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Claimant's Guide to the Appeals Process
Table of Contents
Introduction
This pamphlet is mailed to a claimant whenever
an appeal has been filed from the decision of the Unemployment Compensation
Department regarding a claim for benefits. If you receive this pamphlet
in the mail, this means that you or your former employer have filed an
appeal. With this pamphlet you should also have received a
Notice of Hearing Before a Referee informing you of the time, date, and
place of the hearing. When you receive a determination with which
you disagree, you should file an appeal as soon as possible. Information
about filing an appeal is contained in the section "Steps
in the Appeals Process: The Who, What, When, Why and How" and
in A Guide to Unemployment Benefits in Connecticut, Your Rights and
Responsibilities, which is available at all CTWorks Career Centers.
Information in this pamphlet will help you understand
the unemployment compensation law, protect your rights, act in your own
best interests, and prepare and present your appeal in the most effective
manner. Please read this material carefully. If you have any questions,
you may contact the Call Center or the Appeals Division.
This pamphlet was written so that all claimants
would be able to understand the appeals process without the help of a lawyer.
In a few places we have used technical terms because those terms may be
used during the hearing, and you should become familiar with them. One
term that is used throughout this pamphlet is "the Administrator." The
Administrator is the State Labor Commissioner, who is in charge of the
Unemployment Compensation Department. The terms "Administrator" and "Unemployment
Compensation Department" mean the same thing in this pamphlet. The Appeals
Division is separate and independent from the Unemployment Compensation
Department and is not bound by any decision of the Administrator.
Appeals procedures are designed to carry out the
unemployment compensation statutes and regulations. This pamphlet summarizes
the law but does not have the force and effect of law. Copies of the statutes
and regulations of both the Unemployment Compensation Department and the
Appeals Division are available for inspection at all CTWorks Career
Centers and Appeals
Division offices. They are also accessible on the Internet.
At these offices you may also consult the Appeals Division's Precedent
Manual and electronic index
(ADLIB),
which
contain major court and Board of Review decisions interpreting the Unemployment
Compensation Act. Addresses, telephone numbers, and fax numbers of these
offices, the local phone numbers for the Call Centers, and the Appeals Division's Internet address, are
listed under
"Listing of Appeals Division Offices and
CTWorks Career Centers".
table of contents
Highlights
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Filing Your Appeal. You have only
twenty-one (21)
calendar
days
from the date of the Administrator's predetermination hearing decision
to file an appeal with the Appeals Division. Do not delay. Likewise,
you have only twenty-one (21) calendar days from the date of the Referee's decision
to file an appeal to the Board of Review. Do not delay filing your appeal
at either step. See "Steps in the Appeals Process:
The
Who, What, When, Why and How" and
"Appeal To
The Board Of Review" for additional information.
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How to File. Use the form available
at any CTWorks Career Center, write a letter containing the basis for your appeal
to the Appeals Division, or use the appeal form on the Internet at
http://www.ctdol.state.ct.us/appeals/apfrmnt.htm.
See "Steps in the Appeals Process: The Who, What, When,
Why and How" and "Appeal To The Board Of Review"
for additional information.
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File in Person, by Fax, by Internet, or By
U.S. Mail. You may file in person at any CTWorks Career Center or at any Appeals
Division office, or by fax or Internet. If you file by mail, use the U.S.
mail, or a private delivery service approved by the IRS: Airborne Express, DHL Worldwide Express, Federal Express, or United Parcel Service.
Use a stamp, not a private postal meter. The date of mailing can only be
determined by a U.S. Postal Service postmark. See "Steps
in the Appeals Process: The Who, What, When, Why and How" and
"Appeal
To The Board Of Review" for additional information.
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Preparing Your Case. Read the decision
you received to determine the points of law that pertain to your case and
what factors were used in reaching the decision. Determine what documentation
and witnesses you will need to present a strong case. Proper documentation
and credible, first-hand witnesses are vital to your success. See "Preparing
for the Hearing" and "What Goes on at the Hearing"
for additional information.
