Appeal an unemployment denial in Tennessee

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 conference call: at the scheduled time you call the number and access code on your Notice of Hearing (check whether it is Central or Eastern time). Either party can ask for an in-person hearing at least 48 hours before the hearing, which may cause delays.

Documents and witnesses

Send a complete copy of any documents, with numbered pages, to the Appeals Tribunal and to the other party at least 48 hours before the hearing. Documents you gave the agency earlier do not count. Bring originals to an in-person hearing. Witnesses should have firsthand knowledge; conference them into the call yourself, or send their name, address and phone number to the Appeals Tribunal at least 48 hours before the hearing.

Subpoena

Ask as early as possible, and at least 7 days before the hearing, by fax to 615-741-8933 or email to AT.Changes@TN.gov. Say why the witness or document is important and give the name and full address of the witness or the person holding the document.

Representation

You may have a lawyer at your own cost. If you cannot afford one, free or low-cost help may be available through your local bar association or legal services organization.

If you miss it

If you do not call in within 15 minutes of the start time (or are not present for an in-person hearing), the hearing may go on without you or be closed, and you would have to ask the Appeals Tribunal to reopen it. To reschedule for a significant conflict, ask in writing by mail or fax at least 48 hours before the hearing, except in an emergency.

Overpayments and waivers

An overpayment means you were paid benefits you were not eligible for, for example because earnings were not reported or an employer won an appeal. TDLWD mails a Notice of Overpayment with the amount, any penalties, the reason and your appeal rights. Non-fraud overpayments usually must be repaid. Fraud overpayments and penalties must be repaid, and fraud can be prosecuted as a felony.

Waiver

The state can waive some overpayments.

The standard

If you were not at fault (a non-fraud overpayment), repayment may be waived only in cases of hardship.

How to ask

Follow the instructions on your Notice of Overpayment, or contact the UI Recovery Unit at 844-817-0619.

How the state collects

You can set up a one-time or recurring repayment plan in your e-Services account or by calling 844-817-0619, or pay by check or money order to the UI Recovery Unit. Unpaid debts can be sent to the federal Treasury Offset Program to take federal payments such as tax refunds. A federal tax refund can be taken only for an overpayment caused by fraud or unreported earnings, after a notice giving you at least 60 days to respond.

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 1-844-224-5818. Legal aid and other free help in Tennessee → Official sources →