In this tutorial you will have a guide on the appeals process. Whether you’re wondering about filing an appeal or about an appeal notice you’ve received, you probably have some questions.
Here what you need to know about the appeals process. If a determination was made to deny you benefits, you have the right to file an appeal.
If a determination involving a former employer approves benefits, that employer has the right to appeal. To request an appeal, you must write a letter asking for an appeal of the decision.
Office of Appeals
You may mail it or fax it to the Office of Appeals. Be sure to include your:
- Social Security Number
- Current Address
- Phone Number.
The time limit for filing an appeal is within sixteen calendar days of the mailing date of the determination.
If you file your appeal after the deadline, you should explain why the appeal letter is late.
Submit Supporting Documents
Remember to submit any supporting documentation you feel will help your case, preferably when you file your appeal request.
Otherwise you can submit them by mail or fax. If you submit the documentation after the appeal letter has been filed, you must also send the documentation to the opposing party by 1:00 p.m. the business day prior to the hearing.
After you request a timely appeal, a notice of the date and time of your hearing will be mailed to you along with instructions with how to prepare for your hearing and additional documentation necessary for the hearing.
Please review this information carefully. Hearings are held by telephone with an appeals referee.
Be sure to continue to file your weekly claims if you’re out of work while you wait for the notice.
Instructions for the hearing
The instructions for the hearing include calling the Office of Appeals to confirm the hearing and provide KDOL with the phone number where you and any witnesses can be reached for the hearing. Even if you have previously provided KDOL with a telephone number, you must call the Office of the Appeals by the 1:00 p.m. the business day prior to the hearing in order to provide the telephone number at which you wish to be contacted for the hearing.
It is important that you participate in the hearing because the decision will be based on information provided at the hearing. Failure to take part in the hearing may result in a decision against you. It is the appeals referee’s decision whether you will or will not receive benefits.
If you have good cause to postpone the hearing, you may request it be rescheduled or continued.
The request must be made in writing by 1 p.m. the business day prior to the scheduled hearing.
The appeals referee will determine whether or not to grant your request. If you are not told that the request is granted, you should assume the request is denied and be prepared to participate in the hearing at the originally scheduled date and time. All parties that have called the office of appeals to provide witness names and telephone number by 1:00 p.m. the business prior day to the hearing will be called by the appeals referee assigned to the appeal at the time of the hearing.
Translation Services + Disability Assitance
Translation services or disability assistance will be provided upon request.
Be prepared for the hearing
The referee will gather testimony from the parties at the hearing and review documentation. Have all necessary documentation with you at the time of the hearing.
A decision will be issued and mailed to you as soon as possible after the hearing. If you disagree with the decision you may request an appeal by the Employment Security Board of Review.
Note that this is not a new hearing but a review of the initial hearing and the documentation presented at that time. The Board of Review will examine all the testimony and evidence to determine if a proper decision was made.
You may appeal the Board’s decision to the District Court and up through the Kansas Court of Appeals and Kansas Supreme Court if you desire. These additional appeals are at your expense.
Additional information explaining the appeals process is available online at GetKansasBenefits.gov under Frequently Asked Questions.
Thank you for reading and have a great day.