UI Benefit Handbook - Appeals

This secton covers:

• If Your Claim Is Denied at Any Time – Your Appeal Rights
• What Happens to Your Appeal?
• Employer Appeal Rights

If Your Claim Is Denied at Any Time – Your Appeal Rights

1. You may appeal any determination that denies you benefits.
2. Review “Preparing for Your Appeal Hearing”, which is available online. You may also call Claimant Services for information about the appeal process. 
3. By law you must file your appeal within 30 days after a letter of denial has been mailed to you. 
4. File the request by mail or fax at the address or fax number listed in the determination letter. If the last day for filing your appeal is Saturday or Sunday or any other day that IDES offices are closed, the appeal may be filed on the next day IDES offices are open. Any request submitted by mail must bear a postmark date within the applicable time limit for filing. 
5. Continue to certify every two weeks if your appeal is pending but only if you remain unemployed. 

What Happens to Your Appeal?

1. Your appeal will be assigned to an impartial Administrative Law Judge (referee) for a hearing. You will be notified of the date and time of the hearing.
2. At the hearing you will be given every opportunity to present your case. Facts in support of your claim should be presented at this time. If witnesses are required to help present your case, you must arrange for them to attend.
3. In the hearing you have the right to have a representative – an attorney or any other person you choose – to help you. The state contracts with law firms to provide limited free legal services at IDES appeal hearings to claimants and certain small employers. Representation at your hearing is not automatic and depends on the facts of your case. Even if you do not qualify for representation, an attorney will speak with you about your case. If you are interested in this service, call (800) 884-6591. To obtain this service you must call right away after receiving a ruling against you or notice of an appeal. Any delay in calling could result in your not being able to obtain this service.
4. If the referee decides against you, you have the right to appeal to the Board of Review, an independent fiveperson body appointed by the governor. You have 30 days from the date of the referee’s decision to file this appeal. You may fax your appeal to the designated fax number on your Administrative Law  Judge’s Decision or file your appeal at an IDES office.
5. If you disagree with the decision of the Board of Review, you may file an appeal in the Circuit Court of the county in which you live if you live in Illinois or in the Circuit Court of Cook County if you live in another state. You will not be required to pay court costs. However, you may have to pay for the service of a summons and for a transcript of the record.

Continue to certify every two weeks if your appeal is pending and as long as you remain unemployed. If the final decision is in your favor, you can be paid benefits only for those weeks you certified for and met all eligibility requirements.

Employer Appeal Rights

When you file your first claim for benefits, your last employer and, in some instances, other former employers are notified. They have the right to submit information to IDES on your eligibility for benefits. If this information is provided within the specified time period, an employer has the right under Illinois law to appeal the decision that allowed your benefits.

Benefits will be paid to you on the determination that allowed your benefits even though the employer has appealed. If the employer wins the appeal, and a referee holds that the benefits should not have been paid to you, action will be taken to recover those benefits. Since you will be asked to repay any benefits received in error, it is important that you participate in the referee hearing on the employer’s appeal to present your side of the case.

If an employer has appealed, you will be notified of the date and time of the hearing.