According to research from the Economic Policy Institute released on April 28th, for every 10 people who said they successfully filed for unemployment benefits during the previous four weeks, three to four additional people tried to apply but could not get through the system to make a claim.
EPI researchers also found that two additional people did not try to apply because it was too difficult to do so. Like this story? Skip Navigation. Jennifer Liu. She didn't hear from an adjudicator until October, and then her claims were denied. She appealed the denial and is now waiting to hear the result, which could take five months or more, she said.
Ray-Ortega is one of thousands of Wisconsinites waiting on appeals, on a claim she believes should have been easily approved. It's just crazy. Currently, more than 65, claimants are waiting in the backlog for adjudication, adding up to nearly , weekly claims, according to department data. That number is down about 4, individual claims since the last data release, and after the announcement by interim director Amy Pechacek that the backlog will be cleared by the end of the year. But those numbers don't tell the whole story, said Victor Forberger, an unemployment appeals attorney.
The numbers given out weekly by the department don't include those who have had claims denied and are now waiting in another backlog to have their appeal heard. The department doesn't keep data on how many claims it denies, but a spokesperson said nearly 16, people are waiting on appeals currently.
Many of the denials are due to mistakes, Forberger said, because the questions claimants fill out when they apply can be confusing. It's frustrating to know the system was set up that way years ago and hasn't been addressed. In a few cases Forberger has been involved in, people have been denied claims based on tiny mistakes, and ended up winning their appeals when the claims were looked at in whole.
It took the claimants about nine months each before they were able to access their benefits, in the middle of an international pandemic. Forberger said he's concerned about what the appeals backlog will look like, too, if the department meets its goal of catching up with weekly claims by the end of the year.
Right now, with the number of appeals waiting, it will likely take about four months to finish them all. But with an influx of new appeals, that timeline is only extended. It's even worse than it was in August. Typically, an appeal takes a bit of time, said Kelsey Kerr, an attorney at Alan C. The process begins with the person who has been denied benefits filing for an appeal within a few weeks of their denial and then in four to six weeks, a hearing is held in front of an administrative law judge, she said.
Testimony is heard from both the employer and employee, as well as witnesses. After the hearing the judge will write out a ruling, which is sent by mail to the employer and employee.
At the hearing, you will be able to present any evidence you have that your claim should have been granted. The employer has the same right.
For example, if you think you earned enough to qualify for unemployment benefits but your employer misreported your earnings, you might bring in your wage stubs or copies of deposited paychecks to prove that you were paid more than the employer claimed. You may also be able to bring in witness testimony -- either by questioning witnesses in person or asking them to submit written statements.
This could be important if the reasons why you left your last job are in dispute. For example, if the unemployment agency found that you voluntarily quit, but you actually left because of ongoing sexual harassment, you might be able to present testimony from coworkers who witnessed the harassment or a note from your doctor indicating that your health was suffering because of the harassment. The person conducting the hearing will make a decision on your appeal.
If you win and are granted unemployment benefits, you are entitled to continue receiving the benefits, even if the employer appeals that decision at a higher level of review.
Basically, once you get a positive ruling, you are entitled to unemployment benefits until someone else rules differently. If you are denied unemployment benefits at the hearing, in some states, a second level of agency review is available.
This means that either you or the employer can appeal the original appeal decision within the state unemployment agency. Whether or not your state provides this second level of internal appeal, every state allows you to make an appeal to the state's court system.
Learn more about the unemployment appeals process in certain states. You can also contact your state unemployment insurance agency. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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