Expanded and Legal Appeals Information
When the department has made an Unemployment Compensation (UC) eligibility determination, both parties (claimant and employer) will be sent a copy of the determination.
The claimant or the employer may file an appeal to a determination within no later than 21 calendar days after the determination date provided on the notice of determination to a UC Appeals Referee and a hearing will be scheduled. When the twenty-first day of the appeal period falls on a day on which the department is closed (i.e., Saturday, Sunday or holiday), the appeal period is extended to the next business day. If an appeal is filed after the 21-day appeal period has elapsed, the UC Referee will first rule on the timeliness of the appeal before considering any other issue. Parties should pay particular attention to the issues to be considered as listed on the hearing notice.
Follow the appeal instructions on the determination. The appeal should be sent to the UC service center indicated on the determination.
If the claimant or employer disagrees with the Referee’s decision, the claimant or employer may appeal to the Board. The appeal must be filed within 21 days of the Referee's decision and should be sent to the
UC Board of Review, not the UC service center.
A party may request reconsideration of the Board's decision within 15 days of the mailing date of the decision. However, the making of a reconsideration request to the Board will not change the deadline for an appeal to Commonwealth Court, which may be made by filing a petition for review with the court no later than 30 days after the mailing date of the Board’s decision. A party is not required to request reconsideration from the Board prior to filing a petition for review with the court.
Appeals to Commonwealth Court must be filed directly to the court, not to the Board.
Failure to file an appeal within these time frames will result in the determination becoming final.
It is extremely important that the employer act promptly if he/she wishes to challenge an individual's receipt of benefits. It is also extremely important that the claimant act promptly if he/she wishes to challenge the denial of benefits.
An appeal of a department’s determination on a claimant's eligibility is different from an employer's request for relief from charges and must be filed separately.
An employer who does not appeal an eligible determination may not later dispute that determination in a relief from charge proceeding.
If a claimant is appealing an ineligible determination, benefits will be paid only if the decision is reversed.
Appeals Procedure and Legal Information