Oklahoma Unemployment Insurance Decision and Appeals Process

Uploaded by OESCVIDEO on 01.12.2010


This video brought to you by the
Oklahoma Employment Security Commission explains the reasons why your
Unemployment Benefits Claim may be disqualified and
how you can attempt to resolve the situation.
When you file for Unemployment Insurance Benefits
and there is an issue that may affect payment,
you will receive a non-monetary determination document.
It will contain a brief description of the facts
surrounding the issue,
the results of the decision and appeal rights and
instructions on how to file an appeal,
if you or your former employer disagrees with the decision.
Non-monetary determinations are completed any time
the reason for separation from your last job is due to
any reason other than a lack of work.
They are also completed based on non-separation
issues including, but not limited to: being able to work,
receipt of deductible income and failure to
attend required activities.
First, let's define an issue as it applies to our topic.
An issue is an act or circumstance that by virtue of state
law is potentially disqualifying.
Issues come in two types, separation and non-separation,
as explained earlier.
Now, let's answer some common questions about issues.
First, how will an issue affect payment?
No payments will be made if an issue is pending or if the
issue results in a denial of benefits.
Our next question is:
How long does it take to resolve an issue?
Issues are typically resolved with in
4 weeks from the date the issue is discovered.
You will be mailed a copy of any determination
completed on your claim.
Please remember to notify OESC immediately if you
change your address or telephone number.
If we need to reach you regarding your claim and do not
have the correct contact information, benefits may be delayed.
We attempt to gather as much information as possible by
telephone but in some cases we will mail requests for
information to you.
The telephone and mailed requests are time sensitive
that's why keeping your contact information current
is so necessary to prevent benefit payment delays.
Contact the OESC service center at 1-800-555-1554 or
call 525-1500 if you are in the Oklahoma City calling area to
update your information as needed.
Next up, Should I continue to file weekly continued
claims while my issue is pending?
The answer is yes.
While the issue is pending
you will need to file the weekly continued claims.
If you are allowed benefits but you have not filed
weekly continued claims, you will receive no payment.
When the determination is issued allowing
benefits and you have filed weekly continued claims,
payments will be issued for any weeks in which you have
met all eligibility requirements.
What happens if I am allowed benefits?
Provided you have filed weekly continued claims
during the investigation period,
once the determination is issued and you are allowed benefits,
payments will be issued for any weeks for which you have
met all eligibility requirements.
If you do not file your weekly continued claim
during the investigation period,
you will not be entitled to benefits for those weeks,
if you are allowed at a later date.
How will my payments arrive if I am allowed benefits?
There are two payment options--
Direct Deposit and Debit Card.
Please watch our video titled
APPLYING FOR UI BENEFITS for details on both options.
What if I receive one allowed and one denied determination?
There may be times when there is more than one issue on a claim.
You will receive a separate determination for each issue.
A denial will always override an allowance of benefits.
However, if the denial is for only a certain time period,
benefits could begin after that time period has passed.
You may be required to reopen your claim after the denial period.
How will I recognize a non-monetary determination?
The determination will be mailed to you from the
Oklahoma Employment Security Commission at this return
address: PO Box 52003, Oklahoma City, OK, 73152-2003.
This document is an example of a determination
allowing benefits to an individual who
was discharged from his last job.
It was determined that misconduct was not the cause for
discharge from the job.
What happens if I am denied?
Appeal rights will be printed on the non-monetary
determination document.
An appeal is a request for a hearing to be held
by a hearing officer or examiner on a state agency's determination.
Appeals can be filed by you, your last employer,
or in some cases, by the Oklahoma Employment Security Commission.
Any time OESC issues a determination the
injured party has the right to appeal.
This means that if you are denied benefits,
you have the right to appeal.
If you are allowed benefits the employer has the
right to appeal, provided they are considered an
interested party to the decision denying you benefits.
How do I file an appeal?
Appeals can be filed by mail.
