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

By: LawInfo
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.

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