Appeal an unemployment denial in Oregon

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 usually held by telephone before an administrative law judge from the Office of Administrative Hearings.

Documents and witnesses

You have the right to ask for copies of all documents and records OED has about the decision. For a phone hearing, OED must send all parties the documents that will be used as exhibits at least seven days before the hearing.

Interpreter

OED provides language help and other accommodations for the hearing at no cost.

Representation

You can have a lawyer or other representative. If you do not have one, the judge must explain the issues and what you need to prove or disprove.

If you miss it

If you requested the hearing and do not appear, the judge can dismiss your request. You can ask to reopen the hearing in writing within 20 days of the date the order was mailed, sent to OAH and OED, explaining why you missed it. It is granted only for good cause, such as an excusable mistake or circumstances beyond your reasonable control.

Law: ORS 657.270(2)-(5), (7)

Overpayments and waivers

An overpayment means you got benefits you were not eligible for. If OED finds you made a false statement or did not report a material fact on purpose and disqualifies you for it, you also owe a penalty of 15% to 30% and interest of 1% a month, and the debt can be collected at any time. If the overpayment was not your fault, OED generally does not require repayment, but it takes the money out of future weekly benefits for up to five years after the decision is final.

Appeal within

20 days from the date OED mailed the overpayment decision

Waiver

The state can waive some overpayments.

The standard

OED may waive all or part of a non-fraud overpayment if repaying it would be against equity and good conscience, such as when repaying would cause you financial hardship. Fraud overpayments and overpayments caused by strike back pay cannot be waived.

How to ask

Fill out the Request for Overpayment Waiver and send it by email to UIBPCSupport@employ.oregon.gov (subject "Waiver Request"), by fax to 503-947-1811, or by mail to BPC Overpayment Waivers, 875 Union St. NE, Salem, OR 97311. For help call 503-947-1995.

Waiver form

Request for Overpayment Waiver (Form 129)

How the state collects

OED can set up a payment plan. For overpayments you must repay, OED can take money from future benefits, add 1% interest per month, and take legal action, including garnishing wages and taking income tax refunds. A federal tax refund can be taken only for overpayments caused by fraud or unreported earnings, after a notice giving at least 60 days to respond.

Law: ORS 657.310, 657.315, 657.317; ORS 657.317

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 1-877-345-3484. Legal aid and other free help in Oregon → Official sources →