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Documentation. Records such as time
cards, financial records, written warnings, employee handbooks, contract
of hire, application for employment, medical records, police reports, and
other agency reports (CHRO, Workers' Comp, rehabilitation reports, etc.)
are examples of useful documentation. Bring two copies that you can enter
into the record. If you need access to your personnel file, give your employer
a written request at once. See
"Preparing for the Hearing"
for additional information.
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Witnesses. Witnesses with
first-hand, personal knowledge of the circumstances leading to the separation
are vital to your case. Have those witnesses attend the Referee's hearing.
Written
statements by witnesses, even with first-hand knowledge,
will be
given little, if any, weight because the author is not available for
cross-examination. See "What Goes on at the Hearing"
for additional information.
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Attendance at Scheduled Hearings.
If
you file an appeal and do not show up at the hearing, you will probably
lose the case. You may be able to get another hearing but only if you
can show good cause for not appearing, such as sudden, documented illness
or a personal emergency. Overslept, on a job interview, unexpected appointment,
forgot, someone did not remind you, lost the hearing notice, and similar
excuses are not good reasons. The Referee's hearing will likely be your
only opportunity for a hearing to present witnesses and documentation in
support of your case. The Board of Review rarely conducts hearings. See
"Once
an Appeal is Filed" for additional information.
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Requesting a Postponement. Ask for
a postponement as soon as possible if you have an unavoidable conflict.
Last minute requests are generally denied unless you have a real emergency,
as described above. See "Once an Appeal is Filed"
for additional information.
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Representation You may bring legal
or other professional representation to the hearing if you wish. However,
witnesses with first-hand knowledge are still vital to the success of your
appeal. Please read the above section about WITNESSES again. A list of
free legal services is provided
in the section "Free Legal Services". You may also
request a list of independent hearing representatives by completing the web form
at
http://www.ctdol.state.ct.us/appeals/HearingReps.htm See "General
Information", "Preparing for the Hearing" for
additional information.
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Free Video A video describing the hearing
process is available for viewing on this web site at
http://www.ctdol.state.ct.us/appeals/VideoIntro.htm. See "General
Information" for additional information.
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General
Information Q. Do I need a lawyer?
A. Usually not. By carefully following the instructions
in this pamphlet, an unrepresented claimant should be able to gather the
necessary evidence. The Referee will assist you in presenting your case
at the hearing. However, you have the right to be represented by an attorney
or other representative of your choice. Free or reduced-cost legal representation
may be available to qualified claimants. A list of free legal services
is provided in the section
"Free Legal Services". You may also
request a list of independent hearing representatives by completing the web form
at
http://www.ctdol.state.ct.us/appeals/HearingReps.htm If you hire a representative, you are responsible for paying your
representative's
fee, but you may ask the Appeals Division to determine the amount of the
fee that can be charged.
If you have other legal disputes with your employer,
such as arbitration, workers' compensation, or discrimination cases, and
are represented in those disputes, you should tell your attorney or representative
about your unemployment claim. Although an unemployment compensation decision
cannot be used against you in any other case, what happens in your unemployment
appeal may affect other disputes with your employer.
Q. What if I start working part-time?
A. Contact the Call Center at once. You may be
eligible for partial benefits. Some of your earnings will be deducted from
your benefits for the weeks during which you work. Indicate the hours you
worked and the amount you earned (before deductions) for the claim for
the week in which you did the work. You should report any work or wages
immediately.
If you worked, do not wait until you receive payment to report it.
Earnings
will be verified with the employer.
Q. What if my employer tries to prevent
me from filing or continuing with my claim or appeal?
A. No one has the right to interfere with your
claim for benefits, and you should not listen to anyone who tries to talk
you out of filing a claim or appeal. Only the Unemployment Compensation
Department or the Appeals Division can tell you if your claim is valid.
The law protects any employee who files a claim
for benefits or who testifies as a witness from retaliation by an employer.
If you or one of your witnesses are disciplined or discriminated against
by an employer because of participation in an unemployment compensation
proceeding, you should file a complaint with the Labor Commissioner.
