Can I Appeal A Denial Of Unemployment Benefits In Missouri Or Kansas?
If your claim for unemployment benefits was denied, it does not mean the end. You may still have a viable appeal. Denial is not all that unusual. In fact, there is a process that allows a worker to appeal this initial decision. Contact an unemployment lawyer right away to discuss your options.
If you are looking to appeal a denial of benefits in Missouri or Kansas, I can help. As an experienced and knowledgeable attorney, I, Michael. J. Joshi, can guide you through every step of the appeals process. At The Law Office of Michael J. Joshi, my goal is to help you obtain the unemployment benefits you need and deserve.
Missouri Appeals Process
If you lost your job through no fault of your own, meet certain minimum income requirements and are actively seeking employment, you may be eligible for unemployment benefits through the state of Missouri. If you made a claim and were denied, I can help you file an appeal, which typically must be made within 30 days of the denial.
After filing a timely appeal, your case will then go to the unemployment appeals administrative tribunal. In many cases, the appeal itself is heard over the phone, but a hearing can also be requested. At the hearing, you can call witnesses and give sworn testimony in front of an administrative law judge. The judge then decides if you are eligible for benefits. The judge makes this decision on his/her own rather than relying on the previous decision.
If the appeals tribunal also denies your benefits, you may appeal the decision to the Labor and Industrial Relations Commission. While you face an uphill battle at this point, the commission may overturn the denial. If you lose here, you still have the option of appealing to the Court of Appeals if you choose to do so.
Kansas Appeals Process
No matter how viable your case for benefits may be, that argument will not be heard if the appeal is not filed in writing within 16 days of the mailing of the initial Notice of Determination.
During the first appeal, no consideration is given to the initial determination. As your lawyer, I will approach the appeal as if the prior proceeding had never occurred. The appeal may be compared to a minitrial in that testimony will be taken, documents will be presented into evidence and an official record of the proceeding will be established. It is vital to include all evidence at this initial appeal, as any future appeals will not allow additional factual evidence.
If the referee who rendered the decision in the initial appeal again denies benefits, the next step is the Employment Security Board, who will review the record that was created at the initial appeal. This is the final stage of administrative actions and the only other remedy for another denial is to bring an action in district court.
Don’t attend your unemployment hearing without proper legal representation. Contact me for the help you need.
Arrange For A Free Initial Consultation
To discuss about appealing a denial of benefits in Missouri or Kansas, contact me today at 913-428-0199 or send a message online using the form on this website. I offer free initial consultations. Evening and weekend appointments are available upon request.