Appeal an unemployment denial in Arkansas

Levels of appeal and deadlines

Every state must give a fair hearing before an impartial tribunal to anyone whose claim is denied.

Law: 42 U.S.C. 503(a)(3) (Social Security Act sec. 303(a)(3))

Appeal deadline calculator

Pick the appeal and enter the date it runs from. We add the days from the state's rule to that date.

Appeal request letter

Fill in the boxes and get a letter you can print or send. You write the reasons in your own words. The letter is in English because the agency works in English.

Hearing preparation checklist

Logistics and rights from your state's hearing information, plus your own list of witnesses and documents.

The hearing

Format

Telephone hearing before a hearing officer. The hearing officer calls the phone number on your claim; if you will be at a different number, contact the Appeal Tribunal before the hearing.

Interpreter

Free interpretation services are available; ask the Appeal Tribunal or your local office.

Representation

You may have a lawyer represent you before the Appeal Tribunal or the Board of Review, but it is not required.

If you miss it

If you or the other party do not attend, the hearing officer decides based on the facts available.

Overpayments and waivers

An overpayment happens when you get benefits and it is later found you were not eligible, for example after an appeal reversal, unreported earnings or missing work searches. You must pay it back. For fraud, a 50% penalty is added (15% if you repay within 30 days of the determination's mailing date), interest of 10% a year starts 30 days after the first bill once the overpayment is final, and you must repay before getting future benefits.

Appeal within

20 days from the mailing date of the overpayment determination

Fraud penalty

50% added when the overpayment is fraud

Waiver

The state can waive some overpayments.

The standard

Instead of requiring repayment, the Division may take an overpayment out of future benefits, unless it finds the overpayment was received without fault on your part as a direct result of an agency error and that recovering it would be against equity and good conscience. An overpayment caused by an appeal reversal does not count as agency error.

How to ask

The Division decides this when it determines the overpayment. If you disagree with the overpayment decision, appeal it within 20 days following the instructions on the notice.

How the state collects

The Division can take part or all of your weekly benefits, intercept your federal and state income tax refunds (the federal refund only for an overpayment caused by fraud or unreported earnings, after a notice giving you at least 60 days to respond), file an assessment with the county clerk (Pulaski County if you live out of state), and garnish your wages. You can also mail a check to Benefit Payment Control, P.O. Box 8007, Little Rock, AR 72203-8007, with your full name and date of birth.

Law: Ark. Code Ann. sec. 11-10-532; Ark. Code Ann. sec. 11-10-532(b)(2)

What federal law adds on overpayments

• Whether an overpayment can be waived, and how to ask, depends on your state's law. See your state's page.
• Your federal tax refund can be taken to pay a past-due state unemployment overpayment caused by fraud or by not reporting your earnings, once it is final under state law. Before this happens, the state must notify you and give you at least 60 days to show that the debt is not owed or not legally enforceable.

  Law: 26 U.S.C. 6402(f)

• For fraud overpayments, the state must add a penalty of at least 15 percent.

  Law: 42 U.S.C. 503(a)(11)

Free help

Call 1-844-908-2178. Legal aid and other free help in Arkansas → Official sources →