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Unemployment Insurance Appeal Rights

Either party (employer or claimant) may file an appeal of a claims deputy's Determination of Eligibility (UC-511) by requesting a hearing before an Administrative Law Judge (ALJ). There are two ways you can file your appeal, by mail to UI Appeals or in person at your local WorkOne Center.

To request an appeal

  1. Fill out the "Notice of Appeal" on the back of the "Determination of Eligibility" form.
  2. File your request for an appeal within ten (10) days of the date the local office mails the "Determination of Eligibility." This date can be found in the lower left hand corner of the form.

Filing by Mail

You must fill out all the information on the "Notice of Appeal" form in order to have a hearing in front of an Administrative Law Judge (ALJ).

  1. State the reasons why you disagree with the decision.
  2. Sign your name and check the box that identifies which party you are.
  3. Mail the appeal to the address on the form within ten (10) days of the mailing date of your "Determination of Eligibility."

Filing In Person

Go to a WorkOne Center within ten (10) days of the mailing date of your "Determination of Eligibility."

  1. Take your "Determination of Eligibility" with you.
  2. Tell the WorkOne representative you want to file an appeal.
  3. The representative will help you fill out the correct forms.

The ALJ hearing

You will be notified by mail of the date of your appeals hearing. Both parties will be notified of the date of the hearing. A copy of "Appeal Rights" will be include with you Notice of Hearing. It will explain the appeals process to you in great detail. If you have questions or need more information about the appeals process, call the Helpline at 1-800-891-6499.

If you filed the appeal you must attend the hearing or your appeal will be dismissed. If dismissed, appealing party has seven (7) days from mailing date of Dismissal to submit written request for reinstatement of appeal, and must show good cause for non-attendance at, or lateness to, hearing. No case shall be reinstated more than once.

To protect your rights, you should attend the hearing. If you cannot attend a scheduled hearing you may request a postponement. You must notify the ALJ by fax or letter no later than three (3) days before the scheduled hearing and state a good reason for your request. You must also send a copy of your request to the other party. You will receive a notice on whether the continuance is granted or denied.

Prepare for the hearing by knowing the issue(s) of your case, having only witnesses who have personal knowledge of the issues, and bringing copies of any documents that may help explain your side of the case. You have the right to be represented by an attorney at the hearing, but it is not necessary.

What's the Issue?

The issue determines who has the burden of proving these points:

  • If the issue is quitting a job, the claimant must prove they have good cause related to the work for leaving the employment.
  • If the issue is discharge, the employer must prove there was a just cause for the firing.
  • If the issue involves the claimants ability or desire to work, the claimant must prove they are able, available, and making an effort to find a job.

What should I bring?

Please make sure you have copies of any documents to support your positon. Any documents that have been previously given to the WorkOne representative will not be in the ALJ's file. The ALJ can consider only the evidence and testimony presented under oath at the hearing.

What if I am not satisfied with the ALJ decision?

The ALJ’s decision will become final unless you appeal the adverse Decision to the Review Board within eighteen (18) calendar days after the mailing date of the decision. The appeal must be in writing and signed by you as the appealing party. The appeal must contain the case number, the Claimant’s social security number, and an explanation of the reason for appeal. If you have additional information or documents that were not available at the time of the ALJ hearing, a request to submit the additional evidence and the documents should be included with the letter of appeal to the Review Board. The appeal should be mailed to:

Department of Workforce
Development
UI Review Board
325 W. Washington Street
Indianapolis,
IN 46204

or by fax at (317) 233-3348.