exhaust actions before the second administrative appeal body decision becomes final provide an additional period of time in which to seek judicial review commencing with the date the decision is final.