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If I file an appeal of a decision, do I need an attorney? Will the appeal process stop my unemployment benefits? Should I continue to file for payment if I am denied benefits? I did not receive the appeal hearing notice and did not attend the hearing. What should I do? For more information about the appeals process, read Publication AS-52, The Appeals Process, or call UI Appeals at 303-318-9299 (Denver-metro area) or 1-800-405-2338 (outside Denver-metro area). If I file an appeal of a decision, do I need an attorney? You are not required to have an attorney to participate in the appeal hearing, which is an administrative proceeding. The majority of parties do not have an attorney representing them. However, only you can decide whether you need an attorney. The UI Program does not provide an attorney for hearings. Will the appeal process stop my unemployment benefits? If the UI Program grants you UI benefits, an appeal does not stop UI benefit payments as long as you continue to meet all other requirements. However, if a UI Program decision grants you UI benefits and an appeal changes the decision to a disqualification or disallowance, you may need to repay the UI benefits you received.Should I continue to file for payment if I am denied benefits? If the UI Program denies you UI benefits, you may appeal that decision. If you file an appeal, do not stop filing for UI benefit payments and continue to meet all other requirements. As long as you are disqualified, you will not receive any payments. However, if an appeal changes the decision in your favor, you may be entitled to receive payment for the weeks claimed during the appeal process.I did not receive the appeal-hearing notice and did not attend the hearing. What should I do? If you do not participate in the hearing as the nonappealing party, the hearing officer holds the hearing as scheduled if the appealing party participates. The hearing officer then issues a written decision based upon the testimony and evidence provided by the appealing party. UI Appeals mails you a copy of the hearing officer’s decision. If you do not agree with the decision, follow the appeal instructions found at the end of the hearing officer’s decision. If you do not participate in the hearing as the appealing party, the hearing officer dismisses the hearing regardless of whether the nonappealing party attends the hearing; the deputy’s decision remains in effect. The hearing officer issues Form AS-7a, Notice of Dismissal for Failure to Participate, and you (the appellant) have 15 calendar days, from the date of the dismissal notice, to appeal the dismissal. Your appeal must include an explanation or reason for your failure to participate in your hearing. If you establish good cause, UI Appeals reschedules the hearing and notifies all interested parties of the new hearing date and time.For more information about the appeals process, read Publication AS-52, The Appeals Process, or call UI Appeals at 303-318-9299 (Denver-metro area) or 1-800-405-2338 (outside Denver-metro area).
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