Send your appeal to
UI Mail Support, P.O. Box 52006, Oklahoma City, OK, 73152-2006,
by email: ui.appeals@oesc.stat e.ok.us
by fax at (405) 962-7524,
by telephone in the Oklahoma City area at 525.1500
or statewide by calling 1-800-555-1554.
You may experience long wait times when filing by phone.
You may also file an appeal in person.
Please call 1-888-980-9675 for the office nearest you.
You may fax your appeal from any Workforce Office.
Contact information is also listed on the Notice of Determination.
How long do I have to file an appeal?
The Notice of Determination also specifies the
time limit for the appeal.
Pay close attention to the time limit.
On this Notice, it is listed as 10 days from the mailing
date of the determination.
If you are late filing your appeal without good cause
for being late, the appeal will not be heard regardless of
the merit of your appeal.
What if I receive a determination on more than one issue?
To make your appeal clear it is best to give a brief
explanation regarding the reason for your appeal.
If you are denied on more than one issue,
be sure you appeal all of them.
You may receive an allowed determination and a
denied determination;
you would need to appeal the denial.
What should I expect after I file my appeal?
You may expect to hear from the Appeal Tribunal within
seven to ten days acknowledging that your appeal has been filed.
The hearing will be set as soon as possible, and the
Appeal Tribunal will send a notice to
the last address you have supplied to OESC.
That is why it is so crucial to keep your mailing address
current with OESC.
The hearing notice will also include information on how
to prepare for your hearing and the documentation
related to the appeal.
You may submit additional evidence to the Appeal
Tribunal, but you must do so in time for that evidence to
be sent to and received by the other party.
Once you have filed an appeal, you should send any
evidence you would like to have considered directly
to the Appeal Tribunal.
Next, The Appeal Tribunal will conduct a hearing of
your initial appeal.
This hearing requires your attendance.
Most hearings are conducted over the telephone.
You will be given a date and time to call in for your hearing.
You will need to be located at a telephone
that can receive incoming calls.
You will receive a decision by the Appeal Tribunal;
the hearing officer will explain further at the time of hearing.
Remember, your employer may also have the right to
appeal a non-monetary determination.
You will be notified of any employer appeal to a
determination that has allowed you benefits.
Be sure to attend this hearing.
What if I am not satisfied with the Appeal Tribunal decision?
You may appeal the Appeal Tribunal decision
to the Board of Review.
Instructions for filing an appeal to the Board of Review
can be found on the Appeal Tribunal Decision.
The Board of Review rarely conducts hearings;
instead it will usually review the record made
at the Appeal Tribunal hearing.
If you are not satisfied with the Board of Review decision,
your next step will be to file an appeal to District Court.
You should read the information on the
Board of Review's decision to assure that you file your
appeal in the right place.
You should never be charged any fee or court cost for
appealing a decision regarding
Unemployment Insurance benefits unless a court finds that such an appeal
was instituted or continued without reasonable grounds.
How do I decide whether to appeal
a Monetary Determination?
When you file your claim you will be mailed a monetary
This determination will reflect wages earned
by you during the base period.
If your wages are not correct,
contact your Unemployment Service Center to file a wage objection.
Make sure you contact the center before you file to
appeal a monetary determination to see if
wages should be requested.
Remember, there are limits to the amount of benefits
you are entitled to receive.
If you are entitled to the maximum benefit amount,
there is no reason to appeal the determination.
Should I file weekly continued claims
during the appeals process?
Yes, you must continue to file weekly continued
claims for benefits throughout the appeal process,
unless you have returned to work.
If the original determination is reversed in your
favor and you have not filed the weekly continued claims,
those weeks will not be paid.
If you have filed the weekly continued claims and the
determination is reversed you will be paid for the weeks
you have filed, provided there are no other
disqualifications on your claim.
Please view our other videos for more information
about Unemployment Insurance Benefits.
OESC is here to help.