File an Appeal
- To File Your Appeal
Either the employer or the claimant may appeal a Determination of Eligibility if the Determination of Eligibility is not in their favor. This is done by requesting a hearing before an Administrative Law Judge.
Indiana state law requires that in order to file an appeal for a hearing in front of an Administrative Law Judge you must do the following within 10 days from the “sent” date on the Determination of Eligibility
- Legibly write or type the reasons why you disagree with the Determination of Eligibility.
- Sign your name and indicate whether you are the claimant or the employer.
- Be sure to include your mailing address and telephone number on all correspondence that you send. Claimants must also include the last four numbers of your social security number.
- Include a copy of the Determination of Eligibility that you are appealing.
- File the appeal within ten (10) days from the date your "Determination of Eligibility" was sent by one of these methods:
- Mail the appeal to 10 North Senate Avenue, Indianapolis, IN 46204;
- Fax the appeal to (317) 233-6888;
- Deliver the appeal in person to the Department at 10 N. Senate Ave., Indianapolis, IN 46204. Tell the Indiana Department of Workforce Development representative that you want to file an appeal.
NOTE: Please keep documentation of the date you sent in your appeal (example: fax confirmation sheet).
- Preparing For Your Appeals Hearing
Hearings generally occur within 8-10 weeks of the date you file your appeal. You will receive a Notice of Hearing at least 10 days before the date of your hearing that will have important instructions for you. NOTE: Due to COVID-19, it is currently taking longer to hold hearings. We are taking many measures to return to the 8-10 week time frame. If you requested a hearing and no longer wish to have an appeals hearing, please notify the Department immediately to ensure an efficient operation of the appeals department.
You have the right to be represented by an attorney at the hearing, but it is not required.
You must do these things prior to your hearing: (PLEASE NOTE THAT THERE ARE DIFFERENT INSTRUCTIONS FOR CLAIMANTS AND EMPLOYERS)
- For employers, return the second page of the Notice of Hearing (also known as the “Acknowledgment Sheet”) indicating that you wish to participate in the hearing, and provide a telephone contact number.
- For claimants, at the scheduled date and time of your hearing, the judge will call you at the telephone number listed on the Acknowledgment sheet. If this telephone number is not correct, please return the Acknowledgment Sheet with your updated telephone number at least 48 hours prior to the hearing.
You can deliver the Acknowledgment Sheet by mail, fax or in person, and it must be received at least 48 hours before the hearing.
NOTE: If you are an employer or the telephone number listed on the claimant’s Acknowledgment Sheet is incorrect, it is critical that you return this Acknowledgment Sheet. Most hearings are scheduled as telephone hearings where the Administrative Law Judge calls both parties. The telephone number on your initial notice of appeal is not sufficient to guarantee that you will be called. You may call the judge’s clerk 48 hours before the hearing to confirm your telephone number. If you leave a message, include your telephone number with area code, the judge’s name, your name, and case number.
- The Appeals Hearing
The Administrative Law Judge will follow general rules of trial procedure and evidence. However, the claimant and employer are not required to have an attorney. Because of this, the Administrative Law Judge will assist both parties in understanding the process and procedure. The Administrative Law Judge will also answer any questions you have about the process or procedures before or during the hearing.
If you filed the appeal, you must attend the hearing or your appeal will be dismissed.
If your case is being heard by telephone, this means that you must be available for the telephone call when the Administrative Law Judge tries to contact you. The Administrative Law Judge will make at least one attempt to reach you. Here are helpful tips for the telephone hearing:
- Administrative Law Judge calls generally show on caller ID as “Blocked” or “Number Unavailable.”
- If you have Privacy Manager or some other call screening system, please be sure that it is disabled prior to the hearing.
- Ensure that your telephone is sufficiently charged, has an audible ringer, and is otherwise operational prior to the time of the hearing.
- Although the Appeals Division makes every effort to be timely in starting hearings, it is possible that the Administrative Law Judge has been delayed by a prior hearing.
All hearings are digitally recorded. The Administrative Law Judge will review all of the evidence presented at the hearing and will issue a decision. The decision will be sent to each party, generally within ten (10) business days of the date of the hearing.
