What happens during an appeal to the Board of Review?

If you did not receive the outcome you had hoped for after your PA UC referee hearing, you have an additional appeal to the UC Board of Review. There are 15 days to file an appeal to the Board of Review after the UC referee has mailed their decision. The Referee’s Decision and Order will include instructions on filing an appeal to the Board of Review. An appeal can be filed simply by writing a letter providing your case information and the reason for your appeal.

It is often helpful to seek an attorney to file an appeal so they can clearly and correctly cite the applicable law that applies to the claim and establish a legal argument on why an employee should receive unemployment benefits based on PA UC Law.

No further hearings are conducted after the referee hearing. In fact, the referee hearing is generally the only opportunity for the Claimant and employer to admit evidence into the record. While a request for a remand hearing to take further testimony or evidence on an issue is permitted in some cases, it is rarely granted by the Board of Review.

Additionally, a party can request the Board’s permission to submit a legal brief to aid the Board in deciding the case. Submitting a brief can help maximize your chances of successfully appealing a case since a brief with summary of facts, statement of issues, and legal argument would be outlined in a organized fashion for the Board to review when they examine the case.

The Board of Review is a three-member panel that decides UC appeals after the referee hearing. The Board of Review will review the record and determine if the referee’s findings of fact and conclusions of law are supported by the testimony and evidence of the parties.  The Board of Review will receive a transcript of the referee hearing to read and they will also look at all of the documents and exhibits that are part of the record. Once an appeal is filed with the Board of Review, it often can take up to 75 days before the Board issues a decision.

If you are interested in filing an appeal to the Board of Review, please contact me at (484) 362-9286 to discuss your case.

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