Unemployment Insurance Benefits - 3. Appealing a Denial

This article deals with appealing a denial of benefits.

If you are unemployed, you may be eligible for unemployment benefits in Maryland. The Maryland Department of Labor's (DOL) Division of Unemployment Insurance handles the Unemployment Insurance program. There are four articles in this series with information on eligibility, applying, appealing a denial, and other resources. This article deals with appealing a denial of benefits.

Right to Appeal

There are three levels of appeal:

If a claim for unemployment insurance has been denied by a claims’ examiner, the applicant may appeal the denial to the Department of Labor’s Lower Appeals Division for the claim to be reviewed by a Hearing Examiner.
A decision of a Hearing Examiner that confirms the denial of benefits may be appealed to the Department of Labor’s Board of Appeals.
An applicant may seek judicial review in State court of a decision of the Board of Appeals denying the claims for benefits.

Recommendation: A claimant should continue to submit weekly certifications while a claim is pending on appeal

Initial Appeal to a Hearing Examiner

A claimant who has received a benefits determination letter that denies an unemployment benefit may file an initial appeal with the Lower Appeals Division to have the claim reviewed by a Hearing Examiner.

Form and Substance

An appeal must:

Be in writing;
Be submitted by the claimant or the claimant’s representative (such as an attorney or advocate);
Include:
- The claimant’s name as it appears on the benefits determination;
- The last four digits of claimant’s Social Security Number;
- The date of the benefits determination letter; and
- A brief statement as to why the claimant thinks the determination was incorrect; and
Be signed by the person submitting the appeal.

Where to File Appeal

An appeal to the Lower Appeals Division may be filed either:

Through the Beacon portal
By mail addressed to or delivered in person to:

Appeals Division

1100 N. Eutaw St., Rm 505

Baltimore, MD 21201
By fax to 410-767-2421
By email UILowerAppeals.Labor@maryland.gov
- Filing by email is temporarily permitted due to COVID-19

Deadline to File Appeal

An appeal must be filed not later than 15 calendar days after the date of the benefits determination letter.

An appeal is considered filed when:

It is delivered in person;
If mailed, the date that it is postmarked; or
If faxed or emailed, the date that the fax or email is sent and received.

Review and Consideration of the Appeal

First, the appeal will be scheduled for a hearing before a Hearing Examiner

Claimant will be given written notice of the hearing date and location at least 7 business days prior to the hearing.
A claimant may request in writing a postponement of a scheduled hearing not later than 3 days prior to the scheduled hearing, which will ordinarily be granted if a “good cause” is shown.
The hearing notice will include instructions on how to request a postponement.

Second, the hearing will:

Be open to the public;
Be recorded;
Include as participants:
- The claimant and his or her representative;
- The claimant’s former employer and/or the employer’s representative (if the employer chooses to attend); and
- The Hearing Examiner;
Include questions about the facts relevant to the claim, the employer (if attending), and any other witness; and
Include the opportunity for all parties to question witnesses, to present documents, recordings, and other tangible things as evidence, and to make an oral argument.

Third, the Hearing Examiner will:

Consider all testimony and evidence; and
Issue a written decision, mailed to all parties, that either affirms, modifies, or reverses the benefits determination; the decision will include factual findings and discuss the application of unemployment insurance law.

There is no required time frame within which the Hearing Examiner must issue a decision, though they try to do so as quickly as possible.

For more information, visit the Department of Labor's page on the Lower Appeals Divisions.

Read the Law: Md. Code, Labor and Employment Title 8, Subtitle 5, § 8-806

Read the Regulations: Code of Md. Regulations, Title 9, Subtitle 32, Chapter 11

Appeal to the Board of Appeals

A claimant who does not agree with the decision of a Hearing Examiner can file an initial appeal of that decision with the Board of Appeals.

