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Unemployment Appeals

unemployment-claims-imageOne of the most daunting and overwhelming tasks for an employee who has been recently separated from their employment is the filing of an unemployment claim with the Ohio Department of Job and Family Services (ODJFS), which is the prerequisite to receiving unemployment benefits.  Anything stated by you in your application for benefits can be used in the grant or denial of your unemployment benefits.

Attorney Collum is an Ohio unemployment attorney who would be happy to provide you a FREE CONSULTATION to discuss any questions you may have in regards to the unemployment compensation appeals process.

Attorney Collum has represented individuals and employers in hundreds of unemployment compensation appeals before the State of Ohio Unemployment Compensation Review Commission since 1999.  At any point in the appeals process Attorney Collum would be happy to undertake your representation to give you the best opportunity for success in the effort to receive and retain your unemployment benefits.

Even if an individual has already received their unemployment compensation, it is still critical to secure the proper legal representation, as a former employer may appeal the grant of unemployment compensation, and if the employer’s appeal is successful, the former employee (or Claimant) would be ordered by the ODJFS to pay back all or a portion of their unemployment compensation previously received.

Although the State of Ohio Unemployment Compensation Review Commission (“UCRC”) is available to answer any questions you may have, it is still a very confusing and complicated process where there is no room for error.  A list of important phone numbers, address, e-mail and fax information for the State of Ohio UCRC can be found here.

The Unemployment Compensation Appeals Process

One of the most important steps in the unemployment appeals process is to NEVER miss a deadline. If a deadline is missed, there are only a few valid excuses that will allow you to have your appeal heard on its merits. The following deadlines apply during the unemployment compensation appeals process:

• Determinations, Redeterminations and the Decisions of a Hearing Officer before the State of Ohio UCRC all must be appealed within twenty-one (21) days from the date of mailing; and

• A Denial of the Request for Review must be appealed to the relevant Common Pleas Court within thirty (30) days of the date of mailing.

A determination will be made (generally) within a week or so of a Claimant’s initial application for unemployment benefits. Remember, even if you as the Claimant are denied unemployment benefits, you should continue your weekly claim reporting, as there are a few different circumstances in which you may receive a lump-sum check for weeks previously claimed but not paid by the ODJFS.

If the grant of unemployment compensation is appealed to the stage of a hearing, a vast majority of the hearings are held by telephone (only on a request of a party are they held in-person. All in-person hearings are held in Richmond Heights, Ohio, for the Northeast Ohio region). You will receive notice of your telephone hearing and must immediately determine your availability for that hearing, as the postponement policy is very strict. Once you confirm your availability for the telephone hearing, Attorney Collum will prepare you for all aspects of your telephone hearing which includes the ordering and review of the complete “Director’s File” for your claim, which will be reviewed by your hearing officer prior to your hearing. The telephone hearing will be the only opportunity since the inception of the claim to present new evidence in support of your claim and a hearing officer is given wide latitude about what to consider during the telephone hearing (i.e., hearsay evidence is permissible).

Depending on your success at the telephone hearing, the matter may be closed if there are no more appeals. An appeal of the hearing officer’s determination is called a “Request for Review” which requests action by the Unemployment Compensation Review Commission, who may deny the request, grant a new hearing or modify the hearing officer’s decision in any appropriate manner (this is not a hearing and is simply a written request citing error in the hearing officer’s determination). Following the Request for Review, there may be situations where it is appropriate to appeal the case to the Common Pleas Court. Once again, this is not a situation where new evidence may be presented and the Notice of Appeal must be filed within thirty (30) days of the issuance of the decision on the Request for Review.

The Importance of Proper Representation of an Ohio Unemployment Lawyer

The most critical points of the unemployment compensation appeals process is early in the initial appeal—most clients seek representation later in the process when the record has been formed and it is generally more difficult to be flexible in the arguments which need to be made to be successful. Please contact Attorney Collum for a FREE CONSULTATION regarding your unemployment appeal and any questions you may have at (330) 494-4877 or by e-mail at jcollum@collumlawoffice.com.

Attorney Collum is an Ohio unemployment lawyer who represents individuals and companies in their unemployment appeals in cities all over Northeast Ohio including, but not limited to, the cities of Canton, Akron, Alliance, Canal Fulton, Massillon, Barberton, Cuyahoga Falls, Hudson, Fairlawn, Green, Macedonia, Munroe Falls, New Franklin, Norton, Stow, Tallmadge, Twinsburg, Kent, Ravenna, Streetsboro, Aurora, Brunswick, Medina, Rittman, Wadsworth, Dover, New Philadelphia, Uhrichsville, Orrville, Wooster, Columbiana, East Liverpool and Salem.

 

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