Appeal an unemployment denial in Utah

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. When you get the Notice of Unemployment Appeal Telephone Hearing, you must call the Appeals Unit before the hearing to confirm the phone number you will use; if you do not, the hearing may be canceled. If no one calls you within 10 minutes of the start time, call the Appeals Unit at 801-526-9300 or 1-877-800-0671. Do not take part while driving.

Documents and witnesses

Documents the agency used come with the hearing notice. To add other documents, mail or fax copies to the Appeals Unit and to every other party at least three calendar days before the hearing. The Appeals Unit will not send copies to the other parties for you.

Subpoena

If an essential witness will not take part or will not provide essential records, ask the judge to issue a subpoena at least three days before the hearing. Give the person's mailing address (and fax number if you have it) when you call the Appeals Unit.

Interpreter

Hearings are in English. Ask the Appeals Unit right away for an interpreter; there is no charge.

Representation

Most people represent themselves. You can be represented by anyone at your own cost; the person does not need to be a lawyer. Non-lawyers representing claimants cannot bill without the judge's approval of the fee.

If you miss it

If you appealed and do not confirm in advance or do not answer the call, your appeal is dismissed. If you could not take part, send a written request for a new hearing within 10 days after the date on the judge's decision and explain why; if later, also explain why the request is late.

Law: Utah Code sec. 35A-4-406; Utah Admin. Code R994-508

Overpayments and waivers

If you were paid benefits you were not entitled to, DWS creates an overpayment. The notice explains how to repay and how to appeal. If the overpayment was your fault, you must repay it or have it taken from future benefits. If DWS finds fraud, you must repay the overpayment plus a civil penalty equal to the overpayment, and you lose benefits for 13 weeks for the first week of fraud and 6 more weeks for each other week (up to 49 weeks). You cannot get future benefits until the overpayment and penalty are repaid.

Appeal

The overpayment notice

Fraud penalty

100% added when the overpayment is fraud

Waiver

The state can waive some overpayments.

The standard

If you were not at fault, you do not have to repay, but the overpayment can be taken from future benefits. DWS may waive recovery if you show you cannot meet more than the basic needs of survival for an indefinite period lasting at least several months. DWS says you may request a waiver of a non-fault overpayment if you meet the poverty guidelines.

How to ask

Contact the Collections Department at 801-526-9235 as the overpayment notice instructs.

Income

DWS uses poverty guidelines to decide non-fault waivers.

How the state collects

Call Collections (801-526-9235) to set up an installment agreement, or pay online. If you do not, DWS can take your 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), garnish wages or place a lien on your property.

Law: Utah Code secs. 35A-4-405(5), 35A-4-406(4); Utah Code sec. 35A-4-406(4), (5)

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 801-526-4400. Legal aid and other free help in Utah → Official sources →