Skip to main content
Language Translation
Governor Mike Braun
  Close Menu

File an Appeal

How to Appeal a Deterrmination of Eligibility for Unemployment Benefits

To appeal, you or your legal representative must do these things within 15 days from the date the Determination of Eligibility was sent to you:

  1. Include a copy of the Determination(s) of Eligibility or the issue id number(s) for the issue that you are appealing. You can find your Determination(s) of Eligibility in the Correspondence History section of your Uplink account.
  2. Write that you want to appeal that Determination of Eligibility.
  3. Sign your name and include if you are the claimant (the person who filed for unemployment), employer, or representative.
  4. Include your current mailing address and phone number where you can be reached on everything you send. If you are the claimant, also include the last four digits of your Social Security number.
  5. Send your appeal by either:
    • Mail: ATTN: UI Appeals Division, Indiana Department of Workforce Development, 10 North Senate Ave, Indianapolis, IN 46204-2201.
    • Fax: (317) 233-6888.
    • In Person: DWD Lobby at 10 N Senate Avenue, Indianapolis, IN 46204-2201. Tell the staff you want to file an appeal.

Tip: Keep proof of when you sent your appeal, like a fax confirmation sheet or a receipt.

  • Hearings usually happen within 45 days after you file your appeal.

  • A Notice of Hearing will be sent to you at least 10 days before your hearing. This notice will have important instructions.

  • If you do not answer the judge’s phone call, the case may be dismissed.

  • You can have a lawyer or representative with you at the hearing, but you do not have to. Your representative must tell the judge in writing before the hearing date and send a copy to the other party. You can find more information in the Hearing Instructions included with your Notice of Hearing.

  • At least 48 hours before your hearing, you must do the following after you read the Acknowledgment Sheet included with your Notice of Hearing. The instructions are different for claimants and employers:
  • For Employers:
    • Fill out the Acknowledgment Sheet and send it back with the name and phone number for the person that the judge should contact for the hearing.
  • For Claimants:
    • If the phone number listed on your Acknowledgment Sheet is not the correct number for the judge to call, fill out the Acknowledgment Sheet and send it back with the updated phone number.
    • If the phone number listed on your Acknowledgment Sheet is the correct number for the judge to call, you do not need to fill it out or send it back.

  • You can send the Acknowledgment Sheet by mail, fax, or deliver it in person using the information provided on the Notice of Hearing.

  • Important:
    • If you are an employer, or if the claimant’s phone number listed is not correct, you must return the Acknowledgment Sheet. Most hearings are done by phone, and the judge will call both sides.
    • The Notice of Hearing will include a phone number you can call to confirm your information before the hearing. If you leave a message, include case number, your name, your phone number with area code, and the judge’s name.

    • During the Appeals Hearing

    • The Administrative Law Judge (ALJ) will help both sides understand how the hearing works and will answer any questions you have about the process during the hearing.
    • If you are the one who filed the appeal, you must be at the hearing. If you do not show up, your appeal will be dismissed.
    • If your hearing is by phone, you must be ready to answer when the ALJ calls. The ALJ will try to call you at least once. Here are some tips for phone hearings:
      • The call may show up as “Blocked” or “Number Unavailable” on caller ID.
      • If your phone has a spam blocker, call blocker, or screening service, turn them off before the hearing. If you do not turn them off, your phone might block the judge’s call. If you do not answer the judge’s phone call, your case may be dismissed.
      • Make sure your phone is charged, the ringer is on, and that your phone works.
      • Sometimes hearings start late if the ALJ is finishing another case. The judge has up to 60 minutes from the start time of the hearing to contact you. If you are not called within 60 minutes, the case may be rescheduled.

    • After the Appeals Hearing

  • The Administrative Law Judge (ALJ) will listen to all the information during the hearing and make a decision. You will get the decision notice about 2 weeks after your hearing.
  • All hearings are recorded. If you want a digital copy of the recording, give your Case Number, Name, connection to the case (Claimant, Employer, Claimant Attorney, Employer Attorney, or Employer Representative), and the email address where you want DWD to send the download link and password. You can ask for the recording by:
    • Filling out this online form: https://forms.office.com/g/QytLSiFLfQ
    • Or, mailing: ATTN: Appeals, c/o Hearing Recordings, Indiana Department of Workforce Development, 10 N Senate Avenue, Indianapolis, IN 46204-2201.

  • Recordings are available after a case is closed and a final decision has been made. For your security, you will get two separate emails from DWD. One email will have your secure link to download the compressed ZIP file. The second email will have your password to access the file.
  • If you are a representative or attorney who was not previously involved in the case, please fax your hearing recording request to (317) 233-6888 or mail the request to Appeals, c/o Hearing Recordings, Indiana Department of Workforce Development, Indianapolis, IN 46204-2201. In your request, you should include your notice of appearance for either the employer or the claimant, your name, the case number of the hearing recording you are requesting, and the email address you would like to receive the hearing recording sent to once the request is received.

The Administrative Law Judge’s decision will become final unless it is appealed to the Review Board within 15 calendar days from the date the decision was issued.