Q. Can I agree to give up my right to benefits?
A. No. The law prohibits your employer from asking
you to give up your benefits. If you made such an agreement, it is void
and you are not bound by it.
Q. Where can I get more information?
A. From the Appeals Division or your local CTWorks Career
Center in person, by mail, or by phone at the Call Center between 8:30 A.M. and 4:30 P.M.,
Monday through Friday. Every effort will be made to answer any questions
you may have and take appropriate action on your claim or appeal.
You can also visit us on the Internet at http://www.ctboard.org.
In addition to general information, this site contains the Online Hearing
Docket;
ADLIB, an electronic index of Board of Review decisions; a form for filing
an appeal; the video describing the hearing process; and the unemployment compensation statutes and regulations.
The Appeals Division has a twenty-minute
video explaining the appeals process and showing you what goes on at the
Referee's hearing. The video is available for viewing on this web site at
http://www.ctdol.state.ct.us/appeals/VideoIntro.htm If you are unable
to view the video from the web site, you may request that a copy be mailed to
you. For a copy of the video, call the Appeals Division
office nearest you or fill out the form on our Internet site. You may also
view this video, by prior arrangement, at any Appeals Division office.
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FOR A FREE VIDEO
SHOWING WHAT AN APPEAL HEARING IS LIKE, CALL ANY APPEALS DIVISION OFFICE
OR FILL OUT THE
FORM ON OUR INTERNET SITE. |
table of contents
Steps
in the Appeals Process: The Who, What, When, Why and
How
Q. Who can file an appeal?
A. You or any of your former employers who are
affected by a decision of the Administrator can appeal from the denial
or the award of benefits.
Q. What can be appealed?
A. Any determination of the Administrator can
be appealed to an Appeals Referee. Whenever you receive any decision with
which you disagree, you should file an appeal at once.
Q. What if an appeal is late?
A. It may be dismissed, in which case the
Administrator's
decision will be unchanged. If you wish to appeal, do so as soon as possible.
Appeals can be filed in person, by mail, by fax, or by Internet at any
CTWorks Career
Center or Appeals Division office. Do not wait for information, documents
or your next appointment with the Job Center. You can obtain whatever information
you need while the appeal is being processed. If your appeal is late, you
must indicate why you did not file your appeal on time. If it is determined
that you had good cause for filing a late appeal, the Referee will be able
to hear your case.
An appeal filed by mail must be postmarked (by
the United States Postal Service. If you use a private delivery service,
it must be one approved by the IRS: Airborne Express, DHL Worldwide
Express, Federal Express, or United Parcel Service.) or received within
twenty-one (21) calendar days of the date the decision denying benefits
was mailed to you. If you file by fax or by Internet, your appeal must
be received by the Department of Labor by 11:59 p.m. on the twenty-first
day. Fax numbers and the Board's Internet address are listed under
"Listing
of Appeals Division offices and CTWorks Career Centers."
Q. Why can my former employer appeal if
my claim is approved?
A. Because the Unemployment Compensation program
is paid for by a tax on employers, not employees. Unemployment claims affect
the amount the employer must pay into the Unemployment Compensation fund.
Employees pay nothing into the fund. In fact, the law forbids employers
to make payroll deductions for unemployment benefits.
Q. What if I am not claiming benefits against
that employer?
A. You have no choice about which employer is
charged for your claim. This is determined by law. Your separation from
any employer within the applicable period may affect your eligibility for
benefits or the unemployment tax rate of that employer.
Q. What if the reason for denial no longer
exists?
A. Call the Center and request
an interview if you believe circumstances have changed. Denials on some
issues like availability for work or reasonable efforts to find work apply
only while the reason for denial continues. Even if an appeal has been
filed, the Administrator can reopen or approve your claim if you meet the
requirements of the law in future weeks. You will receive benefits for
any weeks for which you qualify.
Q. What if I get another decision from the
Administrator denying benefits for a different reason or period of time?
