If I Am Denied Benefits, How Do I File An Appeal?

Home English FAQs Labor and Employment North Carolina

If I Am Denied Benefits, How Do I File An Appeal?

You can file an appeal to the first and second level decision in person at your local ESC office, via mail to ESC, attn.: Appeals Department, PO Box 25903, Raleigh, NC27611 or by email to esc.public.appeals@ncmail.net. Appeals to Commission decisions must be filed via a petition for judicial review the Clerk of the Superior Court. The Commission must be served with copy of such petition. Either the claimant or the employer may appeal the nonmonetary determination and request a formal hearing. Information about the time and date of the appeals hearing and the appeals process itself is mailed to each interested party well in advance of the scheduled hearing. Interested parties may bring documents related to the case and witnesses to the appeals hearing. All interested parties should attend the appeals hearing regardless of the outcome of the nonmonetary determination. The Appeals Referee's decision, which replaces the previously issued nonmonetary determination, is based solely on sworn testimony and evidence presented at the appeals hearing. Either party may appeal the Appeals Referee's decision to the Employment Security Commission. Although the Commission will not allow any new evidence or testimony to be introduced into the record, it may allow interested parties to make oral arguments. Normally, the Commission will issue a decision that either affirms or reverses the Appeals Referee's decision. However, the Commission may, on occasion, remand a case back to the Appeals Referee for additional testimony and/or a new decision. A Commission decision becomes final in 30 days unless an interested party files a petition for judicial review in Superior Court. For additional information about the adjudication, hearing and review processes, read the "Procedures for Appealing an Adjudicator's Determination" and "Procedures for Appealing Decisions by the Appeals Referee and the Employment Security Commission" pamphlets. You may obtain copies of the pamphlets at any local office of the Employment Security Commission. If you have questions about the processes, contact your local office or call the Adjudication Unit at (919) 7337474, Appeals Department at (919) 7334887, or the Legal Department at (919) 7334636.

Other North Carolina Labor and Employment FAQs

Q: How Do I File A Claim For Unemployment?
A: You may file a claim for unemployment insurance benefits at the nearest Employment Security Commission local office. For a complete listing of local offices, refer to … More
Q: What Happens Once I File A Claim?
A: After you file your new claim, you will be mailed Form NCUI 550, Wage Transcript and Monetary Determination. This form shows the employer(s) for whom you worked during … More
Q: How Much Money Can I Receive From Unemployment?
A: You can Estimate Your Potential Benefits Online. Your weekly benefit amount and the number of weeks of entitlement to benefits are based on the wages you were paid and … More
Q: What Is Duration Of Benefits?
A: Duration is the number of weeks a claimant can receive the full weekly benefit amount. Minimum duration is 13 weeks; maximum duration is 26 weeks. Duration is … More
Q: Can I Work Part Time And Still Receive Benefits?
A: Claimants are encouraged to accept parttime work while looking for permanent, fulltime employment. The earnings allowance is the maximum amount a claimant … More
Q: How Do I File For Continued Weekly Benefits?
A: File for weekly unemployment benefits online.
Q: What Is Unemployment Insurance Tax?
A: Unemployment Insurance tax is a tax on employer payrolls paid by employers and used to provide funds from which unemployment benefits are paid to qualified unemployed … More
Q: How Do I Apply For A North Carolina Unemployment Tax Number?
A: Each employer in the state of North Carolina must complete Form NCUI 604, Employer Status Report and submit this form for a determination of liable status. You can … More
Q: How Are Tax Rates Determined?
A: North Carolina Unemployment Insurance tax rates are determined under an experience rating system. Employers subject to North Carolina unemployment tax pay quarterly … More
Q: How Does An Employer Report Wages And Pay Taxes?
A: Form NCUI 101, Employer's Quarterly Tax and Wage Report is used to report wage and tax information. Liable employers are mailed one form to cover the first quarter … More