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    Benefit Appeals

    You'll find info on how to request a change from an in-person to a telephone hearing, schedule appeal hearings, and get details on unemployment compensation (UC) appeals, representation options, and filing a wage protest.

     

    Learn about the three levels of UC benefits eligibility appeals and get instructions for initiating a wage protest.

     

    Wage protest for unemployment insurance benefits

    Does your unemployment claim have missing wages? Is it missing an employer? You have the right to file a wage protest.

    A wage protest allows you to dispute missing wages or incorrect financial determinations related to your unemployment benefits. It must be done no later than 21 calendar days after the mail date provided on the determination.

    A wage protest allows us to review your info and update it, without a Referee hearing or a formal appeal.

    After our review is complete, the wage protest is closed. We might issue a revised finanical determination. Even if we don't make any revisions, we will give you a new financial determination with an explanation of what we found. 

    How to file a wage protest:

    • Log in to your UC dashboard at www.benefits.uc.pa.gov and navigate to the Unemployment Services widget.
    • Click “More Unemployment Services” and then “File a Wage Protest.” Follow the prompts provided.
    • Be sure to upload proof of earnings such as W2s and pay stubs for the relevant period.

    If you disagree with the results of the wage protect, you have another 21-day period in which you can file an appeal. 

    Right to appeal an unemployment decision

    The Department of Labor & Industry must quickly review every request for unemployment benefits. They must see if each request is valid.

    Every person can also appeal an unemployment decision. They have this right by law. 

    As a claimant or employer, you can appeal to a UC Referee or the UC Board. You have the choice to represent yourself or hire an attorney. Also, those who qualify can get free legal help. They can get it from local legal services, a bar association, or a law school clinic.

    The 3 Levels of UC benefits eligibility appeals

    1. UC service center determination

    You can appeal a UC Service Center decision to a Referee. You must do this within 21 days of the decision date on the notice.

    Appeal a UC Service Center Determination to a UC Referee

    2. UC referee decision

    You may appeal a Referee decision to theUC Board of Review. You must do this within 21 calendar days after the determination date on the notice.

    Appeal a Referee Decision to the UC Board of Review

    3. UC board of review decision

    You may appeal a UC Board of Review decision to the Commonwealth Court. You must do so within 30 days of the mailing date of the Board decision.

    Appeal a UC Board of Review Decision to the Commonwealth Court

    Important information for scheduling UC hearing

    Parties with in-person hearings may request a change to a telephone hearing. But, such a change will likely require rescheduling and cause a delay. Parties must provide a good reason for the request.

    Please submit all requests in writing before the hearing. Include reasons for the request. The Appeals Referee will then decide to approve or deny it. Always plan to attend the original hearing date. Only change or continuance notifications from the referee's office should alter your plans.

    The UC Referee Offices are scheduling appeal hearings via telephone. However, parties can request to attend in person. Those set for a phone hearing but wish to be there in person should tell the office beforehand.

    The parties (the claimant, employer, and Department) will get notices for phone hearings and their exhibits. They will go by their chosen method in the UC System. The options are the US Postal Service, Email, and/or the Message Center.

    Parties can view hearing exhibits online in the UC System. For in-person hearings, they can also check them in the referee's office before the hearing.

    Unemployment benefit appeals FAQs

    Have questions about unemployment benefit appeals? Find more information here.

    If you don't agree with a decision made by the UC Service Center or an Appeals Referee, you can ask for another review. You can send a letter or a form by mail to the address on the decision, or fax your appeal to the number on the decision.

    You can also email your appeal to UCAppeals@pa.gov for Service Center decisions or UCBoardAppeals@pa.gov for Referee decisions. But be careful, sending information by email is not very secure.

    To appeal a UC Service Center decision, you must do so within 21 days of the notice. The deadline is also on the notice.

    To appeal, you must act within 21 days of the referee's decision. The deadline is on the referee's decision.

    You must file an appeal to a Board decision within 30 days. The 30 days start on the date the Board mailed the decision.

    Preparation for Your Appeal

    • Organize all the facts and documents related to your case and bring them to the hearing.

    • If you have a disability or language barrier, contact the Referee's office. They can arrange help for you.

    Hearing Process

    • The hearings are informal but involve testifying under oath, cross-examination, rebuttals, and witnesses. All testimony will be recorded.

    • Notify any witnesses with firsthand knowledge of the matter about the hearing. Work with them to attend the hearing.

    • Witness testimonies based only on hearsay cannot be used in making the decision.

    Ensuring Witness Presence

    • If a witness refuses to appear or provide evidence, you can ask the Referee to issue a subpoena. This will ensure their presence at the hearing.

    Current rules allow phone testimony in specific cases. The Referee or Board will determine if the rules apply to your case.

    To ask for a phone hearing, contact the office listed in your hearing notice. You can do this by phone, mail, email, or fax.

    As a claimant or employer, you can represent yourself before the Referee or the Board. You can also have an attorney or advocate.

    Need help? Free legal aid might be an option if you qualify. Contact a local legal service organization, bar association, or law school clinic. They may have resources to help you.

    Hearings are informal but include witnesses and sworn testimony. They also involve cross-examination, rebuttals, and are recorded. Whether or not you have a representative, the Referee will work to get the facts and conduct a fair hearing.