A. You must file another appeal unless the new
decision specifically tells you not to. Your first appeal covers only the
claims involved in the Administrator's original decision. If you are in
doubt, file the appeal. Failure to file an appeal within twenty-one (21) days
will cause the decision to become final and binding on you.
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Once an
Appeal is Filed Q. What happens once an appeal is filed?
A. It will be forwarded to the appropriate office
of the Appeals Division so that a hearing before an Appeals Referee may
be scheduled.
Q. Can an appeal be withdrawn?
A. Yes. A claimant or employer who files an appeal
may withdraw it at any time before the Referee's decision is issued. You
should withdraw your appeal only if you decide that the Administrator's
initial decision is correct.
Q. How will I be notified of the hearing?
A. A Notice of Hearing will be mailed to you,
any employers involved, and the Unemployment Compensation Department indicating
the time, date, place, and the issues to be covered.
Attached to the Notice of Hearing may be relevant
documents, such as the employer's fact finding statement or appeal, if
these documents were not previously provided to you. Read these documents
carefully. They will help you to prepare for the hearing. Start preparing
for your case as soon as you become aware that an appeal has been filed.
The Appeals Division's Internet site contains
an Online Hearing Docket that list all hearings within twenty-four hours
of their being scheduled. If you lose your hearing notice or want
the quickest possible notice of when your appeal is scheduled, you should
check this site.
Q. What should I do if I cannot attend the
hearing?
A. Notify the Appeals Division immediately
to request a postponement. The telephone number of the Appeals Division
office is printed at the top of the Notice of Hearing. Postponements are
granted
only for very good reasons. If you or a key witness
are unable to attend for any reason, make sure that you notify the Appeals
Division as soon as possible before the hearing to see if any other arrangements
are possible.
Q. What happens if one of the parties doesn't
attend the hearing?
A. If the party that appealed does not attend,
the appeal will probably be dismissed and the Administrator's decision
will stay the same. If the employer appealed and you fail to attend the
hearing, the Referee's decision may be based solely on the employer's testimony.
If
the Referee rules in favor of the employer, you may have to repay all unemployment
compensation benefits which you have received. Therefore, you must
attend the hearing unless a postponement is granted.
Q. What if I have a speech, hearing or language
problem?
A. Notify the Appeals Division, and everything possible
will be done to provide assistance. If you need an interpreter, the Appeals
Division will provide one for you.
Q. Should I withdraw my appeal if I go back
to work?
A. No. If you go back to work, you may still be
entitled to benefits for the period of unemployment. Hearings are held
during normal business hours. However, every effort will be made to schedule
a hearing that will minimize the amount of time you have to take off from
your new employment. It may also be possible for you to participate by
phone. Contact the Referee at once if your work schedule conflicts with
the hearing.
Q. Do I have to attend if the hearing only
concerns my former employer's chargeability?
A. It is important that you attend the hearing
even though your benefits won't be affected. If you returned to work after
your separation from your former employer and earned ten times your weekly
benefit rate before filing your claim for benefits, you cannot be disqualified
regardless of the reason for your separation. Nothing that happens at the
Referee's hearing will affect your benefits if the Notice of Hearing is
marked "chargeability only." However, without your testimony, the Referee
may not be able to learn the whole truth and make a fair decision about
whether your employer should be charged for your benefits.
Q. What if I move?
A. Notify the Appeals Division and the Call Center. If you move out of state, arrangements can be made for a telephone
hearing. (The Appeals Division has a separate flyer describing the procedures
followed in telephone hearings.)
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Preparing
for the Hearing
Q. How should I prepare for the hearing?
A. Start immediately to gather any papers that
relate to the issue such as correspondence from your employer, union contracts,
warning notices or medical statements. Also, be certain that any witnesses
who have direct knowledge of the events in question are available to attend
the hearing.
If you plan to get representation, do so as soon
as possible so that your representative will have time to prepare. Notify
the Appeals Division of the name and address of your representative so
that he or she will be informed of hearings or other proceedings. You must
decide before the hearing whether you need representation. You will not
be given a new hearing just because you later decide that you should have
been represented.
