There are approximately 4 to 5 different types of unemployment appeals. Each level of the appeal process has a different set of rules, goals and procedures.
In my experience, half the battle is identifying a rule that supports a case and using facts or evidence to help the judge see why or how an applicant should be eligible for benefits.
Because each level is very different, I wanted to offer a short post on the different types or levels.
Application Stage: Level 0
When viewing unemployment appeals from afar, too many people forget about level 0. Level 0 is the application and submission process. In other words, the first step towards acquiring benefits.
Although Level 0 isn’t technically an appeal, every applicant and employee should view the application process as the first opportunity for proving eligibility.
Level 1 of the Unemployment Appeal Process
Level 1 is the first real appeal and requires presenting evidence and testimony to an unemployment law judge. This type of an appeal is usually conducted by phone and judged by a preponderance of evidence.
Although some people are anxious about meeting with a judge, the real issue is determining what needs to be stated and why.
Unemployment Appeals: Level 2
Level 2 or the second type of appeal is called a Request for Reconsideration. As the previous link outlines, this type of an appeal is limited to words on paper.
For this reason, taking time to draft quality responses and facts applicable to the various issues can help a judge reverse or modify an unfavorable decision.
Court of Appeals and Level 3
When the phone appeal and reconsideration process is unfavorable, some parties make the decision to appeal a third time. When filed correctly, a level 3 appeal is reviewed by Minnesota’s Court of Appeals.
This type of appeal can appear tricky or complicated because it requires filing specific documents under strict deadlines.
Appealing to Minnesota’s Supreme Court
The last type of appeal for unemployment benefits is an appeal to Minnesota’s Supreme Court. Very few cases are heard by the Supreme Court because the Court is not required to hear a case.
The real value of knowing about this type of appeal is to highlight the significance of an application and phone hearing.
How Can An Unemployment Lawyer Help?
Attorney Jasper Berg