If the Oklahoma Employment Security Commission denies your claim for unemployment insurance benefits, you can challenge that decision by filing an appeal. If you win your appeal, you will be eligible for retroactive benefits, back to the date when your claim should have been granted. (To get retroactive benefits, you must keep filing weekly claims while your appeal is pending, as explained below.)
After you file your initial claim for unemployment benefits, the Oklahoma Employment Security Commission will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive each week. If the Oklahoma Employment Security Commission finds that you are not eligible for benefits, you can appeal that decision. And, if the Oklahoma Employment Security Commission finds you eligible to receive benefits, your former employer can appeal that decision.
How and When to File an Appeal of Denial of Benefits in Oklahoma
You can appeal a decision by the Oklahoma Employment Security Commission by mail, fax, phone, or in person to the Oklahoma Employment Security Commission, Appeal Tribunal. You can find contact information in your Notice of Determination; for details about the hearing and appeal process, see the Appeals for Individuals page of the Oklahoma Employment Security Commission website. You must appeal within 10 calendar days of the mailing date of the Oklahoma Employment Security Commission decision.
The written determination from the Oklahoma Employment Security Commission is a great place to look for more information on filing an appeal. It may include instructions, deadlines, an appeal form, and/or a link to an online portal for filing an appeal. You can also check the Oklahoma Employment Security Commission website and the Informational Booklet for Workers Who Are Unemployed for instructions and forms for filing an appeal.What You Should Include in Your Appeal
In your appeal, you should explain why you believe the decision to deny you benefits was wrong. For example, if the written determination found you ineligible for benefits because you were fired for misconduct, you will need to offer facts showing that conclusion is incorrect. Perhaps you were actually laid off for lack of work, or your job was eliminated when the company downsized, for instance.
Your state may have a form that you can fill out to file your appeal, or you may be able to file an appeal online. Be sure to provide all of the information requested on the form or instructions, such as your Social Security number, any claim number included in your determination, and the date you are filing your appeal.
What Happens After You File Your Appeal?
Once it receives your appeal, the Oklahoma Employment Security Commission, Appeal Tribunal will contact your former employer and give them a chance to submit a response. The Oklahoma Employment Security Commission, Appeal Tribunal will also likely set a date and time for a hearing on your appeal. The hearing may be by phone or in person.
You and your former employer will have a chance to present evidence. You may have to provide this evidence before the hearing, or you may present it at the hearing itself. (How and when you should present your evidence will be determined by your state’s hearing and appeal rules.) For example, you may want to submit documents showing your rate of pay or other proof that you earned enough to meet your state’s monetary eligibility requirements. Or, you may want to provide documents or witness statements (either in writing or in person at the hearing) showing that you were fired for a reason other than misconduct.
After the hearing, the Oklahoma Employment Security Commission, Appeal Tribunal will notify you and your former employer of its decision. If you are denied benefits again, you can appeal that decision. You can find information on filing this second-round appeal at the Oklahoma Employment Security Commission appeals page; the written decision denying your initial appeal may also include a form and/or instructions for filing an appeal.
Claim Your Weekly Benefits During the Appeal
You should claim your weekly benefits while you are appealing the decision and for as long as you remain unemployed, even if the decision found you ineligible for any benefits. Make sure you follow all of the rules that apply to those receiving benefits, such as performing a work search. That way, if you win the appeal, you will be eligible for retroactive benefits, dating back to when your claim was initially denied. For information about weekly benefit certification, see What Do I Have to Do to Keep Receiving Benefits?