    If you can't attend the hearing, ask for a continuance right away. The hearing may be able to be postponed and rescheduled. Send the request to the Referee named on the front of the Notice of Hearing.

    This will be granted only for "proper cause" and upon terms deemed proper by the Referee. If a continuance of the hearing is granted, the hearing will be rescheduled.

    To request a subpoena, contact the Referee office listed on the Notice of Hearing.

    If a witness refuses to appear or provide documents, you can ask for a subpoena. This ensures their presence. The Referee will then issue the subpoena, if necessary.

    If you need help due to a disability with hearing, speech, and/or vision, or for a non-English language, please contact the Referee's office as soon as possible. 

    A party who has filed an appeal may withdraw the appeal with the approval of the tribunal before whom the appeal is pending.

    • If the appeal is pending before a Referee, the withdrawal request must be submitted in writing by mail, email or fax to the Referee Office
    • Additionally, withdrawal forms are available from any Referee office.

    If the appeal is pending before the Board, the withdrawal request must be submitted in writing by mail, email or fax to the Board.

    If the Referee has not yet issued a decision, you can request to reopen the record to add more information. Just contact the Referee’s office.

    Requests sent before the Referee issues a decision will be reviewed. Reopening is possible with a good reason. To request a reopening, write a letter to the Referee's office that handled the hearing.

    If the Referee has made a decision and you plan to appeal to the Board, you should include these points in your appeal. Ask for a remand hearing if you think it's necessary. Then, the Board will decide on your request.

    After looking at all the information, the Referee or Board checks the case details and uses the right laws and rules. Referee decisions are usually made within 30-45 days, and Board decisions take 45-75 days. They try their best to decide quickly.

     

    If the Referee approves your appeal, it can take 2-4 weeks to get your benefits from the UC Service Center. Continue to file for benefits during the waiting period.

    A party who did not attend a scheduled hearing does have the right to request reopening of the record.

    You must submit this request in writing. You can send it by mail, email, or fax to the Referee. It must list the reason for the non-appearance.

    The Referee will decide whether such reasons constitute "proper cause" for the non-appearance. If the Referee's decision has not yet been issued, the Referee may allow the record to be reopened.

    If a request to reopen arrives after the Referee's decision, it counts as an appeal to the Board of Review. The Board will then review and decide on the request.

    If you feel that existing testimony is not enough and that new evidence should be introduced, you should submit a request for a remand to the Appeals System Administrator. Say why you think the testimony is incomplete.

    The hearing record is transcribed only if a Referee decision is appealed to the UC Board of Review.

    Copies of such testimony are available to you (to be used for UC purposes only) at no charge. You must submit a written request by mail, email or fax to:

    Appeals System Administrator, UC Board of Review
    Room 1116 Labor & Industry Building
    651 Boas Street
    Harrisburg, PA 17121-0750

    Fax: 717-787-6125

    Email: ra-li-ucbr-CentralOf@pa.gov.

    NOTE: If you elect to submit a request by email please be careful to note the EXACT email address as it appears above. The Board cannot be responsible for misdirected emails.

    The request must list the reason(s) for which the record will be used. The Board will only provide records for purposes relating to the Unemployment Compensation Law.

    If a party wants to appeal to the Board and file a brief, they need permission. They must ask the Board in writing. They can send the request by mail, fax, or email.

    Appeals System Administrator, UC Board of Review
    Room 1116, Labor & Industry Building
    651 Boas Street
    Harrisburg, PA 17121-0750


    Fax: 717-787-6125

    Email: ra-li-ucbr-CentralOf@pa.gov

    If you submit a request by email, please use the exact email address shown. The UC Board of Review can't be responsible for misdirected emails.

    If the Board permits the filing of a brief, it will give the party a copy of the testimony transcript. The Board will also send a letter saying when the brief is due.

    You need to submit an original brief and four copies. The Board doesn't demand a specific format for the brief. 

    Anyone who disagrees with the Board's decision can ask the Commonwealth Court for a review. They must send their appeal to the following address:

    Prothonotary of the Commonwealth Court of Pennsylvania Pennsylvania Judicial Center

    601 Commonwealth Avenue, Suite 2100
    P.O. Box 69185,
    Harrisburg, PA 17106-9185

    You must submit your appeal within 30 days of the Board's decision or have it postmarked by then. If you need help with an appeal to the Commonwealth Court, call 717-255-1650.

    You may also submit a written request to the UC Board of Review by mail, email or fax to reconsider the case.

    This request may be submitted to:

    Appeals System Administrator, UC Board of Review
    Room 1116 Labor & Industry Building
    651 Boas Street
    Harrisburg, PA 17121-0750

    Fax: 717-787-6125

    Email address: ra-li-ucbr-CentralOf@pa.gov

    If you choose to email your request, use the exact email in the example. The Board is not responsible for emails sent to the wrong address.

    Submit the request within 15 days of getting the decision. Reconsideration is rare, only for "good cause." The Board usually can't review credibility decisions. It also won't take new evidence unless it was impossible to present earlier.

    Remember: sending a request for reconsideration to the Board does not extend the time to file a review petition with Commonwealth Court.

    If you think a conflict of interest would be created if the Referee conducts the hearing, you may tell the Appeals System Administrator. You can write to:

    UC Board of Review
    651 Boas St., Room 1116
    Harrisburg, PA 17121-0750

    Give your reason(s) for the conflict of interest. Request in writing that another Referee be assigned.