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Frequently Asked
Questions About Unemployment Appeals
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What do I do if my appeal is untimely?
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How long will the appeal process take?
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Will there be a hearing at the Industrial
Claim Appeals Office?
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What is an "appeal brief?"
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Do I need to type my brief, or is it
permissible to submit handwritten information?
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Do I have to file a brief?
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Do I have to send a copy of my appeal brief
to the other side?
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Do I have to send back my copy of the
transcript after reviewing it?
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If I don't file a brief, will my chances of
losing the appeal increase?
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Do I need an attorney?
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If I move and notify the Unemployment
Insurance Benefits Section of my new address, do I also need to notify the
Industrial Claim Appeals Office?
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Should I continue to
file for benefits during the appeal process?
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Will my benefits automatically stop now that
an appeal has been filed by my employer?
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If my benefits are denied, will I have to
pay back what I have received?
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I'm working now (and not filing for
benefits), so should I care if my benefits are denied?
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If I lose the appeal, can I appeal further?
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How can I obtain copies of Industrial Claim
Appeals Panel decisions?
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Where can I obtain copies of the Colorado
Employment Security Act and the Regulations Concerning Employment Security?
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What if I
cannot afford an attorney, who can I contact?
1. What do I do
if my appeal is untimely?
An appeal of a hearing officer's decision must be received by the Industrial Claim Appeals Office within 20 calendar days of the date
of the decision. If the 20 days has passed, but you still want to file
an appeal, you must show good cause for the untimely appeal. You may
file an untimely appeal by mailing a written statement indicating you are
appealing to: ICAO, PO Box 18291, Denver, CO 80218-0291. You may also fax a
written statement indicating you are appealing to: ICAO (303)
318-8139.
You must describe in detail why the appeal is
late.
Please include: 1.
the claimant's name and social security number, AND, 2. the docket number,
AND, 3. a copy of the decision you are appealing OR the date of the decision
you are appealing.
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2.
How long will the appeal process take?
The length of time it takes to resolve the appeal depends on how many
appeals are pending, as well as individual factors, such as the time required to
prepare a transcript, the complexity of the issues involved, whether the
parties file briefs, and whether extensions of time are needed for filing
briefs. In most cases, the Panel issues an order within two or three months
after the date an appeal is received.
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3. Will there be a hearing at the Industrial Claim Appeals Office?
The Industrial Claim Appeals Panel will not
conduct a hearing. The Panel's review of the case will be based solely on a
review of the record made before the hearing officer, as well as the parties'
written arguments. You may not submit new
evidence to the Panel. Any evidence that was not presented at the
hearing will not be considered by the Panel. After reviewing the case, the Panel will issue a
written decision which will be mailed to the addresses on file for the parties.
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4.
What is an "appeal brief?"
A brief, or written argument, is nothing more
than a written statement of the reasons you disagree with the
hearing officer’s decision. There is no particular format that must
be followed when submitting a written argument. Most parties simply
write a letter in which they outline the issues they wish the Panel
to consider. Appropriate issues to raise in the written argument
may include:
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The hearing officer failed to give
sufficient weight to certain evidence introduced at the hearing.
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The hearing officer improperly ruled against
requests you made during the hearing.
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The decision is not supported by the facts.
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The decision is incorrect as a matter of
law.
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Other issues you may have with the decision
or how the hearing was conducted.
If there are specific examples in the
transcript that support your position, be sure to refer to them by
page number in your statement. A written argument is NOT an
invitation to submit “new” evidence that was not presented at the
hearing. It IS your opportunity to present statements based
on the evidence reflected in the transcript that point out the
factors the Panel should consider in making their decision. In
other words, this is your chance to say why you feel the hearing
officer’s decision should be changed or should stay the way it is.
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5.
Do I need to type my brief, or is it permissible to submit handwritten
information?
You are not required to type what you submit. Handwritten
statements are acceptable, as long as they are legible.
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6.
Do I have to file a brief?
The parties to an appeal before the Industrial Claim Appeals
Office do not have to file a brief. A brief is your opportunity to
provide the Panel with a more detailed or specific explanation of why you feel
the hearing officer’s decision should be reversed or affirmed.
If you are the appealing party, and have nothing to add to the
explanation in your initial appeal statement, you may decide that a brief is
unnecessary.
If
you are the opposing party, you will be mailed a transcript along with notice of an initial opportunity to
file a brief in support of the hearing officer’s decision. If the appealing party files a brief, the opposing party will
also be given an opportunity to file a second brief in response to the
appealing party’s brief. However,
if the appealing party does not file a brief, the opposing party will not have
another opportunity to file a brief. Therefore,
if the opposing party has arguments to make in support of the hearing officer’s
decision, they should file a brief when they receive the
transcript and initial Notice of Opportunity to File Brief. The opposing party
may, however, determine that a brief is unnecessary and elect not to file a
brief.
Example:
An employer disagrees with the hearing officer’s decision in a
particular claimant's
case, and timely submits an appeal to the Panel. A “Notice of
Appeal to Industrial Claim Appeals Panel” is sent to both parties,
and the claimant is also sent a copy of the employer’s appeal
letter. A transcript is prepared and mailed to both parties, and
both parties then have an opportunity to file a brief. If the
employer
files a brief, the claimant will be sent a copy of the employer’s
brief, and will then have a chance to file a response. If the
employer does not file a brief, and the claimant failed to file
a brief during the initial briefing period, the claimant
would have no other opportunities to file a brief.
