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Appealing a Referee Decision to the UC Board of Review

Appealing a Referee Decision

How to File an Appeal to the UC Board of Review

Claims Involved in an Appeal

UC Board of Review Decision-Making Process

Withdrawing an Appeal to the UC Board of Review

Requesting to File a Brief

Requesting to Present an Oral Argument Before the Board

Obtaining a Copy of the Appeal Record

Remanding a UC Board of Review Appeal

Appealing a Referee Decision

Any party who disagrees with a Referee's decision has the right to file a further appeal to the Unemployment Compensation (UC) Board of Review (Board). The Board is comprised of a chairperson and two board members, all of whom are appointed by the governor.

Under Section 502 of the Pennsylvania Unemployment Compensation Law, a Referee's decision becomes final unless an appeal is filed within fifteen (15) days of the date the decision was mailed. If the fifteenth day of an appeal period falls on a day on which the UC service center is closed, the appeal period is extended to the next working day.

How to File an Appeal to the UC Board of Review

Appeals may be filed by:

  • mailing or faxing a Petition for Appeal form or an appeal letter to the department;
  • emailing an appeal to the department; or
  • delivering an appeal in person to a PA Careerlink® office.

NOTE: Appeals cannot be filed in person at UC service centers.

Please be advised that the department cannot guarantee the security of personally identifiable information submitted electronically.

An appeal letter must include the name and address of the claimant, the Social Security number of the claimant (if known), the date of the determination being appealed, the reason for the appeal, and the name and address of the individual filing the appeal.

NOTE: Appeals that are sent by fax should only include the last four digits of the claimant’s Social Security number, for example, xxx-xx-1234.

If you appeal by mail:

  • US Postal Service: The filing date is the US Postal Service postmark date, the date of a Postal Service certificate of mailing or the date of a Postal Service certified mail receipt. In the absence of these dates, the filling date is the date of a postage meter mark. In the absence of all of the above dates, the filing date is the date the department receives the appeal.
  • Common Carrier: The filing date is the date the envelope containing the appeal is delivered to a common carrier. If that date cannot be determined, the filing date is the date the department receives the appeal.    

You should mail your appeal to the UC Board of Review at:  

Department of Labor & Industry
UC Board of Review
Room 1119 Labor & Industry Building
651 Boas St.
Harrisburg, PA 17121

If you appeal by fax:

  • Your appeal must be received by the department by 11:59 p.m. on the last day to appeal.
  • The filing date will be determined by the date of receipt imprinted by the receiving fax machine. If there is no receipt date imprinted by the receiving fax machine, the sender's fax banner will control the date of filing. If neither date appears on the fax, the date of receipt recorded by the department will serve as the date of filing.
  • Your appeal should be faxed to the UC Board of Review at 717-346-4484.
  • You are responsible for any delay, disruption, or interruption of electronic signals and the readability of the appeal, and you accept the risk that the appeal may not be properly or timely filed.  

If you appeal by email:

  • The filing date is the date of receipt recorded by the department's electronic transmission system.
  • Your appeal should be emailed to the UC Board of Review at UCBoardAppeals@pa.gov.
  • You are responsible for using the proper format and for any delay, disruption, or interruption of electronic signals and the readability of the appeal, and you accept the risk that the appeal may not be properly or timely filed.  

If you appeal in person at a PA CareerLink®:

  • The filing date is the date it is delivered to the PA CareerLink® during normal business hours.
  • The PA CareerLink® representative will forward your petition for appeal or letter of appeal to the UC Board of Review. 

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UC BOARD OF REVIEW DECISION MAKING PROCESS

The Board will review the evidentiary record of the Referee's hearing. By statute and regulation, the Board has authority to issue its decision based on the Referee's record without taking additional testimony. The Board also has authority to order a second hearing (remand hearing) for the purpose of taking additional testimony. In the event a remand hearing is ordered, the Board will consider the entire record, which consists of the original hearing and the remand hearing. After reviewing the entire record and applying the applicable laws, regulations and court precedents, the Board will issue a written decision regarding eligibility or ineligibility for benefits.

After reviewing the facts, the Board will issue a decision. Copies of the decision will be mailed to the interested parties.

Withdrawing an Appeal to the UC Board of Review

The appellant may ask to have an appeal withdrawn any time before a decision is issued by the Board. The request for withdrawing your appeal must be in writing to the Board at the address listed below. By withdrawing the appeal, the party accepts the decision that was issued by the Referee. Withdrawal requests must be submitted in writing by mail, email or fax to:

Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas St.
Harrisburg, PA 17121
Fax: 717-787-6125
Email: ra-li-ucbr-CentralOf@pa.gov

NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.

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Requesting to File a Brief

Additional testimony on a case before the Referee is not permitted unless the Board specifically orders a remand hearing. However, if a party wishes to expand testimony already recorded, a written request must be submitted, asking the Board for permission to file a brief (a written statement).

Requesting to Present an Oral Argument Before the Board

If a party wishes to clarify already recorded testimony, the party must submit a written request to be scheduled for oral argument (personal appearance) before the Board in Harrisburg. Requests must be submitted in writing by mail, email or fax to:

Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas St.
Harrisburg, PA 17121
Fax: 717-787-6125
Email: ra-li-ucbr-CentralOf@pa.gov

NOTE: If you elect to correspond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.

The Board has sole discretion to grant or deny requests for oral argument, and will grant it only when and if the Board deems it is needed to enable the Board to render an appropriate decision. If an oral argument is scheduled, either party may request a continuance (postponing and rescheduling) by contacting the Board. The request to have an oral argument before the Board will only be granted for proper cause.

Whether you are the claimant or the employer, you may file your own brief, or request for oral argument, or you may have an attorney or any other advocate file those documents for you. If you are the claimant and you qualify, free legal assistance may be available from the legal services organization serving your area, your local bar association, or a law school clinic.

Obtaining a Copy of the Appeal Record

The record of the Referee's hearing is transcribed only when a Referee decision is appealed to the Board. A copy of the testimony, which is to be used for UC purposes only, is available to each party, at no charge, upon written request. Requests must be submitted in writing by mail, email or fax to:

Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas St.
Harrisburg, PA 17121
Fax: 717-787-6125
Email: ra-li-ucbr-CentralOf@pa.gov

NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.

Remanding a UC Board of Review Appeal

If the Board feels that the record is not adequate, then it will remand (return) the case to a Referee for another hearing. If either party feels that existing testimony is insufficient and that new evidence should be introduced, a written request for a remand must be sent to the Appeals System Administrator, stating why the testimony is incomplete.

If either party feels that the attendance of certain witnesses and/or the producing of certain documents at the remand hearing are essential to provide the Board with complete information concerning the claim, a written request must be submitted to the Referee to issue subpoenas. If a party's witness refuses to appear or provide documentary evidence, the party may submit a written request to the Referee to issue subpoenas to assure the requested presence at the hearing. If determined necessary, the Referee will issue subpoenas. However, it is the responsibility of the party requesting the subpoena to serve it upon the witness.

At a remand hearing, the Referee will serve as a hearing officer for the Board to gather any additional information for the Board to consider. The entire file and record of evidence will then be returned to the Board for further action. If a remand hearing is scheduled, either party may request a continuance (postponing and rescheduling) of the hearing by contacting the Referee's office. This may be granted for proper cause.

The information provided on this site does not constitute a determination of eligibility to receive unemployment compensation.

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