Wisconsin Unemployment Insurance Procedures: A Comprehensive Guide

Wisconsin Unemployment Insurance Part 2: Procedural Kate Schilling, GWAAR June 2020

EBS Role Watch deadlines Issue spotting Suggest informal resolution Interview the client Discuss merit with program attorney

Application process Create online account Provide employer info for past 18 months Register for work Must make weekly claims

Application process ***Work search and work registration are not the same requirement File an application Complete and submit all info required Upload resume on jobcenterofwisconsin.com w/n 14 days

Appeals Private attorneys are only allowed to charge 10% fee for UI appeals, so unlikely to take them on. Judicare and Legal Action will take UI appeals System is set up for unrepresented individuals

Appeal--overview Receive unfavorable determination 14 day window to appeal! Appeal online, via fax, or snail mail Good cause late appeal is very limited must be circumstances outside of the claimant s control

Hearing date Not very accommodating in rescheduling or adjourning hearing Parties may receive as little as 6 days advance notice of hearing Be prepared to go to hearing right away Exhibits Brief Documentation Testimony

Adverse party Adverse party can be employer or DWD Employer may not be the one fighting the claim Employer may have an agent represent it

Appeal documentation UI file or hearing packet Investigator s notes, employer statements, witness statements Video, copy of handbook or policy Personnel records Sent to client in advance of the hearing (can also be requested) Additional evidence to consider Medical documentation Testimony of other employees Testimony of the claimant

Appeals Per statute, presumption of eligibility for UI benefits Initially, the burden of proof is on the party trying to deny benefits Employer has the burden of proving quit, misconduct Then employee has burden of proving quit for cause

Appeal--hearing ALJ hearing is over the phone Evidentiary hearing with testimony & exhibits Similar to Medicaid ALJ hearing ALJ decision is in writing after the hearing

ALJ hearing The ALJ can interview witnesses, ask questions, make findings of fact Possible outcomes: Affirm Reverse Modify Remand

Good cause late appeal May be determined in one hearing, or May hold 2 separate hearings: One to determine if good cause for late appeal If favorable, separate hearing on the merits of the case Good cause = reason outside of the claimant s control

ALJ decision If ALJ decision is unfavorable, can appeal to LIRC 21 day appeal window Can appeal to LIRC via email, fax, or mail De novo appeal

Takeaways When in doubt, appeal! 14 day appeal window May only receive 6 days advance notice prior to hearing Claimant must do weekly certifications while appeal pending