Appeals of Determination of Unemployment Compensation

What is an Appeal?
What is the Appeal Tribunal?
How do I file an Appeal?
How do I contact Appeals if I have questions?
What happens after an appeal is filed?
What happens at the hearing and why should I be there?
How can I prepare for the hearing?
What happens after the hearing?

The Appeal Tribunal Hearing - A Claimant's Guide

 

What is an appeal?

If a claimant or an employer disagree with a NHES Determination on Unemployment Compensation, that party has the right to appeal. An appeal is a written disagreement with a decision by New Hampshire Employment Security (NHES). A timely appeal generally results in a hearing that ensures each affected party has the chance to provide evidence and testimony about the issue under appeal.

There is no cost to file an appeal, but there is a 14-day time limit for filing the appeal. Therefore, if you do not understand the determination, contact the department promptly for an explanation. If you disagree with the determination, do not delay filing an appeal.

Claimants may file an appeal on decisions made by NHES, for reasons such as:

• Unemployment benefits have been denied
• Benefits received are required to be repaid
• A penalty has been assessed, such as for failure to disclose information

Employers may file an appeal on decisions made by NHES, for reasons such as:

• Benefits are being paid to an employee who quit for reasons not attributable to the employer or was fired for misconduct
• Benefits are being paid to an employee who refused work or is in a labor dispute
• A determination has been made that your business is chargeable for the benefits

What is the Appeal Tribunal?

The Appeal Tribunal usually consists of one hearing officer known as an Appeal Tribunal Chairman.

When an appeal is filed on a Determination of Unemployment Compensation, the Appeal Tribunal Unit usually schedules an administrative hearing to ensure each affected party has the chance to provide evidence and testimony about the issue under appeal.

The Appeal Tribunal Chairman examines the case at the hearing. The Chairman makes an independent and impartial decision on the case based upon all the evidence that is provided at the hearing. The Chairman bases the resulting Decision of Appeal Tribunal on the findings of fact, department administrative rules (Administrative Rule Emp 100-500), and state law (RSA 282-A Unemployment Compensation).

How do I file an Appeal?

Claimants may file an appeal online through the claimant portal of your unemployment claim. Simply log into your claim and follow the prompts on your Claim Dashboard.

Employers may file an appeal online by logging into their account and following the prompts on the main page of their account.

Although a form is not needed to file an appeal, a Request for Appeal Form (Solicitud de Audiencia de Apelación ) may be completed and mailed or emailed to the Appeal Tribunal Unit.

Please send requests to:
Attn: Appeal Tribunal Unit
NH Employment Security
PO Box 2009
Concord, NH 03302-2009

Or

Appeals@nhes.nh.gov

You may also hand deliver your request to a local Employment Security Office.

An appeal request should include:

• The claimant's name and at least the last four digits of his/her Social Security Number;
• If an employer appeal, the business name and the name of the person filing the request;
• Contact information, including an address, telephone number, and email address; and
• If possible, a copy of the determination notice(s)
• The reason for the disagreement with the determination.

If unable to include a copy of the determination, please include the issue date and determination identification number listed on the determination being appealed.

Please indicate if there are:

• Any dates or time you will be unable to participate in a hearing.
• If an attorney may be involved.
• If an interpreter is needed for you or any potential witnesses, and, if so, for what language(s).
• Also, please advise if a hearing impairment accommodation is needed.
• Finally, the determination becomes final at the end of the appeal period if there has not been an appeal. However, the commissioner is allowed to extend the time for filing an appeal if there are sufficient grounds for doing so. Please include the reason why the appeal was filed beyond the 14-day filing period with the appeal request.

How do I contact Appeals if I have questions?

Telephone: (603) 223-6140
Fax: (603) 223-6141
Email: appeals@nhes.nh.gov

What happens after an appeal is filed?

Once the Appeal Tribunal Unit receives and processes an appeal, a written confirmation is sent to the claimant and to the employer(s) that an appeal has been filed and by whom.