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7.
Do I have to send a copy of my
appeal brief to the other side?
No, you do not need to send a copy of your appeal brief to the other
side. The Panel will send a copy of the appealing party's
brief to the opposing party, so that party can file a response
brief.
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8.
Do I have to send back my copy of the transcript
after reviewing it?
You do not have to send back your copy of the transcript. The
Panel has its own copy of the transcript and will refer to it in
considering the appeal.
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9.
If I don't file a brief, will my
chances of losing the appeal increase?
You will not be penalized for failing to file a brief.
However, we do not keep statistics which show whether the chances of
losing the appeal are greater when no brief is filed.
If you are unsure of whether to file a brief, you should probably file
one.
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10. Do I need
an attorney?
You are not required to be represented by an attorney. Parties have the
right to be represented by an attorney or other individual, but whether you
obtain representation is up to you.
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11. If I move
and notify the Unemployment Insurance Benefits Section of my new address, do
I also need to notify the Industrial Claim Appeals Office?
Even if you notified the Benefits Section of your new address, to ensure
that you receive items mailed to you by the ICAO, also notify the ICAO of
your new address.
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12. Should I continue to file for benefits during the appeal process?
Claimants who are appealing a denial of benefits
should continue to file bi-weekly claims for benefits. You must also continue to meet eligibility requirements. To remain
eligible, you must be unemployed, be able to work and available for work, and
you must be searching for work. If
you win your appeal, you will be paid for only those weeks for which you filed
a bi-weekly claim.
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13.
Will my benefits automatically stop now that an appeal has been filed by my
employer?
Your benefits will not be stopped when an
employer files an appeal of an award. Claimants should continue to file
bi-weekly claims for benefits. You also must continue to meet
eligibility requirements. To remain eligible, you must be unemployed, be
able to work and available for work, and you must be searching for work.
If the employer wins the appeal, your benefits will be stopped and you
may be asked to repay benefits you already have received.
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14. If my benefits are denied, will I have to pay back what I have received?
Your entitlement to unemployment benefits based on
the wages you earned
from a particular employer is determined by the reason you separated from that employer. If you are
disqualified based on your separation from a particular employer, you may
have to repay the benefits you have already received based on that employment. You
can find out what effect a disqualification will have on your claim by
contacting the Division of Employment, Customer Service/Benefits. Their
telephone number in the Denver area is: (303) 318-9000. Outside the Denver
area, you may call toll-free: 1-800-388-5515.
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15. I'm working now (and not filing for benefits), so should I care if my
benefits are denied?
Entitlement to benefits based on wages earned
from a particular employer is determined by the reason for separation from
that employer. If you are
disqualified based on your separation from a particular employer, you may
have to repay what you have already received based on that employment. You
may determine what effect a disqualification will have on your claim by
contacting the Division of Employment, Customer Service/Benefits. Their
telephone number in the Denver area is (303) 318-9000, or toll-free at 1-800-388-5515.
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16. If I lose
the appeal, can I appeal further?
Final orders of the Panel can be appealed to the
Colorado Court of Appeals. Instructions for filing an appeal are
at the end of each Final Order the Panel issues.
Please remember that an appeal to the Colorado Court of Appeals must
be RECEIVED BY the court within 20 days of the date the Final Order
is issued.
The Court has a
number of specific procedures you must follow if you wish to file an
appeal, and a specific form for appeals of unemployment cases. You
may access that form and the Court procedures online.
Colorado Court of Appeals Procedures and Forms
If you have
questions about how to file an appeal with the Court of Appeals, you
may contact the Court at (303) 837-3785. The
Court also has an online document available to assist you.
Colorado Court of Appeals
ICAO Appellate Checklist
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17.
How can I obtain copies of Industrial Claim Appeals Panel decisions?
By law, information obtained by the Department of
Labor and Employment concerning a claim for unemployment benefits may not be
released, except to the parties involved. Consequently, decisions of
the Industrial Claim Appeals Panel in an unemployment case are available
only to the parties involved in that case.
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18.
Where can I obtain copies of the Colorado Employment Security Act and the
Regulations Concerning Employment Security?
The Colorado Employment Security Act (CESA) is the section of the Colorado
statutes which governs the unemployment insurance program. The Regulations
Concerning Employment Security are the Department of Labor and Employment's
regulations governing the unemployment insurance program. Printed copies of
each may be obtained by calling the ICAO at (303) 318-8133. Copies may
also be obtained from
Customer Service/Benefits at (303) 318-9000 in the Denver area, or toll-free, 1-800-388-5515.
The CESA and the regulations are also available on-line.
Colorado Employment Security Act (CESA)
Regulations Concerning Employment Security
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19. What if I cannot
afford an attorney, who can I contact?
If you are in need of legal assistance and cannot afford an attorney you may
wish to contact Colorado Legal Services at the following site:
www.ColoradoLegalServices.org
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