- What if I am not satisfied with the Administrative Law Judge Decision?
The Administrative Law Judge’s decision will become final unless it is appealed to the Review Board within fifteen (15) calendar days after the date the decision was sent. Ind. Code § 22-4-17-3(b).
If you wish to appeal, you, or a legal representative, must do all of the following:
- Legibly write or type your appeal. Please explain why you disagree with the Administrative Law Judge's decision.
- Sign your name and indicate whether you are the claimant or the employer.
- Be sure to include the case number, your current mailing address, and your telephone number on all correspondence that you send.
- If you have additional information or documents that were not available for your hearing with the Administrative Law Judge, please include that with your appeal. You must explain why the information or documents were not provided to the Administrative Law Judge.
- The Review Board will review all documents submitted with your appeal. The additional documents that you include with your appeal are not automatically considered evidence.
- It is within the Review Board’s discretion whether it will accept documents as additional evidence. 646 IAC 5-10-11(b).
- You must file your appeal with the Review Board by one of these methods:
- Mail the appeal to ATTN: Review Board, 10 North Senate Ave., SE018, Indianapolis, IN 46204.
- Fax the appeal to (317) 233-3348.
- Deliver the appeal in person to the DWD Lobby at 10 N. Senate Ave., Indianapolis, IN 46204.
NOTE: Please keep documentation of the date you sent in your appeal (example: fax confirmation sheet).
Additional FAQs
Q: How long will the process take?
A: The time it takes for the Review Board to reach a decision depends on its volume of cases. Although, on average, the Review Board will issue a decision in 3-6 weeks from when your appeal was filed.Q: Will there be a hearing before the Review Board?
A: The Review Board does not regularly hold hearings, but it may do so at their discretion. If the Review Board decides to hold a hearing, you will receive a Notice of Hearing. Ind. Code § 22-4-17-5.Q: The opposing party failed to appear for the Administrative Law Judge's hearing. Why are they entitled to file an appeal with the Review Board?
A: If a party is adversely affected by the Administrative Law Judge's decision, they have the right to file an appeal with the Review Board. A party is adversely affected if the decision is not in their favor. Ind. Code § 22-4-17-3(b).Q: Can I speak to the Review Board?
A: You may not speak with members of the Review Board directly. However, you may call the Review Board’s office to speak to a staff member at 317-232-7719 during normal business hours.Q: The Review Board’s decision says the Review Board did not accept any additional evidence; did they review the documents I sent with my appeal?
A: Everything you submit on appeal to the Review Board is reviewed. It is within the Review Board’s discretion whether it will accept any document as additional evidence when making its decision. 646 IAC 5-10-11(b).Q: If I disagree with the Review Board's decision, can I appeal it?
A: Yes, if you disagree with the Review Board’s decision, you can appeal it to the Indiana Court of Appeals. Ind. Code § 22-4-17-12.You may contact the Indiana Court of Appeals at 317-232-1930. You can also find information on how to file an appeal with the Indiana Court of Appeals online at http://www.in.gov/judiciary/cofc. The Review Board cannot answer questions about how to file an appeal at the Indiana Court of Appeals.
Q: I received a Notice of Overpayment from the Department. Can I appeal my overpayment?
A: A Notice of Overpayment cannot be appealed; you must appeal the determination or the decision that caused the overpayment.However, you may be eligible for an overpayment waiver. An Overpayment Waiver Request form can be found at https://www.in.gov/dwd/indiana-unemployment/individuals/overpayment-faq/. If you have questions about an overpayment, you must contact the Department Collections at 1-800-262-6949. The Review Board cannot answer questions about your overpayment.
Q: The Review Board's decision says, “The decision of the Administrative Law Judge is affirmed.” What does that mean?
A: Affirmed means that the Review Board agreed with the Administrative Law Judge's decision.Q: I received an “Order of Remand” from the Review Board. What does that mean?
A: A remand means that the Review Board is returning the case back to the Appeals Division for additional proceedings. The Appeals Division is informed on what action they need to take in the order. If there is any additional action required by the parties, they will be notified by the Appeals Division.
