Appealing a Referee Decision to the UC Board of Review

Appealing a Referee Decision

Any party who disagrees with a Referee's decision has the right to file a further appeal to the Unemployment Compensation (UC) Board of Review (Board). The Board is comprised of a chairperson and two board members, all of whom are appointed by the governor.

Under Section 502 of the Pennsylvania Unemployment Compensation Law, a Referee's decision becomes final unless an appeal is filed no later than 21 calendar days after the determination date provided on the referee's decision. If the twenty-first day of an appeal period falls on a day on which the UC service center is closed, the appeal period is extended to the next working day.  The final date to appeal will be noted on your Referee decision.  

How to File an Appeal to the UC Board of Review

Appeals may be filed:

An appeal letter must include:

  1.     Name and address of the claimant
  2.     Last four digits of the Social Security number of the claimant
  3.     Referee Office Docket number
  4.     Date of the Decision being appealed
  5.     Reason for the appeal, and
  6.     Name, mailing address, phone number and email address of the individual filing the appeal.

If you receive a Referee decision but are not able to file an appeal from that decision electronically through your UC account, you must use one of the other methods to file an appeal, such as USPS mail, email, fax or personal delivery, as described below. The Petition for Appeal (to the UC Board of Review) form can be found here.

Appeals may be delivered by:

Mail: UC Board of Review
651 Boas St, Rm 1119
Harrisburg, PA 17121

Fax:    (717) 346-4484

Email: UCBoardAppeals@pa.gov

In-person to a PA CareerLink® office or the Board's office.

You may not file an appeal in person at a UC Service Center.

To file online (Best Option)

  • Go to: benefits.uc.pa.gov
  • Log in
  • Click Unemployment Services → Appeals → Determination
  • Select File Appeal
  • Fill out the questions, including why you disagree with the decision
  • Submit

You should see: “Appeal Successfully Filed.”  If you don’t see this message, try again or use another method right away.

See step-by-step guide: Appeals  Guide and video: How to File an Appeal Online

Need help filing your appeal? Call the UC Service Center at 1-888-313-7284 and staff will talk you through your options. 

Important: Your appeal must be sent on time. Each filing method has rules that decide your filing date. 

If you appeal by mail:

  • US Postal Service: The filing date is the US Postal Service postmark date, the date of a Postal Service certificate of mailing or the date of a Postal Service certified mail receipt. To obtain a postmark aligning with the date of mailing, you may request a manual (local) postmark at a retail USPS location.  Customers who wish to retain a record or proof of the date on which the Postal Service first accepted possession of their mail may purchase a Certificate of Mailing.  Registered Mail and Certified Mail services also provide mailing receipts for individual mail pieces. In the absence of these dates, the filling date is the date of a postage meter mark. In the absence of all of the above dates, the filing date is the date the department receives the appeal.   
  • Common Carrier: The filing date is the date the envelope containing the appeal is delivered to a common carrier. If that date cannot be determined, the filing date is the date the department receives the appeal.
  • If the sources above are not available, the date the appeal is filed will be the date it is received by the department.

If you appeal by fax:

  • The filing date is the date imprinted by the receiving fax machine. If the receiving fax machine does not imprint a legible date, the appeal is filed on the date of transmission imprinted by the sending fax machine. If the faxed appeal does not contain a legible date of transmission, it is filed on the date recorded by the department when it receives the appeal.  The appeal must be filed before midnight the date it is due. 
  • The fax number for your appeal to the Board is: (717) 346-4484.
  • You are responsible for any delay, disruption, or interruption of electronic signals and the readability of the appeal, and you accept the risk that the appeal may not be properly or timely filed.

If you appeal by electronic mail (email):

  • If you file your appeal by email, the appeal is filed on the date of receipt recorded by the department's electronic transmission system.  The appeal must be filed before midnight the date it is due. 
  • You are responsible for using the proper format and email address.
  • The email address for your appeal to the Board is: UCBoardAppeals@pa.gov.
  • If you file your appeal by email to UCBoardAppeals@pa.gov, you should receive a confirmation email that your appeal was received. Keep this confirmation email for your records. If you don't receive a confirmation email, check that you sent the email to the correct address. If you did, contact the UC Service Center or file your appeal by another method prior to the appeal deadline.
  • You are responsible for using the proper format, sending the appeal to the electronic address designated by the board, for delay, disruption, interruption of electronic signals and readability of the document and accept the risk that the appeal may not be properly or timely filed.
  • Please be advised that the department cannot guarantee the security of personally identifiable information submitted electronically.

If you appeal in person at a PA CareerLink®:

  • The filing date is the date you deliver the appeal to a PA CareerLink® office during regular business hours. The PA CareerLink® will forward your appeal to the UC Service Center.
  • Keep a date-stamped copy of the appeal for your records.
  • The PA CareerLink® office is not able to answer questions regarding determinations, appeals, or specific information on your claim.

