Benefit Appeal Frequently Asked Questions (FAQs)

Here are important deadlines to remember: 

• UC Service Center appeal: You have 21 days from the Service Center determination date to file your appeal to an Appeals Referee. The deadline is written on the Service Center’s determination. 
• Referee appeal: You have 21 days from the Referee decision date to file your appeal to the UC Board of Review. The deadline is written on the Referee's decision. 
• Board appeal: You have 30 days from the Board’s decision date to file your appeal to Commonwealth Court. Appeals to Commonwealth Court are filed when received unless you purchase proof of mailing. 

If the appeal deadline has passed, you may still file an appeal.  The Referee or Board before whom the appeal is pending will determine if you had good cause to file a late appeal.  If you did not have good cause for the late appeal, it will be dismissed.  If you prove that you had good cause for the late appeal, the Referee or Board will consider the merits of the appeal.  Follow any instructions you receive from the Referee or Board.

• Review the appeal file available either on your UC account or included with your hearing notice. 
• Gather any additional documents related to your case and make copies to bring  to the hearing.  If it is a phone hearing, make sure you supply them to the Referee Office five days in advance of the hearing so they can be sent to all parties.
• Identify witnesses who saw or heard what happened and ask them to come to your hearing.
• If you need help with an interpreter, or with hearing, speech, or vision needs, contact the Referee Office right away or make a request through your UC account. They can arrange help for you free of charge.
• Plan to arrive at least 15 minutes early.
• Bring your hearing notice, ID, and your documents.
• If you are running late, contact the Referee Office right away.

• You will get appeal notices and documents the same way you get them on your UC claim.
• If you chose email in your UC account, you will receive documents by email. 
• If you chose postal mail in your UC account, you will receive documents by USPS.  
• If you want to change your choice, you can do it in your UC account or call the Service Center for assistance.
• You can view all documents in your UC account.
• If you want free paper copies after your hearing is scheduled, contact the Referee Office.

• The Referee is neutral. The Referee runs the hearing, listens to both sides, and asks questions to get the facts needed to make a decision.
• You may:
  • Tell your side of the story
  • Submit documents that support your appeal
  • Ask questions of the other party and their witnesses
  • Have a lawyer or another person represent you (at your own expense)
• You will give your testimony under oath or affirmation.
• The hearing will be recorded. You are not allowed to make your own recording.
• The Referee will only allow testimony that relates to the legal issues in the case.
• You must behave respectfully. If you are disruptive, you may be removed from the hearing.
• Weapons are not allowed at the hearing or in any Department of Labor & Industry building.

If a witness refuses to appear or provide evidence, you can write to the Referee Office to ask the Referee to issue a subpoena or make the request in your UC account. A subpoena is a legal order requiring someone to attend or bring documents to a hearing. You will have to serve the subpoena on the witness.

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g., subpoena for a witness or documents)
4. The name and address of the person you want subpoenaed (can be the work address)
5. The reason for your subpoena request (e.g., who the witness is, what the witness will testify to, what documents do you want the other party to bring to the hearing)

Hearings are generally scheduled with parties to attend in person. If you want to attend by telephone, you will need to make a request right away.  Current rules allow phone testimony in most cases.

To ask for a phone hearing, you can make a request in your UC account or write to the Referee Office listed in your hearing notice. You can send the request to the office by mail, email, or fax.

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. telephone hearing)
4. The reason for your request

Hearings may be scheduled by telephone due to needs of the Referee.  If you want to attend in person, you will need to make a request right away. 

To ask for an in-person hearing, you can write to the Referee Office listed in your hearing notice. You can send the request to the office by mail, email, or fax.

When making the written request, include:  

1. Claimant’s name 
2. Docket number 
3. What you are asking for (e.g. in-person hearing)
4. The reason for your request 

No. As a claimant or employer, you can represent yourself before the Referee or the Board. You can also have an attorney or another person represent you (at your own expense).

Need help? Free legal aid might be available. Contact a local legal service organization, bar association, or law school clinic. They may have resources to help you.

Hearings are informal but include witnesses and sworn testimony. They also involve cross-examination, rebuttals, and are recorded. Whether or not you have a representative, the Referee will work to get the facts and conduct a fair hearing.

If you can't attend the hearing as scheduled on your hearing notice, ask the Referee for a continuance right away and provide details of why you cannot attend. If you ask on time and have a good reason, the Referee Office may be able to postpone and reschedule the hearing. If the request is untimely, it may be denied by the Referee.

Send the request to the Referee Office listed on the front of the hearing notice or make a request through your UC account.

Your written request should include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. continuance)
4. The reason for your continuance request

The Referee will decide if you have a good reason for the request.  If the Referee approves the request, you will receive notice and a new hearing will be scheduled.  If you don’t receive notice that your postponement request was granted, assume that the request was denied and appear for the hearing as scheduled.  

To request a subpoena, make a request in your UC account or write to the Referee Office listed on the Notice of Hearing.

If a witness refuses to appear or provide evidence, you can write to the Referee Office to ask the Referee to issue a subpoena or make the request in your UC account. A subpoena is a legal order requiring someone to attend or bring documents to a hearing. You will have to serve the subpoena on the witness.

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g., subpoena for witness or documents)
4. The name and address of the person you want subpoenaed (can be the work address)
5. The reason for your subpoena request (e.g., who the witness is, what the witness will testify to, what documents do you want the other party to bring to the hearing)

If you need help or other accommodation, you can request:

• An interpreter
• Help with hearing, speech, or vision needs
• Other assistance

Contact the Referee Office listed on your appeal notice or request help through your UC account as soon as possible. These services are free.