It is your responsibility to present evidence
and testimony to prove your case. The Referee will not investigate or contact
witnesses for you. He or she will act on the basis of information
in the file and evidence and testimony presented at the hearing. The Referee
will not usually be able to consider evidence provided after the hearing.
The hearing before the Referee is the only
chance that you will have to tell your story. Be prepared to tell the Referee
everything you think is important and to present all witnesses and evidence
at the hearing. The Referee will limit the testimony to issues that
are relevant to the case. You will not be allowed another hearing
to present evidence which you failed to offer the first time unless you
had good cause for your failure.
Q. What if I need to subpoena a witness?
A. If you have an attorney, that person should
issue any necessary subpoenas. If not, notify the Appeals Division immediately.
The Referee will determine whether a subpoena is necessary and, if so,
arrange for it to be served.
Q. What kind of doctor's statement might
I need?
A. If your medical condition is an issue in the
case (for example, if you quit because the job was affecting your health
or you were fired because you were out sick), you should have your doctor
prepare as detailed a statement as possible. You should ask the doctor
to include the following information, if relevant:
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your medical history for the year prior to your separation
and the dates on which you consulted the doctor;
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the condition(s) for which you were treated;
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any medications prescribed;
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the conditions on the job as your doctor understood
them and how those conditions affected your health;
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any restrictions on employment caused by your condition,
and
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the basis for any advice by your doctor that you
leave your job.
Q. Can I obtain my personnel file from my employer?
A. Yes. State law gives you the right to review
and copy your entire personnel file, including medical records, for at
least one year after your separation. In order to trigger the employer's
obligation to provide you access to your file pursuant to Section 31-128b
of the General Statutes, you should deliver a written
request to your employer immediately. If you have difficulty getting access
to your file before the Referee's hearing, call the Appeals Division office
whose number appears at the top of the hearing notice.
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THE REFEREE'S HEARING
IS YOUR ONLY CHANCE TO TELL YOUR STORY. MAKE SURE THAT YOU PRESENT ALL
THE WITNESSES AND EVIDENCE YOU NEED TO WIN. YOU ARE NOT LIKELY TO BE GIVEN
ANOTHER HEARING.
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table of contents
What Goes
on at the Hearing Q. How will the hearing be conducted?
A. Hearings are informal. The Referee explains
the procedure and reads into the record the relevant information already
on file. This may include the fact finding report and all other documents
from the first hearing at the CTWorks Career
Center. You are not bound by the statements
in the fact finding report and will be given an opportunity to present
your version of the facts fully. However, if your testimony differs from
your fact finding statement, you should be prepared to explain why. All
parties and witnesses must testify under oath.
Proper decorum is expected. The Appeals
Division has zero tolerance for workplace violence. Threatening language
or actions toward staff or customers are not tolerated. Weapons are
banned from all Department of Labor buildings.
Q. How can I prove my case?
A. Present the best evidence possible, including
your own description of events and circumstances, any documents concerning
the issue, and any witnesses who observed or were directly involved in
what happened.
If you left work voluntarily, it is your responsibility
to prove that you left for good cause attributable to your employer, or
another reason permitted by the statute. Also, at any time, you may be
required to establish that you are able to work, available for work, and
making reasonable efforts to find work. Be prepared to establish your efforts
to find work, including names and addresses of employers contacted and
the dates. The question is whether you made the effort, regardless of whether
the employer accepted a written application. You are expected to look for
work in such a way as to become reemployed as soon as possible, using the
accepted and customary methods of obtaining the type of work you are seeking.
Be sure you know all the elements that you
must establish in order to prove your case, and be prepared to offer testimony
and evidence on each element.
Q. Who else will be at the hearing?
A. Your former employer may send a representative
and the Administrator may also be represented. Although the hearing will
be open to the public, and anyone who is interested may attend, usually
only the parties are present. If you believe that the hearing will involve
sensitive matters which would constitute an invasion of your privacy, you
can ask the Referee to close the hearing to the public.