UC Board of Review Decision Making Process

The Board will review the evidentiary record of the Referee's hearing. By statute and regulation, the Board has authority to issue its decision based on the Referee's record without taking additional testimony. The Board also has authority to order a second hearing (remand hearing) for the purpose of taking additional testimony. In the event a remand hearing is ordered, the Board will consider the entire record, which consists of the original hearing and the remand hearing. After reviewing the entire record and applying the applicable laws, regulations and court precedents, the Board will issue a written decision regarding eligibility or ineligibility for benefits. A copy of the decision will be sent to you by your chosen contact method in the UC System.

Remanding a UC Board of Review Appeal

If the Board feels that the record is not adequate, then it will remand (return) the case to a Referee for another hearing. If either party feels that existing testimony is insufficient and that new evidence should be introduced, a written request for a remand must be sent to the Appeals System Administrator, stating why the testimony is incomplete. Remands will only be granted for proper cause. 

If either party feels that the attendance of certain witnesses and/or the producing of certain documents at the remand hearing are essential to provide the Board with complete information concerning the claim and the party's witness refuses to appear or provide documentary evidence, the party may submit a written request to the Referee to issue subpoenas to assure the requested presence or documents at the hearing. If determined necessary, the Referee will issue subpoenas. However, it is the responsibility of the party requesting the subpoena to serve it upon the witness.

At a remand hearing, the Referee will serve as a hearing officer for the Board to gather any additional information for the Board to consider consistent with the memo of the Board accompanying the remand order. The entire file and record of evidence will then be returned to the Board for further action. If a remand hearing is scheduled, either party may request a continuance (postponing and rescheduling) of the hearing by contacting the Referee's office. This may be granted only for proper cause.

Withdrawing an Appeal to the UC Board of Review

The party who filed the appeal may request to withdraw the appeal at any time prior to a decision being issued by the Board. If you are the appealing party, you can make a request to withdraw the appeal in your UC account or in writing delivered to the Board at the email, fax or address listed below. Include the reason you are requesting to withdraw.  Understand that by withdrawing the appeal, you accept the decision that was issued by the Referee. Withdrawal requests must be submitted in writing by mail, email or fax to:

Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas St.
Harrisburg, PA 17121
Fax: 717-787-6125
Email: ra-li-ucbr-CentralOf@pa.gov

Requesting to File a Brief

If you have appealed to the Board and want to file a brief to argue your case, you need permission. You must ask the Board in writing. Send the request by mail, fax, or email to:

Appeals System Administrator, UC Board of Review 
Room 1116, Labor & Industry Building 
651 Boas Street 
Harrisburg, PA 17121-0750

 
Fax: 717-787-6125

Email: ra-li-ucbr-CentralOf@pa.gov

If the Board permits you to file a brief, it will give you a copy of the testimony transcript. The Board will also send a letter saying when the brief is due.

You only need to submit one copy of the brief. The Board doesn't demand a specific format for the brief.

Requesting to Present an Oral Argument Before the Board

If a party wishes to clarify already recorded testimony, the party must submit a written request to be scheduled for oral argument (personal appearance) before the Board in Harrisburg. Requests must be submitted in writing by mail, email or fax to:

Appeals System Administrator, UC Board of Review
Room 1116, Labor & Industry Building
651 Boas St.
Harrisburg, PA 17121
Fax: 717-787-6125
Email: ra-li-ucbr-CentralOf@pa.gov

The Board has sole discretion to grant or deny requests for oral argument and will grant it only when and if the Board deems it is needed to enable the Board to render an appropriate decision. The request to have an oral argument before the Board will only be granted for proper cause.

If an oral argument is scheduled, either party may request a continuance (postponing and rescheduling) by contacting the Board.

Whether you are the claimant or the employer, you may file your own brief, or request for oral argument, or you may have an attorney or any other advocate file those documents for you. If you are the claimant and you qualify, free legal assistance may be available from the legal services organization serving your area, your local bar association, or a law school clinic.

Obtaining a Copy of the Appeal Record

A written record (transcript) of your hearing is only created if the Referee’s decision is timely appealed to the UC Board of Review.

  • If the record is for unemployment compensation (UC) purposes, you can get a copy for free. 
  • If it’s for another purpose, you may have to pay for it. 

To request a copy, you must send a written request by mail, email, or fax to the Appeals System Administrator. You need to explain why you want the record. 

Appeals System Administrator, UC Board of Review 
Room 1116 Labor & Industry Building 
651 Boas Street 
Harrisburg, PA 17121-0750 
 
Fax: 717-787-6125

Email: ra-li-ucbr-CentralOf@pa.gov.

When making the written request, include:  

  1. Claimant’s name 
  2. Docket number 
  3. What you are asking for (e.g. transcript of testimony or hearing record)
  4. The reason for your request (e.g. what will the record be used for) 

The information provided on this site does not constitute legal advice or a determination of eligibility to receive unemployment compensation.