Ohio Unemployment Appeal Steps
If you find you have been denied unemployment compensation benefits that you have a right to, that your employer has paid for, then it is critical for you to learn about the appeal levels and the process at each level.
Appeal from an Initial Determination
Continue to report to ODJFS throughout the process. If you win, you will be paid only for the weeks that you reported. If the online system stops taking your claims, call to report the problem and take care of it immediately
If you have been paid benefits and later lose, ODJFS will demand that you repay any benefits already received. Overpayments not paid in full within forty-five days of a decision becoming final may be referred to Ohio's Attorney General for collection.
Deadlines are very firm, and missing a deadline will likely be the end of your claim. The limited circumstances when a deadline might be extended require you to: A) Provide certified medical documentation that you had a medical condition that prevented you from filing on time, or B) you must convince the Review Commission that you did not receive proper notice of the determination you are appealing.
When you file for unemployment benefits, your employer will be asked to provide information, after which ODJFS will make a determination regarding your eligibility for benefits. If you find that the initial determination denied your unemployment compensation benefits, you may submit a written appeal, which is frequently referred to as an unemployment appeal letter. This appeal must be submitted within 21 calendar days of the date of the determination, and it may be submitted by mail or fax to the processing center identified on the determination, or it may be submitted through the online system.
If you choose to have the Ohio Unemployment Lawyers of Sivinski Law Offices assist you, at this stage we would notify ODJFS that we represent you, request a copy of your file, which will include more information than is seen through ODJFS’ online system. The file will contain documents, questionnaire responses, and other information provided by your former employer. We will then craft an appeal that explains why the law provides that you have a right to unemployment compensation benefits.
Once this appeal is submitted, ODJFS has 21 days to either issue a redetermination or refer the appeal to the Unemployment Compensation Review Commission. In almost all cases, ODJFS will issue a redetermination that will either maintain its original determination or change it.
Appeal from a Redetermination
1-800-Flowers Team Services, Inc.
Ace Cash Express, Inc.
Adecco USA, Inc.
Advanced Industrial Services, LLC
Advantage Sales & Marketing LLC
Allstate of Youngstown LLC
American Bottling Company Inc.
American Home Patient Inc.
Ampro Computers Inc.
Animal Hospital of Polaris, LLC
Atlantis Company, Inc.
Bar One II LLC
Bed Bath & Beyond, Inc.
Bef Foods Inc.
Berke Dental Center
Biomat USA, Inc.
BJ's Restaurant Operations Company
Blanchard Valley Revional Health Center
Bluffton Hotel Corp.
Borcherding Parts, Inc.
Brookville Local Board of Education
C & R Welding Inc.
C T L Aerospace, Inc.
Catastrophe Management Solutions
Catholic Charities Corporation
Catholic Health Care Partners
Certified Flooring Installation, Inc.
Chi Omega Sorority
Chippewa Community School, LLC
City of Middletown
Cleveland Clinic Foundation
Coblentz Distributing, Inc.
Cobra Plastics, Inc.
Community Health Partners Regional Medical Center, Inc.
Component Repair Technologies, Inc.
Core Manufacturing LLC
Cortland Savings Banking Co.
Creative Fabrication Ltd.
Crescent Metal Products Inc.
Cuyahoga County Commissioners
Denham Oilfield Service, Inc.
Department of Public Safety, Ohio Highway Patrol
Dillard Tennessee, Ltd.
Do It Best Corp Nelson Rd.
Domestic Linen Supply & Laundry Co.
Donor Care Center, Inc
Earthgrains Baking Companies, Inc.
Executive Care, Ltd.
Eyetique of Cleveland, Inc.
Falls Village Retirement Community ltd
Federal Reserve Bank of Cleveland, Inc.
FIA Card Services, N.A.
Fifth Third Bank
Four Square Aggregates Ltd.
Geauga County Auditor
General Die Casters, Inc.
General Mills Operations LLC
Giesecke & Devrient America Inc.
Good Samaritan Hospital & Health Center, Inc.
Greater Cleveland Regional Transity Authority (GCRTA)
Green Gourmet Foods, LLC
Group Management Services, Inc.
Hahn Manufacturing Company, Inc.
Hamilton County Auditor
Hamilton County Park District
HCF of Court House, Inc.
Higbee West Main, Ltd.
Hopedale Mining, LLC
Horton Emergency Vehicles Company Inc.
Hose Master LLC
Hospice of Northwest Ohio
Inspiron Logistics, LLC
Integrated Logistics Solutions LLC
ISD Renal Inc.
J J Delong Associates, Inc.
J. C. Ehrlich Co., Inc.
Jay Industries, Inc.
Jegs Automotive Inc.
JLG Enterprises Inc.
JP Morgan Chase Bank National Association
La Rosa's Inc.
Lake PHO, Inc.
Lakewood Senior Campus, Inc.
Lane Construction Corporation
Lewis Imports LLC
Lincoln Heights Health Center
Lowe's Home Centers, Inc.
M V M Inc.
Mahoning Valley Infusion Care Inc.
Mary Rutan Health Association Logan County
Marymount Hospital, Inc.
Maxim Healthcare Services, Inc.
Mayfield Lighting, Inc.
McDonald Steel Corporation
McKesson Medical Surgical Inc.
Mercy Medical Center, Inc.
Meridian Industries, Inc.
Metro Cleveland Security Inc.
Miami Valley Gaming & Racing
Mill & Motion, Inc.
Mobis North America, LLC
National Lime & Stone Co., Inc.
