Appeal FAQs

  1. How do I file an appeal?
  2. How long do I have to file a further appeal?
  3. How do I request another hearing before the Referee?
  4. Can I request an additional hearing if my case is appealed to the Board of Review?
  5. Can I request a different Referee for a Board remand hearing?
  6. How do I request a copy of the record of my hearing?
  7. How do I obtain a copy of the hearing tape?
  8. How do I request a telephone hearing?
  9. Do I need an attorney to appear with me at the hearing?
  10. How do I file a brief?
  11. How do I submit additional information after my hearing was held?
  12. What is the next step if I do not receive a favorable decision from the Board of Review?
  13. How do I withdraw my appeal?
  14. How do I request reconsideration?
  15. How do I request another hearing?
  16. When will I receive my Referee or Board decision?
  17. The Board's decision is not in my favor and I have subsequently realized that I forgot to provide information, which may be important to the outcome of the case. Can I submit the information now or is it to late?
  18. How do I request a continuance (postponement) of my hearing?
  19. How do I request a subpoena?

 1. How do I file an appeal?

Any party who disagrees with a determination issued by the UC Service Center or a decision issued by an Appeals Referee has the right to file a further appeal. An appeal may be filed by mail (using either Appeal Form UC-46 or a letter) to the address appearing on the Service Center determination or Referee decision. The Service Center determination or Referee decision also lists a fax number for filing appeals. Additionally, appeals of a UC Service Center determination may be filed by email to L&I-UC-Appeals@pa.gov. Appeals of a UC Referee decision may be filed by email to UCBoardAppeals@pa.gov. Warning: Information submitted by email is not secure. An appeal to a UC Service Center determination or a determination of the Office of UC Benefits must be received (or postmarked) within 15 calendar days of the date the determination was issued.

 2. How long do I have to file a further appeal?

An appeal to a Referee's decision must be received (or postmarked) within 15 calendar days of the date on which the Referee's decision was issued.
 
An appeal to a decision of the Board of Review must be filed within 30 days of the date of the Board's decision. The Board's decision contains specific information on procedures for filing a further appeal to Commonwealth Court.

 3. How do I request another hearing before the Referee?

A party who did not attend a scheduled hearing does have the right to request reopening of the record. This request must be submitted in writing by mail, email or fax to the Referee and must list the reason or reasons for the non-appearance. The Referee will decide whether such reasons constitute "proper cause" for the non-appearance.
 
If the Referee's decision has not yet been issued, the Referee may allow the record to be reopened. The opposing party may object to the reopening.
 
A request for reopening that is received after the Referee's decision is issued but is received or postmarked within the 15 day appeal period will be treated as a further appeal to the Board of Review and a request for reopening. The Board will then rule on that request.
 
A request for reopening that is not received by the Board before the issuance of the Board's decision, but is received within 15 days of the date of the Board's decision will be treated as a request for reconsideration and reopening.
 

 4. Can I request an additional hearing if my case is appealed to the Board of Review?

If there is a further appeal to the Board, a party can request that the Board grant an additional hearing. If the Board determines that a further hearing is necessary, the Board will remand the case to a Referee acting as the Board's Hearing Officer to take additional evidence.

 5. Can I request a different Referee for a Board remand hearing?

A party can make such a request to the Board. The request must be submitted in writing by mail, email or fax and outline the reasons that the party believes a different Referee is necessary to the UC Board of Review. The Board will rule on whether the request will be approved.

 6. How do I request a copy of the record of my hearing?

If the appeal is at the Referee level, you must submit a written request by mail, email or fax to the Referee office listed on your notice of hearing. The request must list the reason or reasons for which the record will be used and the specific parts of the record being requested.
 
If the appeal is at the Board level, you must submit a written request by mail, email or fax to the Appeals System Administrator, UC Board of Review, Room 1116 Labor & Industry Building, 651 Boas Street, Harrisburg, PA 17121, fax 717-787-6125, or email ra-li-ucbr-CentralOf@pa.gov. NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails. The request must list the reason or reasons for which the record will be used. The Board may only provide records for purposes relating to the Unemployment Compensation Law.

 7. How do I obtain a copy of the hearing tape recording?

The procedure for obtaining transcripts of the hearing must also be submitted in writing as stated above for uc purposes only.

