Hawaii Unemployment Appeal Deadline | Unemployment Claim Map

Levels of appeal and deadlines

Appeal to the Employment Security Appeals Referees' Office (ESARO)

Employment Security Appeals Referees' Office (appeals officers)

Deadline

10 calendar days from the mailing date of the determination

How to file

Appeal in writing, on a department form or by letter. File online at huiclaims.hawaii.gov, or by mail or in person at your local claims office or ESARO. Attach a copy of the decision you are appealing. A short explanation is enough. Instead of an appeal, you can ask the UI Division for reconsideration within the same deadline; if it is not granted, it is sent to ESARO as an appeal or a redetermination is issued, which you can appeal.

Where to send it

Employment Security Appeals Referees' Office (ESARO), 830 Punchbowl St., Room 429, Honolulu, HI 96813-5080

File online

Fax: 808-586-8944

It must include

Your signature
Your name, current address and phone number
Your Social Security number, if applicable
A short statement of why you disagree
A copy of the determination you are appealing

If it is late

If you file after 10 days, the appeal can be accepted only if good cause is shown, and the time can be extended to no more than 30 days after the mailing date. If the postmark on the envelope does not match the mailing date on the decision, keep the envelope as proof.

While you appeal

Keep certifying (filing your weekly or biweekly claims).

Law: HRS 383-38(a)

Official source: Source page

Appeal to circuit court (judicial review)

Deadline: 30 calendar days from the date the appeals officer's decision was mailed (or the date a reopening request was denied)
What to know: Hawaii has no appeals board. If you disagree with the appeals officer's decision, within 30 days you can either ask the appeals officer to reopen the decision (allowed once, usually only for new information you could not present before, or a good reason for missing the hearing) or appeal to the circuit court. Contact the Judiciary about court appeals.

Law: HRS 383-38(c), 383-41

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.

Date of the letter (required)

Your full name (required)

Your mailing address (required)

Your phone (optional)

Your email (optional)

Date on your notice (required)

How will you send it?

Address printed on your notice (required)

Copy the address where your notice says to send it.

The decision you are appealing (in your own words) (required)

Why you disagree (in your own words)

Write it yourself, in English. We do not suggest what to say.

Anything else your notice asks you to include (optional)

Sign the letter and keep a copy. Keep certifying while you appeal.

Other formats

Preview (the English text you send)

Hearing preparation checklist

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

The hearing

Format: Hearings may be in person or by telephone. You get a written Notice of Hearing with the date, time, place and issues, mailed at least 12 days before the hearing. Most hearings are held about 19 to 27 days after the appeal is filed and last 30 to 60 minutes. The appeals officer hears the case fresh (de novo); all testimony is under oath and recorded.
Notice before the hearing: 12 days
Documents and witnesses: Bring copies of papers about the issue (such as pay statements, time cards, warning notices, doctor's certificates or company policy) and offer them as evidence at the hearing. Arrange witnesses who have first-hand knowledge. The hearing is the only chance to tell your story; another hearing is not allowed without good cause.
Subpoena: If a needed witness will not come voluntarily, ask the appeals officer right away, in writing, to issue a subpoena. Explain why the witness is essential and give the person's name and an address where the subpoena can be served.
Interpreter: You have the right to a free interpreter. Call ESARO at 808-586-8930 and say what language you speak.
Representation: A lawyer is not usually needed. You have the right to be represented by an attorney or other representative; fees charged to claimants are limited by law and must be approved by the appeals officer.
If you miss it: If you filed the appeal and do not attend, the appeals officer will probably affirm the UI decision. You can ask the appeals officer to reopen within 30 days of the decision; it will not be reopened unless you had a good reason for not attending. To postpone, send a written request with the reason as soon as the conflict comes up; the hearing is not postponed until the appeals officer approves.

Law: HRS 383-38, 383-162

Overpayments and waivers

If you received benefits you were not entitled to, you must repay them unless you were not at fault and repayment would be against equity and good conscience. If you commit fraud, you must repay everything plus a 15% penalty, and you can lose the right to benefits for up to 109 weeks, have wages garnished or a lien placed on property, and be prosecuted.

Appeal within: 10 days from the mailing date of the overpayment decision
Fraud penalty: 15% added when the overpayment is fraud
Waiver: The state can waive some overpayments.
The standard: You do not have to repay if you received the overpayment without fault and recovery would be against equity and good conscience. Fault means you made a statement you knew or should have known was wrong, did not give information you knew or should have known was important, or accepted a payment you knew or should have known was wrong. DLIR may consider whether you got the required notice, the hardship repayment would cause, and the effect on the program's goals.
How to ask: Ask the UI Division about a waiver (808-762-5752 or 833-901-2272, or your local claims office), and follow the appeal rights on your overpayment notice.
How the state collects: Unpaid overpayments can be taken from future benefits, and DLIR can garnish wages and place a lien on property. You can repay online (credit card, debit card or eCheck), in person or by mail, and set up a payment plan by email or phone.

Law: HRS 383-44; HRS 383-44(a); HAR 12-5-85

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 1-833-901-2272. Legal aid and other free help in Hawaii → Official sources →

Appeal an unemployment denial in Hawaii