Q. How will I know what to tell the Referee?
A. The Referee will ask questions designed to
obtain the necessary information. Listen carefully to the questions, and
answer as directly and plainly as you can. Give complete and accurate information,
but do not ramble or bring in unrelated information. You will be permitted
to question the other parties and witnesses. Before the end of the hearing,
the Referee will give you an opportunity to add anything you feel is important
and make a closing statement.
Q. What if I forget to bring something or
need to obtain more evidence?
A. You should ask the Referee to continue the
hearing so that you can get whatever is needed. The Referee will grant
your request only if the information is relevant and you have a
good reason for not bringing it with you. The Referee will consider only
information, evidence, and testimony presented prior to or at the hearing.
You
will not be allowed to introduce additional evidence once the hearing is
over unless the Referee has agreed to keep the record open.
Q. May I send information to the Referee
before the hearing?
A. Yes. Any information sent will be made part
of the record. If you send information, be sure to give your name, case
number, and social security number to identify the material so that it
can be placed in your file. You should also mail a copy of any such material
to the employer and the Administrator. Remember, however, that documentary
evidence submitted to the Referee before the hearing is not a substitute
for live, first-hand testimony.
Q. May I speak to the Referee before the
hearing?
A. The Referee generally will have no contact
with you or any party outside of the hearing. Other members of the Appeals
Division staff will advise or assist you with procedural matters.
Q. When should I arrive for the hearing?
A. Plan to arrive at least ten minutes early.
If you wish to review the case file, you should make arrangements to do
so before the day of the hearing. In some cases it may be possible to review
the file on the day of the hearing, but you must confirm this with the
Appeals Division. The case file contains statements made by you and any
employers involved, copies of the Administrator's determination and the
appeal statements, and any other documents submitted by any party to the
appeal. This information may help you prepare for the hearing.
Q. What record will be made of the hearing?
A. The hearing will be recorded, which will be the official record of the proceeding. Make every effort
to speak clearly enough to be heard and understood. Do not interrupt when
others are speaking. Do not attempt to speak to the Referee "off the record."
The Referee is required to record the entire proceeding. You may obtain
a copy of the recording by contacting the Appeals Division after the hearing.
Q. Are the rules the same as in court?
A. No. The rules of evidence do not apply. The
law allows the Referee to question the parties and review written or printed
records to ensure justice for all interested parties.
Hearsay testimony, that is, repetition of statements
made by persons who are not present at the hearing, may be acceptable.
However, direct testimony from such persons is considered better evidence.
If your employer offers direct testimony on an issue and you reply with
only hearsay evidence, the Referee will probably give greater weight to
the testimony of the employer. Whenever possible, bring to the hearing
the persons who witnessed or who have first-hand knowledge of the events
in question.
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BE ON TIME FOR
YOUR HEARING. IF YOU ABSOLUTELY CAN'T ATTEND, CALL AT ONCE TO REQUEST
A POSTPONEMENT. IF YOU DON'T ATTEND THE HEARING, YOU ARE LIKELY TO
LOSE.
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table of contents
The Referee's
Decision Q. What will the Referee's decision be based
on?
A. Only information admitted into the record by
the Referee is used to decide the case. It is your responsibility to present
this information. The Referee will not investigate or contact witnesses.
The statutes, regulations, and decisions of the Board of Review and the
courts guide the Referee in deciding the issues.
Q. How will I be informed of the decision?
A. The Referee will mail a written decision to
you, your representative, and other interested parties and their agents,
including the Unemployment Compensation Department, as soon as possible.
The
decision will explain your right of appeal if you are dissatisfied with
the decision.
Q. If the decision is in my favor, will
the checks come with it?
A. No. Any benefits payable will be sent to you
by the Unemployment Compensation Department shortly after the decision
is issued. The Appeals Division does not process payments. Any questions
about checks should be directed to the call Center.
Q. Is my financial need a factor in the
decision?
A. No. Financial need has nothing to do with it.
The Unemployment Compensation Act is an insurance program designed to pay
benefits to people who are unemployed through no fault of their own and
who are actively seeking work.