Once the Appeal Tribunal schedules a hearing, a hearing notice is sent with the date and time of the hearing as well as whether the hearing will be scheduled in person or by telephone. The hearing notice is sent by mail or to the correspondence in-box at least 8 days prior to the date of the hearing. It will also include the issue(s) of law under appeal.

If the hearing is scheduled by telephone, be sure to return the contact information immediately. Otherwise you will not be contacted for the hearing and the appeal may be dismissed.

While waiting for the hearing, unemployed claimants should continue to file weekly claims on time.
Claimants still need to meet eligibility requirements every week, including:

• Having an active search for full-time work;
• Being physically able to work;
• Being available for full-time work;
• Being registered for work online at or, if the claimant is out-of-state, with the nearest Workforce Solutions office.

Claimants may also wish to contact the department's claim representative for assistance in preparing for the hearing. Contact information for claim representative: Telephone: 1-800-685-6588 or (603) 228-4017.

What happens at the hearing and why should I be there?

For everyone's convenience, the Appeal Tribunal hearings are usually held at NHES local offices. If the party who files the appeal (the appellant) does not appear or request a postponement in advance of the hearing, the appeal may be dismissed, in which case the original determination becomes final.

For parties other than the appellant, attendance at the hearing, whether in person or by telephone, is voluntary. Because the Chairman bases the Decision on evidence provided at the hearing, it is in each party's best interest to participate to provide that side of the story. Also, the Chairman will likely have questions to make sure has all the facts are part of the record to reach a decision.

Make sure to be on time, because the Chairman may dismiss the appeal or begin the hearing without you.

There will be some introductory comments regarding the issue under appeal and how the hearing will proceed. The hearing is held in a casual manner, and the Chairman will make every possible effort to help the parties feel at ease.

The length of the hearing depends on many factors such as the number of determinations under appeal, witnesses, and documents. Usually however, appeals are heard within an hour. Remember that the allotted time for a hearing includes receiving information from all the parties present. If needed, request more time before the hearing.

The hearing is recorded and under oath. This provides an audio record of the proceedings in the event there should be a higher appeal. The Chairman will ask you to present your case. Remember that the Chairman has already read the determination under appeal but likely will have questions for you to better understand the case. Try to relax as much as possible. A formal legal presentation is not expected. This is not a courtroom. Please remember this is simply the opportunity to explain the case.

If unable to attend the hearing in person, contact the Appeal Tribunal and request to participate by telephone. Telephone participation may be granted if there is no objection from the opposing party. The Appeal Tribunal telephone number appears on both the notice that an appeal has been filed and on the notice of the hearing.

If unable to attend a hearing either in person or via the telephone, request the hearing be rescheduled or present your arguments in writing. Make sure your arguments are forwarded to the Appeal Tribunal before the hearing date; otherwise, the Chairman will make a decision based on what is received at the hearing.

How can I prepare for the hearing?

• Read the determination under appeal and the hearing notice sent to you.
• Read the Guide for an Appeal Hearing. (Available on the Form and Publications page).
• Make a checklist of the points you want to mention to the Chairman, including any errors you have found concerning information in the determination.
• Bring any new information, witnesses, documents, and evidence (for example, a medical certificate, personnel file, payroll records, letters from co-workers, etc.) that you want the Chairman to consider, or send it to the Appeal Tribunal before the hearing date.
• An Attorney may represent you at your own expense.
• You may bring a friend or family member for moral support.
  

What happens after the hearing?

The Chairman will not give a verbal decision on the day of the hearing. A written decision usually issued within 7 to 14 days after the hearing.

If the Chairman's decision is not favorable, the next level of appeal is a request a reopening with the Commissioner. Again, there is no charge to file this appeal, however there is a 14-day time limit for filing the appeal. The instructions are included with the Decision of Appeal Tribunal. The Decision of Appeal Tribunal becomes final if no appeal is filed.