Appeal an unemployment denial in Minnesota

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

Hearings are by telephone. The judge calls you at the number on your Notice of Hearing. If you get no call within 10 minutes of the start time, call the Appeals Office at 1-651-296-3745. In-person hearings happen only in unusual circumstances.

Notice before the hearing

10 days

Documents and witnesses

Fax or mail your evidence to the Appeals Office with the Appeal Documents Submission Form five or more calendar days before the hearing, and mail copies to the other party. Black out private information. Late evidence may be excluded. The hearing is your only chance to submit evidence.

Subpoena

Fax or mail a written request to the Appeals Office with the Appeals Documents Submission Form, giving each person's name, phone and address and a description of the evidence you want. You can also ask the judge during the hearing.

Interpreter

Call the Appeals Office and a free interpreter will be provided. A family member or friend cannot interpret for you.

Representation

You do not need a lawyer. If you hire one or have someone represent you, give the Appeals Office their contact information.

If you miss it

If you do not answer when the judge calls, the judge may dismiss your appeal or decide based on the other evidence. A dismissed hearing is not rescheduled unless you had good cause. File a request for reconsideration within 45 calendar days and show good cause for missing the hearing.

Law: Minn. Stat. sec. 268.105, subds. 1, 1a, 2(d); Minn. R. ch. 3310

Overpayments and waivers

If you were paid benefits you were not eligible for, you must repay them, whatever the cause. The amount is in the determination letter. If DEED finds fraud (knowingly giving false information or hiding facts), you also owe a 40% penalty and 1% interest a month, and you can get no benefits until it is all paid. DEED can also make you ineligible for up to 104 weeks.

Appeal within

45 days from the date the overpayment determination was sent

Fraud penalty

40% added when the overpayment is fraud

Waiver

Not available in our data for regular benefits.

How the state collects

DEED takes 100% of future weekly benefits for overpayments caused by unreported earnings, and 50% for other non-fraud overpayments. It can also take Minnesota tax refunds, lottery winnings and property tax or rent credits, and garnish wages. For fraud, it can also take federal tax refunds and refer the debt for collection (adding 17% in costs). You can set up a payment plan.

Law: Minn. Stat. sec. 268.18; Minn. Stat. sec. 268.18, subds. 4, 6

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 1-877-898-9090. Legal aid and other free help in Minnesota → Official sources →