If you wish to appeal, you or your legal representative must do all of the following:

  1. Include a copy of the judge’s decision or the case number for the decision you are appealing. You can find your Appeal Decision Notice for Benefits in the Correspondence History section of your Uplink account.
  2. Write that you want to appeal and explain why you disagree with the Administrative Law Judge's decision.
  3. Sign your name and include if you are the claimant (the person who filed for unemployment), the employer, or representative.
  4. Include your current mailing address and phone number where you can be reached on everything you send. If you are the claimant, also include the last four digits of your Social Security number.
  5. If you have additional documents or information that were not available for your hearing with the Administrative Law Judge (ALJ), include them with your appeal. You must explain why these documents or information were not given to the ALJ.

    The Review Board will review all documents and information submitted with your appeal. The additional documents and information that you include with your appeal are not automatically considered evidence. For additional documents or information to be accepted as evidence:

    1. You must have a good reason why the additional documents or information were not given to the ALJ, and
    2. The additional documents or information must help answer an important question in the case.

  6. Send your appeal to the Review Board by either:
    • Mail: ATTN: Review Board, Indiana Department of Workforce Development, 10 North Senate Ave, Room SE018, Indianapolis, IN 46204-2201.
    • Fax: (317) 233-3348.
    • In Person: DWD Lobby at 10 N Senate Ave, Indianapolis, IN 46204-2201. Tell the staff you want to file an appeal with the Review Board.

Tip: Keep proof of when you sent your appeal, like a fax confirmation sheet or a receipt.

  • Q: Who has the right to appeal a Determination of Eligibility?
    A: If the Determination of Eligibility is not in your favor and provides appeal rights, you have the right to appeal that Determination of Eligibility.

  • Q: What do I do if I would like my hearing to be in person?
    A: Send a written request with your appeal letter and state that you want an in person hearing and explain why. If you did not include this request in your initial appeal letter, you may fax in the written request to (317) 233-6888. Make sure to include your case number on the request.

  • Q: What do I need to do if I have video evidence or audio evidence to present during the hearing?
    A: If you have video or audio evidence you want to use during your hearing, you should tell the judge right away. You can do this in your appeal letter, by faxing your request to (317) 233-6888, or by calling (317) 232-7170. Be ready to give the judge a copy of your video or audio recording for their records, and bring any equipment you need to play the recording, such as a laptop, to the hearing.

  • Q: I received a Notice of Overpayment from the Department. Can I appeal my overpayment?
    A: You cannot appeal a Notice of Overpayment. You can appeal the Determination(s) of Eligibility that caused the overpayment.
    If you have questions about your overpayment, call DWD’s Collections Unit at (800) 262-6949. The Review Board cannot answer questions about your overpayment. If you qualify, you may be able to get your overpayment waived. To ask for this, complete the State Form 52986 Overpayment Waiver Request form. This form can be found on the DWD “Forms and Downloads” page at https://www.in.gov/dwd/indiana-unemployment/employers/forms-downloads/.

  • Q: How long will the Review Board process take?
    A: The time it takes for the Review Board to reach a decision depends on its volume of cases. On average, the Review Board will issue a decision in 3 to 6 weeks from when your appeal was filed.

  • Q: Will there be a hearing before the Review Board?
    A: The Review Board does not regularly hold hearings, but it may do so at its discretion. If the Review Board decides to hold a hearing, you will receive a Notice of Hearing approximately two weeks before the scheduled hearing date.

  • Q: The opposing party failed to appear for the Administrative Law Judge's hearing. Why are they allowed to file an appeal with the Review Board?
    A: If the Administrative Law Judge's decision is not in their favor, they have the right to file an appeal with the Review Board – even if they missed the hearing with the judge.

  • Q: Can I speak to the Review Board?
    A: You may not speak with members of the Review Board directly. However, you may call the Review Board’s office to speak to a staff member at (317) 232-7719 during normal business hours.

  • Q: The Review Board’s decision says the Review Board did not accept any additional evidence; did they review the documents I sent with my appeal?
    A: Everything you submit on appeal to the Review Board is reviewed. The Review Board is not required to accept any document as additional evidence when making its decision Please see number 5 on the “What if I am not satisfied with the Administrative Law Judge’s Decision?” tab for more information on this topic.

  • Q: If I disagree with the Review Board's decision, can I appeal it?
    A: Yes, if you disagree with the Review Board’s decision, you can appeal it to the Indiana Court of Appeals.
    You may contact the Clerk of the Indiana Court of Appeals at (317) 232-1930. You can also find information on how to file an appeal with the Indiana Court of Appeals online at https://www.in.gov/courts/clerk/. The Review Board cannot answer questions about how to file an appeal at the Indiana Court of Appeals.

  • Q: The Review Board's decision says, “The decision of the Administrative Law Judge is affirmed.” What does that mean?
    A: “Affirmed” means that the Review Board agreed with the Administrative Law Judge's decision.

  • Q: I received an “Order of Remand” from the Review Board. What does that mean?
    A: If you received an “Order of Remand” from the Review Board, it means your case is being sent back to the Appeals Division for more review or action. The Appeals Division will be told what they need to do next. If you need to do anything else, the Appeals Division will let you know.