Appeal an unemployment denial in Louisiana

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

Most hearings are by telephone. The judge calls you at the number on the hearing notice, so update your number with the Clerk of Court (1-800-256-8023) at least one business day before the hearing. Hearings are usually held about three to four weeks after you appeal.

Notice before the hearing

7 days

Documents and witnesses

Send your documents to the judge before the hearing as the hearing notice explains. You may ask for the documents Louisiana Works used to make the determination at least three business days before the hearing.

Subpoena

Send the judge a written request with each witness's name and home address and what the testimony or documents will prove. It must be received at least three business days before the hearing.

Representation

You can appear alone or with a representative, who can be a lawyer or any other person you choose.

If you miss it

If you filed the appeal and are not available within 15 minutes after the hearing time, the judge dismisses your appeal. You can ask the judge in writing to reopen within 7 days of the mailing date of the dismissal and explain your good cause, or appeal to the Board of Review.

Law: La. R.S. 23:1629(A); La. Admin. Code tit. 40, pt. IV, secs. 111, 113

Overpayments and waivers

If you get benefits you were not eligible for, you must pay them back. If you commit fraud, you are disqualified for the rest of the benefit year and until the overpayment and penalty are repaid (up to 10 years), you owe a civil penalty, and fraud overpayments of $1,000 or more are referred to the district attorney. Even without fraud, a penalty of 25% (at least $20) is added if you do not repay within 30 days after the decision becomes final, unless you are on a repayment plan and making your payments.

Respond within

7 days

Appeal within

15 days from the mailing date of the Notice of Overpayment

Fraud penalty

25% added when the overpayment is fraud

Waiver

The state can waive some overpayments.

The standard

The appeal referee, Board of Review or a court may waive repayment only if all three are true: the overpayment was not from fraud; it was not your fault (giving wrong information, leaving out a material fact, or knowing or having reason to know you were not entitled counts as fault); and repaying would be against equity and good conscience. For that, they consider whether repaying would leave you unable to cover ordinary living expenses for six months and whether you were told that a reversal on appeal would create an overpayment.

How to ask

Waiver is decided as part of an appeal of the overpayment determination. Appeal the Notice of Overpayment within 15 days and ask for a waiver in your appeal.

How the state collects

Louisiana Works can take overpayments from future benefits, take your federal or state 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), record a lien on property you own (for $100 or more in default), and, for fraud, suspend hunting or fishing licenses. Non-fraud overpayments can be collected for five years after the benefit year ends; fraud overpayments for ten years. You can pay online through the Louisiana Works overpayments portal.

Law: La. R.S. 23:1713(C), 23:1714; La. R.S. 23:1713(B)

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 1-866-783-5567. Legal aid and other free help in Louisiana → Official sources →