OCCHealth Concepts, Inc.
Ohio Association of Second Harvest Foodbanks
Ohio Department of Taxation
OPRS Communities, Inc.
Optima Holdings, LLC
Orthotic & Prosthetic Services Inc.
Our Lady of The Wayside, Inc.
Paradise Hospitality Inc.
Parma Community General Hospital Association
Patric O Brien Jr. Chevrolet III Inc.
PCC Airfoils, Inc.
Peoples Bank NA, Inc.
Personnel Outsource Solutions, Inc.
PJ Pizza Ohio, LLC
Plantation Animal Hospital
Portrait Innovations, Inc.
PPC Airfoils, Inc.
Precision Thermoplastic Components, Inc.
Progressive Casualty Insurance Co.
Pro-Tech Maintenance, LLC
Provider Services Holdings LLC
QHG of Massillon, Inc.
Radiant Technology Group, Inc.
Rail Loading Services, LLC
Reactive Resin Products Co.
Reuther Mold & Mfg. Co. Inc.
Ross Aluminum Castings LLC
Sage Client 468, LLC
Sammy's Staffing Services Inc.
Saturn of Dayton, Inc.
Select Employment Services Inc.
Shaker Heights City Board of Education
Sheltering Arms Hospital Foundation, Inc.
Shepherd of the Valley Lutheran Retirement Service
Sherwin-Williams Co., Inc.
SMI Crankshaft, LLC
Specialty Retailers, Inc.
Spherion of Lima, Inc.
Springbrook Express, LLC
Staples Contract & Commercial, Inc.
Summa Western Reserve Hospital LLC4
Sysco Cincinnati, LLC
The Carter Jones Lumber Company Inc.
The Laurels of West Carollton, LLC
The Reynolds and Reynolds Co., Inc.
The Works: Ohio Center for History Art & Technology, Inc.
Thistledown Management LLC
Time Warner Cable
Timekeeping Systems, Inc.
Tri-County Hematology & Oncology Associates, Inc.
TWC (Time Warner Cable) Administration, LLC
U.S. Postal Service
Umicore Specialty Materials Recycling, LLC
United Energy Healthcare Workers Corp
Unlimited Advacare, Inc.
Upright Steel Fabricators & Erectors, LLC
US Well Services LLC
Village of Byesville
Walton Healthcare Group, LLC
Western Reserve Historical Society, Inc.
WJW Television, LLC
Wurth Electronics ICS, Inc.
If ODJFS’ Redetermination is not in your favor, you have 21 days from the date the redetermination is issued to file an appeal to the Unemployment Compensation Review Commission (UCRC). Once you file this appeal is filed, you will first receive a notice that the appeal has been filed, and about a week later you will receive a notice with the date and time of the hearing. This hearing is most often held by telephone, though it may be held in person if needed.
This unemployment appeal hearing is the most important stage of the appeal process. Prior to the hearing, Sivinski Law Offices will request your ODJFS file, subpoena any documents that may support your position, secure any important witnesses, and discuss the hearing process with you so you will be comfortable with it.
During this hearing, a Hearing Officer will begin by asking witnesses questions. Any representatives will have the opportunity to follow-up with further questions. If you choose to have the Ohio Unemployment Attorneys at Sivinski Law Offices represent you, we would cross examine all of the employer witnesses, follow up with questions for you to ensure the Hearing Officer hears and understands why you are entitled to benefits, and we will provide a closing statement to the Hearing Officer, setting forth the law and facts that support your right to unemployment compensation.
Appeal from a Hearing Decision
If the Hearing Officer’s decision is not in your favor, a Request for Review of that decision may be submitted to the Ohio Unemployment Compensation Review Commission (UCRC). The UCRC may deny the request for a review or at may grant it, in which case it may rely on what is already in the record or hold a further hearing. Requests to the UCRC are rarely granted and are uphill battles. This is why it is important to contact the Ohio Unemployment Lawyers at Sivinski Law Offices before the Unemployment Appeal Hearing, when there are still many strategies available to obtain the benefits you have a right to.
Appeal to Court
There may additionally be appeals that can be made to Court. However, just as the request for review is an uphill battle, so are any appeals to courts.
Sivinski Law Offices offers Free Initial Consultations. We additionally offer contingency agreements whenever possible, with no up-front fee. We collect a fee ONLY if we are successful in obtaining unemployment benefits that are owed to you. With such contingency fee agreements, Ohio Ethics Rules require that the client be responsible for out of pocket expenses such as court costs and filing fees if any, though with unemployment appeals there typically are no costs or filing fees. We also offer flat fees and hourly rates when a contingency fee agreement is not appropriate. Our goal is always to provide you with high quality representation to protect your rights. You have nothing to risk or lose by calling the Ohio Unemployment Attorneys at Sivinski Law Offices for your free consultation, so call us today before any of your unemployment appeal rights are lost.
The unemployment benefit appeal process does provide opportunities to obtain a determination in your favor, but you must have knowledge of the laws, the rules, and have the required tools to obtain and present evidence on your behalf.
The fact is, ODJFS does not operate based on what you know to be true, unless that truth can be shown to them, proven to them, and explained in a way that they can understand that Ohio statutes and rules require them to give you benefits.
The Ohio Unemployment Lawyers at Sivinski Law Offices have the expertise and experience to navigate through the Unemployment Appeal process and to present the best case possible to obtain the benefits you deserve. It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Sivinski Law Offices.
20545 Center Ridge Rd.
Rocky River, OH 44116
Updated July 2017
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