Appeal an unemployment denial in Georgia

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

Usually by telephone. The hearing officer calls you at the number you gave, so turn off caller ID blocking. An in-person hearing can be requested in writing, for example as a disability accommodation. The time on the Hearing Notice is Eastern time. If your phone number changes, tell the Appeals Tribunal directly before the hearing.

Notice before the hearing

10 days

Documents and witnesses

Before the hearing, send copies of all documents and recordings you will rely on to the Appeals Tribunal and to the other party. Evidence must reach the Appeals Tribunal at least 24 hours (one business day) before the hearing; late evidence may not be considered. Witnesses should have firsthand knowledge; give their phone numbers to the Appeals Tribunal.

Subpoena

Ask the Appeals Tribunal in writing as soon as possible; the request must reach the Tribunal at least 5 business days before the hearing. Include the docket number and last four digits of the claimant's SSN, the witness's full name, address and phone number, the hearing time, and a description of any documents. You must serve the subpoena at least 72 hours (three business days) before the hearing.

Interpreter

GDOL provides an interpreter or disability accommodation at no cost. Ask in writing when you file your appeal, or at least 48 hours (two business days) before the hearing.

Representation

You may have a lawyer or other representative at your own cost, or a friend or family member. Any fee must be approved by the Board of Review and cannot be more than $300. If you cannot afford help, you can ask a free legal service in your community.

If you miss it

If you appealed and do not take part, the hearing officer may dismiss your appeal. To reopen, file a written "show cause" appeal within 15 days of the release date on the decision, explaining why you missed the hearing. You must show circumstances beyond your control.

Law: Ga. Comp. R. & Regs. 300-2-5 (hearing notice at least 10 days before a telephone hearing

Overpayments and waivers

An overpayment means you were paid benefits you were not entitled to. GDOL sends a Notice of Determination and Overpayment, and you must repay, including income tax that was withheld, unless a waiver is approved. If GDOL finds fraud, you also owe a penalty of at least 15% of the overpayment (federal law requires at least 15%) plus 1% interest a month on the unpaid balance, and you cannot get benefits for the rest of that calendar quarter and the next four quarters.

Appeal within

15 days from the mailing (release) date of the Notice of Determination and Overpayment

Waiver

The state can waive some overpayments.

The standard

GDOL may waive a non-fraud overpayment only if you were not at fault and repaying would be against equity and good conscience. That means you show that repaying would cause real financial hardship so that you could not get basic food, medicine and shelter for a long time, and that you have no reasonable prospect of future work or ability to repay because of age, disability or other good cause. Fraud overpayments cannot be waived.

How to ask

Fill out the Application for Overpayment Waiver (DOL-5A) and send it with supporting documents within 15 calendar days of the release date of the overpayment notice, by email to Overpaymentwaiver@gdol.ga.gov or by mail to Georgia Department of Labor, Attn: Overpayment Unit - Waiver Request, P.O. Box 3433, Atlanta, GA 30302. Collection stops while your waiver request is pending. If it is denied, you can appeal within 15 days.

Waiver form

Application for Overpayment Waiver (DOL-5A)

How the state collects

If you do not repay in full, GDOL bills you monthly. It can also take 50% of future benefit payments (including for overpayments from another state), take your state and federal tax refunds, including joint returns (the federal refund only for an overpayment caused by fraud or unreported earnings, after a notice giving you at least 60 days to respond), and seek liens, levies or wage garnishment in court. You can repay online or by check or money order to the Georgia Department of Labor, Overpayment Unit, P.O. Box 3433, Atlanta, GA 30302-3433.

Law: Ga. Comp. R. & Regs. 300-2-4-.08; Ga. Comp. R. & Regs. 300-2-4-.08(3)

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 1-877-709-8185. Legal aid and other free help in Georgia → Official sources →