West Virginia Unemployment Appeal | Unemployment Claim Map

Levels of appeal and deadlines

Appeal to an Administrative Law Judge

West Virginia Unemployment Compensation Board of Review (Administrative Law Judge)

Deadline: 8 calendar days from the mailing date on the Deputy's Decision (the appeal date is printed on the decision)
How to file: Follow the instructions on the Deputy's Decision. File in person at your nearest WorkForce WV local office, by mail to the address on the decision, or by fax to your local office, by the appeal date on the decision.
It must include: Your name and claim information as shown on the Deputy's Decision
The decision you are appealing and its date
Why you disagree
Your signature
If it is late: To be on time, the appeal must be filed by the appeal date listed on the Deputy's Decision.
While you appeal: Keep certifying (filing your weekly or biweekly claims).

Law: W. Va. Code sec. 21A-7-8

Official source: Source page

Appeal to the Board of Review

West Virginia Unemployment Compensation Board of Review

Deadline: 8 calendar days from the mailing date on the Administrative Law Judge's decision
How to file: Follow the instructions on the ALJ decision. The Board reviews the evidence and transcript from the ALJ hearing and any written briefs or legal arguments sent in advance; it does not take new testimony and may send the case back for another hearing.
It must include: Your name and claim information as shown on the ALJ decision
The decision you are appealing and its date
Why you disagree
Your signature
If it is late: To be on time, the appeal must be filed by the appeal date listed on the ALJ decision.
While you appeal: Keep certifying (filing your weekly or biweekly claims).

Law: W. Va. Code sec. 21A-7-9

Official source: Source page

Appeal to the West Virginia Intermediate Court of Appeals

Deadline: 30 calendar days from the mailing of notice of the Board of Review's decision
What to know: If you disagree with the Board of Review's decision, you can appeal to the West Virginia Intermediate Court of Appeals within 30 days after the decision is mailed (20 days in labor dispute cases).

Law: W. Va. Code sec. 21A-7-17

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.

Date of the letter (required)

Your full name (required)

Your mailing address (required)

Your phone (optional)

Your email (optional)

Which appeal is this letter for?

Date on your notice (required)

How will you send it?

Address printed on your notice (required)

Copy the address where your notice says to send it.

The decision you are appealing (in your own words) (required)

Why you disagree (in your own words)

Write it yourself, in English. We do not suggest what to say.

Anything else your notice asks you to include (optional)

Sign the letter and keep a copy. Keep certifying while you appeal.

Other formats

Preview (the English text you send)

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; the ALJ calls the number you give. Any party can ask for an in-person hearing (held only in Charleston or Fairmont) at least 48 hours before the hearing. For a phone hearing, give the Board of Review your phone number (no extensions) after you get the Notice of Hearing and no later than two days before the hearing, and answer the ALJ's call even if it looks like spam.
Notice before the hearing: 10 days
Documents and witnesses: The ALJ sees only the file mailed with your Notice of Hearing. Send copies of any other documents to the Board of Review and to the other party at least 48 hours before the hearing. For an in-person hearing, bring three copies plus your own. Give the Board your witnesses' names and phone numbers at least 48 hours ahead. Witnesses should have first-hand knowledge. The ALJ hearing is the only stage where you can give evidence and testimony.
Subpoena: If a witness will not come voluntarily, the person can be subpoenaed. A written request for documents must describe the documents, why they are important and where they are.
Representation: You may be represented by an attorney at your own cost; the Board of Review reviews claimants' attorney fees. Free or low-cost help may be available from your local bar association or legal services organization.
If you miss it: If you do not answer, the ALJ leaves a message, calls again about five minutes later, and then goes on without you. If the appealing party gives a wrong phone number, the appeal is dismissed. Failing to take part can lead to an adverse decision, including dismissal. To reschedule for good cause (such as illness or a job interview), fax a written request with documentation to 304-558-1363 at least 48 hours before the hearing.

Law: W. Va. Code sec. 21A-7-8

Overpayments and waivers

An overpayment is benefits you got but were not entitled to, for example from unreported earnings or a decision reversed on appeal. West Virginia law requires all overpayments to be repaid. If you get benefits while you owe an overpayment, 100% of your benefit is applied to the balance. If WorkForce WV finds fraud, a 20% penalty is added and you can be disqualified for up to a year.

Appeal within: 8 days from the date the overpayment determination is mailed
Fraud penalty: 20% added when the overpayment is fraud
Waiver: Not available in our data for regular benefits.
How the state collects: WorkForce WV can take future benefits, garnish wages, place liens, and take your federal tax refund for fraud overpayments or overpayments from unreported earnings. You can set up a payment agreement (with a down payment) by calling 304-558-3306 or emailing ucoverpayments@wv.gov.

Law: W. Va. Code secs. 21A-10-8, 21A-10-21

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 1-800-252-5627. Legal aid and other free help in West Virginia → Official sources →

Appeal an unemployment denial in West Virginia