Reasons for denied unemployment benefits in Delaware are varied and may involve an initial disqualification or may occur during the course of your filing for weekly benefits. Should an applicant be denied unemployment benefits in DE, he or she has recourse to file an unemployment denial appeal with the state.
To learn more about this process and how to resolve a case of unemployment benefit denial, take a look at the following sections:
You could get your unemployment benefits denied in Delaware because of any of the following disqualifications:
In addition to having unemployment benefits denied due to an initial disqualification, beneficiaries can be denied even after they receive unemployment compensation in Delaware. For instance, if you choose not to actively seek work, if you refuse to accept a job offer for which you are reasonably suited and which pays the general rate for that type of work, or if you are simply unable to work, you will have your plea for continued unemployment compensation benefits denied. You will also experience denied unemployment benefits in Delaware if you fail to participate in re-employment services or if you knowingly make false statements to obtain benefits payments, among other reasons.
If you are wondering, “What can I do if unemployment denied me benefits?” there is one measure that you can take: You may request a hearing before an appeals referee. Applicants are also allowed to use this avenue if they believe they should have received a higher benefits payment. To file an unemployment denial appeal in DE, you must submit a request for a hearing in person or by writing to your local office within 10 days of the date of the Notice of Determination. Unemployment denial appeals filed by email are unacceptable because the person filing the appeal must sign the request.
You must still continue to file claims weekly. At any point during the appeal process, if it is determined that you are eligible for benefits, you will receive benefits only for the weeks when you timely filed and met all other eligibility requirements.
An appeal hearing is scheduled within a few weeks after an appeal is filed. All parties are mailed a Notice of Hearing that provides the date, time, location and the issues to be covered in the hearing. You may request permission to participate in the appeal hearing by telephone.
All requests to reschedule a hearing before the Lower Authority Appeals Unit must be made at least three days prior to the hearing. Also, you can have involved persons appear as witnesses; you can have an interpreter; and you can have an attorney represent you.
After the hearing, an appeals referee decision will be mailed to the parties involved. You may appeal to the Unemployment Insurance Appeals Board (UIAB) in case your benefits are denied a second time. Furthermore, you can appeal a denial from the UIAB by going to the Superior Court, and thereafter by going to the Delaware Supreme Court.