Appeal an unemployment denial in Montana

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 and recorded. The Appeals Referee calls you at the number on your Notice of Telephone Hearing. If you are not called within 10 minutes of the start time, call the Office of Administrative Hearings at the number on the notice.

Documents and witnesses

Your hearing packet contains the numbered documents already in the file. Mail or fax any other documents to the Appeals Referee (fax 1-406-444-2689) and to the other party as soon as possible, so they arrive before the hearing.

Subpoena

Contact the Office of Administrative Hearings right away. It will send you up to three subpoenas to fill out and serve. For more than three, send a written request explaining what each witness or document will show and why it is needed.

Interpreter

The Office of Administrative Hearings provides an impartial interpreter if you call the number on your Notice of Telephone Hearing in advance.

Representation

Most people represent themselves. You can hire a lawyer or other representative; a paid representative must be a licensed Montana attorney. A lawyer must file a Notice of Appearance.

If you miss it

If you are not available, the hearing is held without you and a decision is issued. If you have an emergency, call the Office of Administrative Hearings before the hearing or as soon as possible afterward.

Law: Mont. Code Ann. 39-51-2403; Admin. R. Mont. Title 24, ch. 11

Overpayments and waivers

If you are paid benefits you were not entitled to, you must repay the full amount, including any tax withheld. You get a Statement of Benefits Overpayment and a monthly bill. If you commit fraud, you must also pay an administrative penalty of 50% of the overpaid benefits, may be disqualified for up to 52 weeks and may be prosecuted.

Appeal within

10 days from the date the overpayment determination was sent

Fraud penalty

50% added when the overpayment is fraud

Waiver

The state can waive some overpayments.

The standard

The department may waive an overpayment if it was caused by department error, or if you did not conceal or misrepresent facts and repaying would cause you long-term financial hardship.

How to ask

Call 1-406-444-5434 to ask for a waiver request form. You can also ask about an offer in compromise: a lump-sum payment of less than the full non-fraud balance.

How the state collects

While you get benefits, 50% of each payment is taken (up to 100% for fraud). Otherwise you must make regular payments. Unpaid debts can be taken from state tax refunds and lottery winnings, from federal tax refunds for fraud or unreported earnings, sent to collection agencies, collected by wage garnishment, or recorded as a lien or judgment on your property.

Law: Mont. Code Ann. 39-51-3206; Mont. Code Ann. 39-51-3206(9)

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 1-406-444-2545. Legal aid and other free help in Montana → Official sources →