Pennsylvania Appeals Process – What Happens When you’re Denied Benefits?
Last Verified: February 2017The Pennsylvania Unemployment Compensation Law allows any applicant for benefits to appeal any negative decision from the Office of Unemployment Compensation to the Board of Review’s Referee. If you were denied benefits, you will note that the Notice of Determination included instructions on how to file an appeal. This article will go beyond instructions to inform you on how to prepare for your hearing and what to expect during the hearing.
You have 15 days to file your appeal. The clock starts running from the mailing date of the appeal, not when you receive it. You can file your appeal online, in person at a PA Careerlink® office or by completing the Petition for Appeal form. Your Notice will include the Petition; however, you can download a copy from the OUC website. When you file your appeal in person, you must present a copy of the Petition.
To file an online appeal, you will need the information from your Notice, an email address and a copy of the Adobe Acrobat Reader. You must have this software to complete an online application. You must use the form that matches the Unemployment Compensation Service Center (UC Center) that mailed your Notice. The links and mailing addresses (if you plan to mail your appeal) for the different centers are below:
| Duquesne UC Service Center (0998) 14 North Linden Street Duquesne, PA 15110-1067 FAX: 412-267-1475 |
Scranton UC Service Center (0991) 30 Stauffer Industrial Park Taylor, PA 18517-9625 FAX: 570-562-4385 |
| Erie UC Service Center (0993) 1316 State Street Erie, PA 16501-1978 FAX: 814-871-4863 |
Harrisburg Overflow Center 651 Boas St, 15th Floor Harrisburg, PA 17121 FAX: 717-214-5463 |
By using the links, you can find the form you need. If you received a form from the Lancaster center, use the Harrisburg Overflow form.
Timeliness is important when filing your appeal. You must apply within the 15-day window. Filing online or faxing the appeal is the best way to insure you get it in on time. If you must use postal mail, note that your filing date will be your mailing date. If your letter doesn’t have a post mark or other indication of when you sent the appeal, the filing date will be when the OUC receives the appeal.
What Happens When You File an Unemployment Appeal in PA
The appeal will be a hearing before a person who will hear the evidence in the case and apply the law. This person is called a UC Referee. The Referee will mail the parties to the hearing a Notice of Hearing, which will include the date, time and place of the hearing. You will also learn who will participate and what issue will be discussed. If you are appealing a denial of benefits, your former employer will have the right to participate in the hearing, and will receive Notice.
Preparing for your Unemployment Appeal
You have certain rights under the law regarding your appeal hearing. You have the right to representation, to present evidence and have witnesses like a judicial trial. However, the appeals hearing is a less formal administrative hearing.
Representation
You may represent yourself at the hearing without difficulty, as many do. You may also have a friend represent you or you can hire an attorney. You should inform the Board of Review or your Referee if you are hiring a lawyer, as certain rules apply. If you ask a friend to represent you, you should be aware that your friend may not testify to the facts of the case or as a “character witness” on your behalf.
Witnesses
You have the right to have witnesses present to provide the Referee with facts regarding your case. They should have first-hand knowledge about your separation from work. If they only “heard about” what happened, the Referee may not allow them to testify. In some circumstances, something you told them immediately after what happened may be relevant testimony. It will be up to the Referee to decide what is relevant.
If you think an important witness may be reluctant to testify (or to produce documents you plan to present as evidence), inform the Referee. The Referee will decide whether to issue a subpoena to order the witness to appear at your hearing. In PA, the person requesting the subpoena is required to deliver the subpoena.
Evidence
You may present evidence at your hearing. You can present “business documents,” like time sheets or disciplinary notices, anything produced in the normal course of business. You may present authentic medical records. If you have some document like a written statement, the person who made the statement will have to be present at the hearing to verify that they in fact made the statement (with some exceptions).
Scheduling Issues
If you notice that the hearing date and time conflict with some previously scheduled event, you should notify the Referee immediately. Inform them of the conflict if you wish to reschedule. You will have to provide a substantial and compelling reason for the Referee to reschedule.
If you miss a hearing because of some event, you may request a reopening of the hearing (if you miss the hearing, the Referee may hear the case without you or allow the original decision to stand). Again, you must have a compelling reason to request the reopening. You should make this request as soon as reasonably able.
What Happens During an Unemployment Appeal
The Referee will swear in all parties present at the hearing, and then explain the rules and procedures. The party that filed the appeal may go first, or the issue at the hearing will determine the order of testimony. The employer will go first if the issue is whether you were fired for misconduct. You, the claimant, will go first if the issue is whether you quit for good cause.
