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.

 

Sivinski Law Offices, ltd.

Aggressive, Experienced, Effective

800-641-1970

Free Consultations

Ohio Unemployment Appeal Attorneys

Outline of the Appeal Process

 

  1. Application for Benefits
  2. Fact-Finding
  3. Initial Determination
  4. Written Appeal to ODJFS
  5. Redetermination
  6. Appeal for Hearing
  7. Hearing with Unemployment Compensation Review Commission (UCRC)
  8. Decision
  9. Request for Review
  10. Appeal to Court

Appeal from an Initial Determination

Important Notes About the Process

 

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

  • Sample Employers We Have Won Against

    1-800-Flowers Team Services, Inc.

    Aaron's, Inc.

    Ace Cash Express, Inc.

    Adecco USA, Inc.

    Advanced Industrial Services, LLC

    Advantage Sales & Marketing LLC

    Allstate of Youngstown LLC

    Altaquip 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.

    Cantex Inc.

    Cargill, Inc.

    Carrols, LLC

    Catastrophe Management Solutions

    Catholic Charities Corporation

    Catholic Health Care Partners

    Certified Flooring Installation, Inc.

    Chi Omega Sorority

    Chippewa Community School, LLC

    City of Middletown

    Clerac LLC

    Cleveland Clinic Foundation

    Coblentz Distributing, Inc.

    Cobra Plastics, Inc.

    Community Health Partners Regional Medical Center, Inc.

    Component Repair Technologies, Inc.

    Contactus, LLC

    Core Manufacturing LLC

    Cortland Savings Banking Co.

    Creative Fabrication Ltd.

    Crescent Metal Products Inc.

    Crown Services

    Cuyahoga County Commissioners

    Danop, Ltd.

    Denham Oilfield Service, Inc.

    Department of Public Safety, Ohio Highway Patrol

    Dillard Tennessee, Ltd.

    Djaro Inc.

    Do It Best Corp Nelson Rd.

    Domestic Linen Supply & Laundry Co.

    Dometic Corporation

    Donor Care Center, Inc

    Earthgrains Baking Companies, Inc.

    Executive Care, Ltd.

    Exel, Inc.

    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.

    Fusion, Inc.

    Geauga County Auditor

    General Die Casters, Inc.

    General Mills Operations LLC

    Germain Inc.

    Giesecke & Devrient America Inc.

    GLJMOW, LLC

    Good Samaritan Hospital & Health Center, Inc.

    Greater Cleveland Regional Transity Authority (GCRTA)

    Green Gourmet Foods, LLC

    Greenstar LLC

    Group Management Services, Inc.

    Guardsmark LLC

    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

    Humphrey Line

    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

    Keltec Inc.

    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.

    Petsmart, 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

    Purfoods 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.

    Speedway, LLC

    Spherion of Lima, Inc.

    Springbrook Express, LLC

    Staples Contract & Commercial, Inc.

    Steinhaus Restaurant

    Stoneridge, 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.

    Trubridge 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.

     

John Sivinski Top Attorney

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.

No Upfront Fees

 

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.

Improve Your Chance to Obtain Benefits

 

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.

 

Contact Us For A
Free Telephone Consultation

Submitting Form...

The server encountered an error.

Message received.  Thank you.

Sivinski Law Offices, ltd.

Suite 215

20545 Center Ridge Rd.

Rocky River, OH 44116

Phone: 800-641-1970

Fax: 855-241-0700

contact@sshllc.com

 

https://SivinskiLegal.com

 

Satellite Office Locations:

    Huron, Ohio

    Port Clinton, Ohio

    South Euclid, Ohio

Superb Litigation Attorneys
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio State Bar Association - OSBA
American Association of Premier DUI Attorneys
Parma Bar Association
Lorain County Bar Association
Ohio Employment Lawyers Association - OELA
DUI Defense Lawyers Association
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA

Sivinski Law Offices, ltd provides legal services throughout Ohio, from Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Strongsville, Garfield Heights, Euclid, Medina, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Lucas, Portage, Sandusky, Seneca, Huron, Medina, Summit, Portage, Geauga County, Lake, Ashtabula.

Disclaimer & Privacy Policy

Updated November 2017

Copyright 2015 - 2017 Brian J. Smith, All rights reserved.

Ohio Unemployment Appeal Attorneys
John Sivinski Top Attorney
Clients Choice Criminal Defense Attorneys
Superb Litigation Attorneys
DUI Defense Lawyers Association
Parma Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio State Bar Association - OSBA
Lorain County Bar Association
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
Ohio Employment Lawyers Association - OELA
American Association of Premier DUI Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Ohio State Bar Association - OSBA
Ohio Employment Lawyers Association - OELA
American Association of Premier DUI Attorneys
Parma Bar Association
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
National College for DUI Defense
DUI Defense Lawyers Association
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
John Sivinski Top Attorney
DUI Defense Lawyers Association
American Association of Premier DUI Attorneys
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
West Shore Bar Association - WSBA
John Sivinski Top Attorney
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys
John Sivinski Top Attorney
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Clients Choice Criminal Defense Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys