APPEALING A DECISION ABOUT BENEFITS
If you disagree with a decision on your unemployment benefits, you can file an appeal. Both claimants and employers have the legal right to appeal if they disagree with the Department of Employment Services (DOES) on a decision.
The Appeals Unit of the Office of Unemployment Compensation represents the agency in Benefit Appeal hearings on first-level eligibility determinations for unemployment benefits. These determinations are the first decisions made by claims examiners before the formal appeals process begins.
You can find the appeal form here.
WHERE TO FILE YOUR APPEAL
You must file your appeal with the Office of Administrative Hearings (OAH). The OAH is not part of DOES. You cannot file your appeal at a DOES One-Stop Center or any other DOES office.
You may file an appeal by mail, in person, by fax, or by email:
- By Mail or In Person. You may file an appeal in person, weekdays between 9:00 AM and 5:00 PM (you will need a photo ID to enter the building), or by mail at the following address:
Office of Administrative Hearings
One Judiciary Square
441 Fourth Street, NW, Suite 450 North
Washington, DC 20001-2714
- Fax. You may file an appeal by fax to (202) 442-4789. If possible, please include a copy of the Claims Examiner’s Determination or other written decision you are appealing. Faxes received after 5:00 PM or on any non-business day are considered “filed” on the next business day. An appeal sent by fax will not be filed unless it is complete and legible when received.
- Email. You may file an appeal by email to [email protected]. If possible, please attach a scanned copy of the Claims Examiner’s Determination or other written decision you are appealing.
RULES TO FOLLOW WHEN FILING AN APPEAL
Here are the rules you need to follow when filing your appeal:
- Your appeal must be either postmarked by the U.S. Postal Service (not a private postage meter) or received by the Office of Administrative Hearings within 15 calendar days of the date DOES mailed the Claims Examiner’s Determination to you. The date of mailing is usually stated on the Claims Examiner’s Determination. The deadline runs from the date DOES mailed the Determination to you, not from the date you received it.
- If the Claims Examiner’s Determination was NOT mailed to you, or if it was not mailed to your correct address, you must file within 15 calendar days of actual delivery of the Claims Examiner’s Determination.
- If the 15-calendar-day filing deadline falls on a Saturday, Sunday, or a legal holiday, the deadline is extended to the next business day.
- The appeal deadline may be extended if an administrative law judge finds “good cause” or “excusable neglect” for a delay. It’s the responsibility of the person filing the appeal to prove at the hearing that there was a good reason for the delay. If you file an appeal late without a good reason, your case may be dismissed.
The Rules of Procedure for the Office of Administrative Hearings may be found at oah.dc.gov and in the Office of Administrative Hearings Resource Center.
For more information about this document or filing an appeal, please call (202) 442-9094 or visit the Office of Administrative Hearings weekdays from 9:00 AM to 5:00 PM at this address:
Office of Administrative Hearings
One Judiciary Square
441 Fourth Street, NW – Suite 450 North
Washington, DC 20001-2714