Q. Should I continue filing claims while
awaiting a decision?
A. Yes, as long as you are unemployed and available
for work. If a decision is made in your favor, you will receive compensation
only
for those weeks for which you have filed claims.
Q. If my claim is reopened, should I still
pursue my appeal?
A. Yes. If you win the appeal, you will receive
benefits for the weeks before your claim was reopened.
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Effect of
an Appeal on the Claimant
Q. Will an appeal affect the payment of
benefits?
A. If a decision by the Administrator or the Referee
awards benefits, you will receive payments even though a further appeal
is pending. If the final decision is not in your favor, you may have to
pay back the benefits you received.
Q. What if my former employer appeals and
the decision is made in its favor?
A. If you do not appeal that decision within twenty-one
(21) calendar
days, it will become final and you will be asked to
pay back the benefits you received.
Q. How will I have to pay back the benefits?
A. The law provides several options for repayment:
a repayment schedule; offset from present or future benefits; or waiver
of the overpayment. After the Referee's decision becomes final, the Administrator
will advise you of the amount of the overpayment and the various methods
of repayment. If the overpayment is not waived and recoupment from future
benefits is not sufficient to repay the overpayment, the Administrator
will insist upon a repayment schedule. If you fail to comply with the repayment
schedule, the Administrator may attach your wages when you go back to work.
Q. Can I appeal from the Administrator's
determination about repayment?
A. Yes. You may appeal this determination, but
only the amount of overpayment and the method of repayment will be considered.
You will not have another opportunity to appeal the decision of ineligibility
which created the overpayment. Therefore, it is critical that you appeal
the first decision you receive which says that you are ineligible for benefits.
table of contents
Appeal
to the Board of Review
Q. What can I do if the decision is not
in my favor?
A. If you disagree with the Referee's decision,
you can appeal to the Employment Security Board of Review. If you have
new or additional information, you can write to the Referee and ask to
have the case reopened.
Usually, a motion to reopen will be granted only
if you give a good reason why you did not present the information the first
time. If you did not attend the Referee's hearing, the case will not be
reopened unless you prove to the Referee that you had good reason for not
attending. If the case is reopened, another hearing may be held, if needed.
A new decision will be issued, which can also be appealed.
Q. How do I file an appeal from the Referee's
decision?
A. The Referee's decision explains how to appeal
or request a reopening of the case. If your appeal or motion to reopen
is filed by mail, it must be postmarked (by the United States Postal Service.
If you use a private delivery service, it must be approved by the IRS:
Airborne Express, DHL Worldwide Express, Federal Express, or United Parcel
Service.) or received within twenty-one (21) calendar days of the
mailing date of the decision. If the offices of the Unemployment Compensation
Department and Appeals Division are closed on the twenty-first day, you
will have until the next business day to file your appeal.
You may also file your appeal or motion in person,
by fax, or by Internet.
Be sure to read any decision or letter promptly,
and do not delay filing your appeal. If your appeal is late, you must indicate
why. If you had good cause for filing a late appeal, the Board of Review
will be able to decide your case. If you have questions, contact your local
CTWorks Career
Center, the Call Center, or the Appeals Division.
Q. How will the Board of Review handle the
appeal?
A. The Board of Review will acknowledge your appeal
and provide an opportunity for you to submit a written statement in support
of your case. It is important that you tell the Board every reason why
you think the Referee's decision was wrong. The Board will then review
all the material in the case file and listen to the recording of the
hearing before the Referee. A decision will be issued which will affirm
(agree with), reverse, or modify the Referee's decision. If the Board feels
that further information is needed, the case may be remanded (sent back)
to the Referee for a new hearing or to the Administrator for further investigation
and a new determination. If you are not satisfied with the Board's decision,
you have thirty (30) calendar days to file a motion to reopen with the Board
or a further appeal to the Superior Court. The Board's decision explains
how to do this.
Q. If I appeal to the Board of Review, will
I have another hearing?