If you think a conflict of interest would be created if the Referee assigned to your case conducts the hearing, you may tell the Appeals System Administrator. You can write to:

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

Email: ra-li-ucbr-CentralOf@pa.gov

Fax: 717-787-6125

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. the appeal to be assigned to a different Referee)
4. The reason for your request (e.g. why you believe the assigned Referee has a conflict of interest or will not provide a fair hearing)

A party who filed an appeal may withdraw the appeal with the approval of the Referee or Board.

• If the appeal is pending before a Referee, the withdrawal request must be submitted in writing through your UC account or by mail, email or fax to the Referee Office listed on your appeal or hearing notice.
• If the appeal is pending before the Board, the withdrawal request must be submitted in writing through your UC account or by mail, email or fax to the Board.

UC Board of Review
651 Boas St., Room 1116
Harrisburg, PA 17121-0750

Email: ra-li-ucbr-CentralOf@pa.gov

Fax: 717-787-6125

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. withdrawal of your appeal)
4. The reason for your request to withdraw

If the Referee has not yet issued a decision, you can request to reopen the record to add more information by contacting the Referee’s office in writing.

Requests sent before the Referee issues a decision will be reviewed by the Referee. Reopening is possible only for a good reason. If you missed the hearing, provide the reason you missed it.  If you want to present evidence or a witness that was not at the hearing, provide the reason it was not presented at the hearing. To request a reopening, make a request through your UC account or write a letter and mail, email or fax it to the Referee Office that handled the hearing.

If the Referee has made a decision and you plan to appeal to the Board, you should include these points in your appeal. If you missed the hearing, provide the reason you missed it.  Ask for another hearing (remand hearing) and explain why you think it's necessary. Then, the Board will decide on your request.

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. reopen record and remand for another hearing)
4. The reason for your request (e.g. why you missed the hearing or did not present a witness or certain evidence)

Referee decisions are usually made within two weeks of the hearing, and Board decisions often take at least 60-75 days. 

If the Referee approves benefits, it can take 2-4 weeks to get your benefits from the UC Service Center. If you are still totally or partially unemployed, it is important that you continue to file weekly claims for benefits both before and after the Referee’s decision. 

If you didn’t attend your scheduled hearing, you can ask to have the record reopened.

You must make this request in writing. Send it by mail, email, or fax to the Referee Office listed on your hearing notice. Be sure to explain why you missed the hearing. The Referee will decide if your reason is considered good cause.

• If the Referee has not made a decision yet and you had a good reason for missing the hearing, the Referee may reopen the record and allow another hearing.
• If the Referee has already made a decision, your request will be treated as an appeal and sent to the UC Board of Review. The Board will decide what happens next.

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. reopen record and remand for another hearing)
4. The reason for your request (e.g. why you missed the hearing)

Yes. If you think the current testimony isn’t enough and you want to add new evidence, you can ask for another hearing. Additional hearings are granted only for good cause. 

To do this, send a written request to the Appeals System Administrator. Explain why the information already given is incomplete and why you want to add more.

When making the written request, include: 

1. Claimant’s name
2. Docket number
3. What you are asking for (e.g. remand for another hearing)
4. The reason for your request (e.g. why the additional testimony or evidence is necessary and why it was not presented at the first hearing)

Send the request by mail, email or fax 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 grants you another hearing, you will receive a remand order along with a memorandum from the Board.  Read these documents carefully.  They will inform you what the Board is remanding for.  Shortly thereafter, you will receive notice that a hearing has been scheduled before a Referee.  Attend the hearing and bring documents or witnesses who can establish what the Board wants in the memo.  After the remand hearing, the Board will issue its decision.  

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)

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. 

Further Appeal:  If you disagree with the Board's decision, you can ask the Commonwealth Court of Pennsylvania for a review. Filing fees are waived for UC claimants. 

You may file a petition for review electronically via the PACFile appellate court electronic filing system. For information about using the PACFile system, visit the Pennsylvania Courts Web Portal at https://ujsportal.pacourts.us/PACFile/Overview or contact the PACFile Help Desk at 717-795-2097.

The Commonwealth Court provides instructions and a petition for review form on its webpage that can be used to appeal an adverse Board decision to the Commonwealth Court. The webpage can be found at: https://www.pacourts.us/petition-for-review-forms-and-instructions-for-self-represented-parties.

To appeal by mail, you must send your appeal to the following address:

Prothonotary of the Commonwealth Court of Pennsylvania
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 2100
P.O. Box 69185
Harrisburg, PA 17106-9185

You must submit your appeal within 30 days of the Board's decision date.  Appeals are generally filed when the Court receives the appeal, unless you purchase proof of mailing from the post office.    

If you need help with an appeal to the Commonwealth Court, call the Court at 717-255-1650.

Reconsideration:  You may also submit a written request to the UC Board of Review through your online UC account or by mail, email or fax to reconsider the decision.

This request may be submitted 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 address: ra-li-ucbr-CentralOf@pa.gov

Submit the request within 15 days of the decision date. Reconsideration is rare, only for "good cause." The Board can't change credibility determinations. It also won't take new evidence unless it was impossible to present earlier.

Remember: Sending a request for reconsideration to the Board DOES NOT extend the time to file an appeal with Commonwealth Court.