How do I appeal an unemployment insurance denial in South Carolina?

1. Agency. The South Carolina Department of Employment and Workforce (DEW) administers UI under S.C. Code Ann. Title 41, Chapters 27-41.

2. Common Disqualifications. Voluntary quit without good cause (S.C. Code Ann. § 41-35-120(1)), discharge for misconduct or cause connected with the work (§ 41-35-120(2)), refusal of suitable work (§ 41-35-120(3)), not able and available (§ 41-35-110), or receipt of severance.

3. Determination Notice. DEW issues a Determination of Insured Worker through the MyBenefits portal stating the reason and appeal rights.

4. Appeal Deadline. 10 calendar days from the mailing date of the determination (S.C. Code Ann. § 41-35-680). Late appeals require good cause.

5. Filing the Appeal. File through MyBenefits online, by mail, fax, or in person at a SC Works center.

6. First-Level Hearing. The Appeal Tribunal conducts a telephonic de novo hearing before a Hearing Officer (S.C. Code Ann. § 41-35-690). Both parties testify under oath, submit documents, and cross-examine.

7. Burden of Proof. Employer bears the burden on misconduct discharge; claimant bears the burden on good-cause voluntary quit.

8. Decision. The Hearing Officer issues a written decision typically within 30 days.

9. Second-Level Administrative Appeal. Appeal to the DEW Appellate Panel within 10 days (S.C. Code Ann. § 41-35-720); review is generally on the record.

10. Judicial Review. File a petition for review in the administrative law court within 30 days under S.C. Code Ann. § 41-35-750 and § 1-23-380; review is on the substantial-evidence standard.

11. Continued Filing. Continue weekly certifications through MyBenefits during the appeal to preserve back pay.

12. Overpayment. If you lose, DEW issues an overpayment; non-fault waiver is narrowly available (S.C. Code Ann. § 41-41-40); fraud carries a 25% penalty.

This is legal information, not legal advice.