Both parties will have an opportunity to present evidence, witnesses and other testimony. The Referee will allow the opposing party the opportunity to ask questions about that testimony. The Referee may ask questions at any time, either to facilitate the process or illuminate important facts. Both parties will have an opportunity to make a closing statement.
The Referee will issue a decision after the hearing is closed. The Referee will base the decision on the facts presented during the hearing and the application of the law. The Referee will mail a copy of the decision to both parties.
If you disagree with the decision, you may appeal that decision to the Board of Review.
Below are the addresses for the various Referee Offices in PA. Your hearing may be held at one of these locations. Also, you may call these offices for more information about your appeal.
| Referee Offices | |
| Bethlehem Referee Office 224 Nazareth Pike Bethlehem, PA 18020-9498 Phone: 610-746-3804 Fax: 610-746-3806 Email: [email protected] |
Bristol Referee Office 1250 Veterans Hwy, Suite G-13 Bristol, PA 19007-2599 Phone: 267-550-9578 Fax: 215-781-3207 Email: [email protected] |
| Erie Referee Office 3300 Lovell Place Erie, PA 16503-2620 Phone: 814-871-4638 Fax: 814-878-5814 Email: [email protected] |
Greensburg Referee Office 144 N. Main Street, Suite 1B Greensburg, PA 15601-4497 Phone: 724-858-3930 Fax: 724-830-2049 Email: [email protected] |
| Harrisburg Referee Office 333 Market Street, 16th Floor Harrisburg, PA 17101-2238 Phone: 717-214-4300 Fax: 717-705-0881 Email: [email protected]Mailing Address: P.O. Box 69019 Harrisburg, PA 17106-9019 |
Hermitage Referee Office 1621 Dutch Lane, Suite 103 Hermitage, PA 16148 Phone: 724-962-6092 Fax: 724-962-6098 Email: ra-li-ucbr-Sharo |
| Johnstown Referee Office 319 Washington Street, Suite 226 Johnstown, PA 15901 Phone: 814-533-2381 Fax: 814-533-2412 Email: [email protected] |
King of Prussia Referee Office 100 Ross Road, Suite 210 King of Prussia, PA 19406-2110 Phone: 484-250-7120 Fax: 610-337-1877 Email: [email protected] |
| Lancaster Referee Office 29 East King Street, Suite 101 Lancaster, PA 17602-2852 Phone: 717-299-7554 Fax: 717-290-1952 Email: [email protected] |
Malvern Referee Office 100 Ross Road, Suite 210 King of Prussia, PA 19406-2110 Phone: 484-250-7120 Fax: 610-337-1877 Email: [email protected]NOTE: This office will be closing effective Feb. 24, 2017. As of Feb. 23, hearings and staff for this location will be located at the King of Prussia UC Referee Office, 100 Ross Road, Suite 210, King of Prussia, PA 19406. The new telephone number, (484) 250-7120 and the fax number, (610) 337-1877. |
| Oil City Referee Office 106 Duncomb Street Drake Building, Suite A Oil City, PA 16301-1447 Phone: 814-676-5751 Fax: 814-677-6018 Email: ra-li-ucbr-OilCi[email protected] |
Philadelphia Referee Office 444 N. Third St., 2nd Floor Philadelphia, PA 19123-4185 Phone: 215-560-2845 Fax: 215-560-2816 Email: [email protected] |
| Pittsburgh Referee Office 301 5th Avenue, Suite 340 Pittsburgh, PA 15222 Phone: 412-565-5388 Fax: 412-565-2324 Email: [email protected] |
Reading Referee Office 625 Cherry Street, Room 243 Reading, PA 19602-1152 Phone: 610-378-4100 Fax: 610-378-4456 Email: [email protected] |
| Scranton Referee Office 1016 Pittston Avenue, Suite 300 PNU/PNCC Building Scranton, PA 18505-4109 Phone: 570-963-4658 Fax: 570-963-3497 Email: [email protected] |
Springfield Referee Office 1489 Baltimore Pike Building 100, Suite 106 Springfield, PA 19064-3958 Phone: 610-938-9472 Fax: 610-338-2299 Email: [email protected] |
| Washington Referee Office Millcraft Center 90 W. Chestnut Street, Suite 125UL Washington, PA 15301-4524 Phone: 724-223-4590 Fax: 724-250-1227 Email: [email protected] |
Wilkes Barre Referee Office 39 Public Square, Suite 100 Wilkes Barre, PA 18701-2509 Phone: 570-301-1520 Fax: 570-301-1523 Email: [email protected] |
| Williamsport Referee Office 208 W. Third Street, Suite 201 Williamsport, PA 17701-6477 Phone: 570-327-3539 Fax: 570-321-0917 Email: [email protected] |
|