A. Probably not, which is why you should say everything
you feel is important at the Referee's hearing. Give specific facts. Failure
to raise issues at the Referee's hearing will nearly always prevent consideration
of them at higher levels.
Q. Can anyone else appeal or request reopening?
A. Yes. Any employer affected by the decision
and the Administrator have the right to appeal decisions of the Referee
or the Board of Review if they are adversely affected by the decision.
|
IF YOU HAVE A GOOD
CASE, IT PAYS TO APPEAL. WHEN CLAIMANTS APPEAL TO THE REFEREE
AND SHOW UP AT THE
HEARING, THEY WIN ABOUT 35% OF THE TIME.
|
table of contents
Free Legal
Services
The following organizations may be able to provide
free advice or legal representation. If they are unable to assist you directly,
they may be able to refer you to an attorney who will provide services
at a reduced cost.
In addition New Haven Legal Assistance Association
conducts a free clinic, the first Thursday of each month, on how to represent
yourself at an unemployment compensation appeal hearing.
Click here for additional information
on the free clinic.
LEGAL SERVICES ORGANIZATIONS
|
Statewide Legal Services (SLS)
425 Main Street
Middletown, CT 06457
(860) 344-0380
1-800-453-3320
Statewide Legal Services (SLS) is the point of
entry to the legal services system for the entire state. If you are
unable to contact SLS, you may wish to contact one of the regional offices
listed below. |
|
Conn. Legal Services
211 State Street
Bridgeport, CT 06604
(203) 336-3851
(800) 809-4434 |
Conn. Legal Services
16 Main Street, 2nd Floor
New Britain, CT 06051
(860) 225-8678
(800) 233-7619 |
Conn. Legal Services
153 Williams Street
New London, CT 06320
(860) 447-0323
(800) 413-7798 |
|
Conn. Legal Services
20 Summer Street
Stamford, CT 06901
(203) 348-9216
(800) 541-8909 |
Conn. Legal Services
85 Central Avenue
Waterbury, CT 06722
(203) 756-8074
(800) 413-7797 |
Conn. Legal Services
872 Main Street
P.O. Box 258
Willimantic, CT 06226
(860) 456-1761
(800) 413-7796 |
|
Greater Hartford Legal Aid
999
Asylum Ave.
3rd Floor
Hartford, CT 06105
(860) 541-5000 |
New Haven Legal Assistance
Association
426 State Street
New Haven, CT 06510
(203) 946-4811
|
|
|
LABOR ORGANIZATIONS
|
John J. Driscoll United
Labor Agency
Hartford Community Services Office
22 Orange Street
Hartford, CT
06106 (860) 727-9301 |
John J. Driscoll United
Labor Agency
Waterbury Community Services Office
30 West Main Street,
2ND Floor
Waterbury, CT 06702
(203) 755-8745 |
|
LAW SCHOOLS
|
Yale Legal Services
Yale Law School P.O.
Box 209090
New Haven, CT 06520-9090
(203) 432-4800 |
Connecticut Unemployment Action Center
UCONN Law School
55 Elizabeth Street
Hartford, CT 06105
(860) 570-5305 |
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table of contents
Appeals
Division Offices, CTWorks Career Centers, and Call Centers
Appeals Division On Line
Internet Web Site: http://www.ctboard.org
REFEREES
-
BRIDGEPORT/INTERSTATE
350 Fairfield Ave., 6th Fl., Suite 601, 06604 Telephone:
(203)
579-6271 Fax: (203) 455-2750
-
MIDDLETOWN (Hartford area) 645 South Main St. Telephone: (860)
566-5262 Fax: (860)
754-5059
-
MIDDLETOWN (Hamden area) 645 South Main St. Telephone: (203)
230-3700 Fax: (860)
754-5059
-
MIDDLETOWN (Norwich area) 645 South Main St. Telephone: (860)
892-2253 Fax: (860)
754-5059
-
WATERBURY
249 Thomaston Ave. 06702 Telephone:
(203)
596-4138 Fax: (203) 437-3440
CHIEF REFEREE
CTWorks Career Centers
Call Centers table of contents |