How do I appeal an unemployment insurance denial in Indiana?
1. Agency. The Indiana Department of Workforce Development (DWD) administers UI under Indiana Code Article 22-4 (Ind. Code § 22-4-1-1 et seq.).
2. Common Disqualifications. Voluntary leaving without good cause in connection with the work (Ind. Code § 22-4-15-1), discharge for just cause (§ 22-4-15-1(d)), refusal of suitable work (§ 22-4-15-2), not able and available (§ 22-4-14-3), or receipt of dismissal/severance.
3. Determination Notice. DWD issues a Determination of Eligibility through Uplink stating the reason and appeal rights.
4. Appeal Deadline. 10 calendar days from the mailing date of the determination (Ind. Code § 22-4-17-2). Late appeals require good cause.
5. Filing the Appeal. File through the Uplink CSS portal, by mail, fax, or in person.
6. First-Level Hearing. An Administrative Law Judge from the Appeals Division conducts a telephonic de novo hearing (Ind. Code § 22-4-17-3). Both parties testify under oath, submit documents, and cross-examine.
7. Burden of Proof. Employer bears the burden on just-cause discharge; claimant bears the burden on good-cause voluntary leaving.
8. Decision. The ALJ issues a written decision typically within 30 days.
9. Second-Level Administrative Appeal. Appeal to the three-member Review Board within 15 days (Ind. Code § 22-4-17-3); review is typically on the record.
10. Judicial Review. Appeal to the Indiana Court of Appeals within 30 days under Ind. Code § 22-4-17-12; review is on the substantial-evidence standard.
11. Continued Filing. Continue weekly vouchers through Uplink during the appeal to preserve back pay.
12. Overpayment. If you lose, DWD issues an overpayment notice; non-fault waiver is unavailable but repayment plans can be arranged (Ind. Code § 22-4-13-1).
This is legal information, not legal advice.
- DWD alleges fraud with 25% penalty
- Employer is represented at the ALJ hearing
- Your separation overlaps with an Indiana wage-payment or FCRA claim
- Ind. Code § 22-4-15-1
- Ind. Code § 22-4-17
- Ind. Code § 22-4-13-1
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.