Form and Substance

An appeal must:

Be in writing;
Be submitted by the claimant or the claimant’s representative (such as an attorney or advocate);
Include:
- The claimant’s name as it appears on the Hearing Examiner’s decision;
- The claimant’s Social Security Number and/or the Lower Appeals Division Appeal Number;
- Telephone number of claimant or claimant’s representative; and
- A brief statement as to why the claimant disagrees with the Hearing Examiner’s decision; and
Be signed by the person submitting the appeal.

Where to File Appeal

An appeal to the Board of Appeals may be filed either:

Through the Beacon portal
By mail addressed to or delivered in person to:

Board of Appeals

1100 N. Eutaw St., Rm 515

Baltimore, MD 21201
By fax to 410-767-2787
By email dluiboardappeals-labor@maryland.gov
- Filing by email is temporarily permitted due to COVID-19

Deadline to File Appeal

An appeal must be filed not later than 15 calendar days after the date of the Hearing Examiner's decision is sent.

An appeal is considered filed when:

It is delivered in person;
If mailed, the date that it is postmarked; or
If faxed or emailed, the date that the fax or email is sent and received.

Review and Consideration of the Appeal

A hearing is discretionary - If the Hearing Examiner's decision affirms Claims Specialist's decision (the initial decision when you filed for unemployment insurance) the Board does not have to hold a hearing. If the hearing examiner's decision differs from the Claims Specialist's decision, the Board will hold a hearing.

First, if necessary, the appeal hearing will be scheduled by the Board the Appeals

The parties—including the claimant and the employer—will be given written notice of the hearing date and location at least 15 business days prior to the hearing.
A party may request in writing a postponement of a scheduled hearing not later than 3 days prior to the scheduled hearing, which will ordinarily be granted for “good cause” shown.
The hearing notice will include instructions on how to request a postponement.

Second, the hearing will:

Be open to the public;
Be recorded;
Include as participants:
- The claimant and the claimant’s representative;
- The claimant’s former employer and/or the employer’s representative (if the employer chooses to attend); and
- 3 members of the Board of Appeals; and
Include review by the Board of the evidence in the Hearing Examiner’s record of the case.

The hearing may include at the Board’s discretion:

The questioning of witnesses by the Board and the parties;
Introduction of additional documents or other evidence; and
Oral arguments made by the parties.

Third, the Board of Appeals will:

Consider the Hearing Examiner’s record and all testimony and evidence received during the Board’s hearing;
Reach a decision on the appeal by majority vote that either affirms, modifies, or reverses the decision of the Hearing Examiner; and
Issue a written decision, mailed to all parties.

For more information, visit the Department of Labor's page on the Board of Appeals and frequently asked questions.

Read the Law: Md. Code, Labor and Employment Title 8, Subtitle 5a

Read the Regulations: Code of Md. Regulations Title 9, Subtitle 32, Chapter 6

Appeal to the Circuit Court of Maryland

An unemployment insurance claimant who has been denied benefits may seek judicial review of the denial only after the claim has been considered by the Board of Appeals. Both the claimant and the employer have the right to seek judicial review.

A petition for judicial review must be filed in the Circuit Court not later than 30 days after the date of the Board of Appeal’s written decision. The Board’s written decision will include an explanation of the right of judicial review. Learn more about appealing an administrative decision.

Recommendation: A claimant should seek advice of an attorney before filing for judicial review.

Read the Rules: Md. Rules, Title 7, Chapter 200

Maryland Unemployment Decisions Digest

The Maryland Unemployment Decisions Digest contains summaries of the Board of Appeals’ decisions and the Appellate Court of Maryland (formerly the Court of Special Appeals) and Supreme Court of Maryland (formerly the Court of Appeals) decisions on the sections of the law most used by hearing examiners. The digest is a valuable tool for those building an unemployment insurance case.

AG Covid Access to Justice Taskforce Logo

This article series was produced by the Economic & Food Security Committee of the Maryland Attorney General's Covid-19 Access to Justice Taskforce.