Appeal an unemployment denial in North Carolina

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.

Overpayment waiver request letter

This state accepts a letter asking for a waiver. Fill in the boxes; you write your reasons in your own words.

The hearing

Format

Hearings are usually by telephone conference call, or in person at the DES central office in Raleigh if requested. Your notice of hearing gives the date, time, format, your appeals referee's contact information and the issues. For a phone hearing, give the referee your witnesses' names and phone numbers (or use the Telephone Hearing Questionnaire). If the referee cannot reach the appealing party within 10 minutes of the start time, the appeal may be dismissed.

Documents and witnesses

For phone hearings, send copies of your evidence to the appeals referee and to each party before the hearing date. For in-person hearings, bring enough copies for everyone. Evidence not shared may not be used. First-hand testimony and recordings are the best evidence.

Subpoena

Contact the appeals referee named on your hearing notice (or the Appeals Section) as soon as possible to ask for a subpoena. Include the name, address and phone number of the person and why their testimony or the documents matter. A request can be denied.

Interpreter

DES provides free interpreters. Call 888-737-0259 (press 2 for Spanish, 3 for other languages) or contact the appeals referee named on your hearing notice.

Representation

You can represent yourself or hire a representative. A representative must be a licensed attorney or someone supervised by one. DES appeals staff cannot give legal advice.

If you miss it

If you filed the appeal and miss the hearing, no hearing is held and your appeal is dismissed. You can appeal that decision or ask for a new hearing and explain why you should get one; the Board of Review applies a 'due diligence' standard to the reason.

Law: N.C. Gen. Stat. 96-15(c), (d1); N.C. Gen. Stat. 04 NCAC 24C

Overpayments and waivers

An overpayment means DES paid you benefits you were not eligible for, and you must repay it, even if the mistake was not yours or a decision in your favor is later reversed on appeal. DES sends a Notice of Overpayment listing the reasons and weeks. If DES finds you knowingly made a false statement or hid a fact to get benefits, you cannot get benefits for 52 weeks and must pay a penalty of 15% of the erroneous payment.

Appeal within

30 days from the date you were notified of the overpayment determination

Fraud penalty

15% added when the overpayment is fraud

Waiver

The state can waive some overpayments.

The standard

DES may forgive (waive) an overpayment only if it was not caused by fraud, it was not your fault, and your appeal decision is final. Fraud overpayments and Disaster Unemployment Assistance paid with FEMA funds cannot be waived.

How to ask

After the appeal period has ended or the appeal decision is final, request a waiver in your MyNCUIBenefits account, or send a letter by mail or fax with your full name, claimant ID, a statement requesting a waiver, the reasons the money should be forgiven, and any documents that help. You can file only one waiver request per overpayment.

How the state collects

While you get benefits, DES reduces each payment by 50% for a non-fraud overpayment or 100% for fraud. It can also withhold part of your earnings, take federal and 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) and lottery winnings, file a lien through the superior court clerk, or bring criminal or civil action. You can set up a payment plan in MyNCUIBenefits or with a Recovery Specialist at 888-737-0259.

Law: N.C. Gen. Stat. 96-18(e), (g), (h)

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 1-888-737-0259. Legal aid and other free help in North Carolina → Official sources →