Kentucky Appeals Process – What Happens When you’re Denied Benefits?
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You have the right to appeal any decision by the Career Center claims examiners. You can request a reevaluation of a monetary determination, but you can also appeal that decision.
You will have 15 calendar days from the mailing date of the determination. This is not when you receive the determination, but when it is mailed. Use either the postmark on the notice or the date on the determination.
The appeal must be in writing and mailed or faxed to the Appeals Branch.
275 East Main St. 2EB
Frankfort, KY 40621
The appeal must contain sufficient information to process the appeal. You should include your name and current contact information, the matter you are appealing and any important information from the Notice of Determination.
The Appeals Bureau will send a notice of the date and time of the hearing. Most hearings are held over the telephone. However, you may request an in-person hearing. If an in-person hearing is scheduled, you will receive notice of the place as well.
If you realize you have a scheduling conflict, you must notify the Appeals Bureau as soon as possible. Make a request to have the hearing scheduled for a different time or date. However, the reason for the request must be caused by events beyond your control, or would violate notions of fairness (e.g. a new job, a final exam for school).
If you need to make a last-minute schedule change, there must be circumstances beyond your control. You are hospitalized or otherwise incapacitated, for example. You have a sick child no older than a toddler. It will be up to the Appeals Referee to decide whether to reschedule.
Preparing for the Appeals Hearing
The appeal is a quasi-judicial process. If you file the appeal, your former employer will receive notice of the hearing and will have the right to participate. Both you and your former employer or their representative will be able to present testimony, evidence and witnesses to prove their side of the story is what happened.
You have the right to be represented by counsel. This doesn’t mean you have to hire a lawyer. You can have a friend represent you at the hearing. It isn’t necessary to have representation. You should be able to make your case to the referee yourself.
If you plan to ask for a witness and you are unsure they will appear, you may request a subpoena from the referee. The referee will need to know what the witness plans to testify about and will decide whether to issue a subpoena.
If you have evidence to present in the hearing, you will need to make that available to the referee in advance of the hearing. Your former employer has the right to view evidence you will present at trial, so you will have to make sure the opposing party receives a copy of your evidence. You will also have the right to see their evidence
Consider your argument. Are you appealing because you believe your employer falsely accused you off a policy violation that led to your discharge? You will need to present facts, evidence and testimony that supports the idea that you were falsely accused.
Keep in mind that while this is not a trial in court, there are rules that the referee will explain to both parties. Present only relevant evidence and testimony, keep your temper in check and remain respectful of all involved.
Make sure you call in to the hearing on time. If you are significantly late, you may lose the opportunity to present your case or the referee may deny your appeal, forcing you to file a new one.
Continue to file weekly claims while you are waiting for the hearing date. Continue to file weekly claims while you are waiting for a decision. You cannot receive benefits for weeks in which you do not file a claim.
What Happens During an Appeals Hearing
The referee will swear in both parties, then give instructions for the hearing. If there are representatives or attorneys present, the referee will have special instructions for them. Inform the referee of any witnesses present (if this is a telephone hearing) and the referee will swear them in when they testify.
The referee will decide who goes first. The referee may decide that the appealing party goes first (often in cases regarding monetary determinations or late appeals). Generally, if the issue is whether you quit voluntarily, then you go first. If the issue is whether you were discharged for misconduct, the employer will go first.
The referee will give whomever is going first the opportunity to present their side of what happens. They may enter evidence into the record as each piece is discussed if they have not already entered the evidence into the record. Any witnesses will come forward and will testify.
Then, the opposing party will be able to ask questions regarding the testimony presented and of the witnesses (cross-examination). The referee may have questions they want to ask as well.
The process is repeated with the opposing party. The referee may ask more questions to clarify facts. Then, the referee will allow both parties a chance to make a closing statement.
The referee will make their decision after the hearing is complete. Both parties will receive notice of the outcome.
If the appeal is not decided in your favor, you may appeal to the Unemployment Insurance Commission. The decision the referee mails will have information on how to file this appeal.
Read about your rights at the Appeals Bureau web page