 8. How do I request a telephone hearing?

Current regulations do permit telephone testimony under certain specific circumstances at the discretion of the Referee or the Board. If you wish to request a telephone hearing, contact the Referee office listed on your Notice of Hearing by telephone, mail, email or fax.

 9. Do I need an attorney to appear with me at the hearing?

Under current law, parties are not required to be represented by an attorney at a UC hearing.  However, it is the right of each party to be represented by an attorney or by any other advisor of the party's choosing.

10. How do I file a brief?

If there is an appeal to the Board, and a party wishes to file a brief, the party must submit a written request to the Board for permission to file a brief. The request may be sent by regular mail, fax or email to: Appeals System Administrator, UC Board of Review, Room 1116, Labor & Industry Building, 651 Boas Street, Harrisburg, PA 17121. The fax number is 717-787-6125. The email address is: ra-li-ucbr-CentralOf@pa.gov. NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.
 
If the Board permits the filing of a brief, the Board will provide the party with a copy of the transcript of testimony along with a letter specifying the date by which the brief is due.
 
You must submit an original and four copies of the brief. The Board does not require a standardized format for preparation of the brief.
 

11. How do I submit additional information after my hearing was held?

If the Referee has not yet issued a decision, you may request a reopening of the record. Please see the answer to question 3 for further details in that regard.
 
If the Referee has issued a decision and you are appealing to the Board of Review, you should include these points in your appeal documents. You may wish to ask the Board to grant a remand hearing. The Board will rule on whether a request for remand will be granted.

12. What is the next step if I do not receive a favorable decision from the Board of Review?

Any party who disagrees with the decision of the Board of Review has the right to file a further appeal to the Commonwealth Court. Such an appeal must be addressed to the Prothonotary of the Commonwealth Court of Pennsylvania, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2100, P.O. Box 69185, Harrisburg, PA 17106-9185. Your appeal must be received by the Court or postmarked within 30 days of the date of the Board's decision. If you have any questions regarding the filing of an appeal to the Commonwealth Court you may call 717-255-1650.
 
You may also submit a written request to the UC Board of Review by mail, email or fax to reconsider the case. This request may be submitted to Appeals System Administrator, UC Board of Review, Room 1116, Labor & Industry Building, 651 Boas Street, Harrisburg, PA  17121. The fax is 717-787-6125 and email address is ra-li-ucbr-CentralOf@pa.gov. NOTE: If you elect to respond by email please be careful to note the EXACT email address as it appears. The UC Board of Review cannot be responsible for misdirected emails.
 
A request for reconsideration must be received by the Board or postmarked within 15 days of the date of the Board's decision.
 
Reminder: The time period for filing an appeal to the Court and the time period for filing a request for consideration to the Board are concurrent and are not consecutive.

13. How do I withdraw my appeal?

A party who has filed an appeal may withdraw the appeal with the approval of the tribunal before whom the appeal is pending. If the appeal is pending before a Referee, the withdrawal request must be submitted in writing by mail, email or fax to the Referee Office. If the appeal is pending before the Board, the withdrawal request must be submitted in writing by mail, email or fax to the UC Board of Review.
 
The withdrawal request may be in the form of a letter. Additionally, withdrawal forms are available from any Referee office.
 

14. How do I request reconsideration?

Please refer to the answer to question 12.

15. How do I request another hearing?

Please refer to the answers to questions 3 and 11.

16. When will I receive my Referee or Board decision?

Upon closing the record, the Referee (in a lower authority appeal) or the Board (in a higher authority appeal) reviews the record and applies the appropriate laws and regulations to the specific facts of the case. Depending upon the type of case, and the facts involved, extensive legal research may be required. The Referees and the Board all strive to issue their decisions as soon as possible after the closing of the record.

17. The Board's decision is not in my favor and I have subsequently realized that I forgot to provide information, which may be important to the outcome of the case. Can I submit the information now or is it too late?

Parties do have the right to file a further appeal to the Commonwealth Court. Parties also have the right to ask the Board for reconsideration. Please see the answer to question 12 for specific details.

18. How do I request a continuance (postponement) of my hearing?

Regulations allow the Referee to grant a continuance for "proper cause". A request for continuance should be directed to the Referee office appearing on the Notice of Hearing.

19. How do I request a subpoena?

Requests for a subpoena should be directed to the Referee office appearing on the Notice of Hearing.
 
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