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Protests and Appeals

Protests and Appeals

Important note on submitting a protest or appeal

For efficient and quick processing, claimants and employers are urged to submit a protest or appeal using official UIA forms. The UIA chatbot should not be used to file a protest or appeal.

The forms to use are 1733, 1471C, 1471L and 1471T, which are available to download online. They can be submitted through MiWAM, sent by mail, or faxed.

The UIA reviews each claim to determine whether an unemployed worker qualifies for unemployment benefits.

When a new claim for unemployment benefits is completed, UIA will issue a monetary determination to the claimant and employer(s). After an investigation on the claimant’s eligibility for benefits is completed, UIA will issue a non-monetary determination to both the claimant and the employer(s). When UIA determines benefit payments should be issued to a claimant, UIA will issue a listing of the payments to the chargeable employer(s). 

Throughout the unemployment process, you will be notified by UIA of Determinations for eligibility/disqualification on your claim. If you disagree with the UIA on Determinations for eligibility, then you have the right to protest or appeal during the claim review process.

What is a protest? 

A protest is a signed written statement addressed to UIA  that indicates why you do not agree with the Determination issued that was not in your favor. 

  • When can I protest a Determination? A claimant or employer can protest a Determination, which is the first level of UIA decision making. Each Determination must be protested separately. The Protest must be received to UIA within 30 days of the Determination mail date.

What is an appeal?

An Appeal is a signed written statement to address a Redetermination (Redeterminations are issued from UIA). The statement should include why you do not agree with the decision and any supporting documentation. The appeal should be sent to the address on the back of the Redetermination or decision/order. The Appeal must be received within 30 days of the Redetermination/Decision/Order mail date. Appeals are heard by an Administrative Law Judge (ALJ) with the Michigan Office of Administrative Hearings and Rules (MOAHR), not by UIA staff, although UIA staff can participate in the appeal hearing.

  • When can I appeal a Redetermination? A claimant or employer can appeal a Redetermination if they disagree with the UIA decision.
There are four rectangles connected by arrows. The first rectangle reads "Level One: Determination issued by UIA" Below, there is an arrow labeled "Protest" that points to the second rectangle. The second rectangle reads, "Level two: Redetermination issued by UIA." Below, there is an arrow labeled "Appeal" that points to the third rectangle. The third rectangle reads "Level Three: Decision issued by Administrative Law Judge." Below, there is an arrow labeled "Appeal" that points to the last rectangle. The last rectangle reads, "Level four: Decision issued by Unemployment Insurance Appeals Commission."

The Protest/Appeals Process for Claimants and Employers

Step One
Review the Protest/Appeal Process
  1. Prepare a statement to indicate the reason(s) you disagree with the UIA's Determination or Redetermination.
  2. It is best to submit your protest or appeal through your MiWAM account. You may also submit your protest or appeal by mail or fax. Instructions are included on the (Re)determination.
  3. If you have more than one case with a pending protest or appeal, you can request that those cases be combined into one hearing before an ALJ with MOAHR. To combine cases, you must make the request at the time your appeal is filed. The request can be made through your online account or you can fill out and submit form UIA 6631 Request for Appeal Consolidation.
  4. UIA must receive your protest/appeal within 30 days from the Determination or Redetermination's mail date.
  5. If your protest or appeal is received beyond the 30 days, it is considered late. Then, you should include an explanation of why the protest is late.

Note: Claimants should continue to certify on time while your protest or appeal is pending.  Continue to look for work and report your work search activities through MiWAM or by calling MARVIN on your scheduled certification week until you return to full-time work.

 

 

Step Two
Submit a Protest or Appeal

Online (Fastest Method)

For Claimants:

  1. Login to your MIWAM account.
  2. Click on the claim ID of the involved benefit year to view the details.
  3. Click on "Determination Status," and then click on “File protest” or “File appeal” for the issue you wish to contest.
  4. Complete all the required fields and use the “add” feature to include any documentation or evidence you would like to include with your protest or appeal.

For Employers:

  1. Login to your MIWAM account.
  2. Click on “UI Tax” and then "Account Services".
  3. Under the Benefits Services section, click on “View Determinations and Decisions”.
  4. Click on “File protest” on the line item that includes the claimant’s name.
  5. If you have already filed a protest and have received a decision, the option to “File appeal” will be available for the issue you wish to contest.
  6. Complete all the required fields and use the “add” feature to include any documentation or evidence you would like to include with your protest or appeal. 

Fax or Mail

For Claimants: 

  1. Download the Protest of a Determination / Appeal of a Redetermination form and print it.
  2. Complete and sign the form.

For Employers:

  1. Download Form 1733, Form 1471L, Form 1471C or Form 1471T.
  2. Complete and sign the respective form.

Protest Fax:

Fax protest form and supporting documents to 1-517-636-0427

Protest Mail:
Unemployment Insurance Agency
P.O. Box 169
Grand Rapids, MI 49501-0169

Appeals Fax:

Fax appeal form and supporting documents to 1-616-356-0739

Appeals Mail:

Unemployment Insurance Agency
P.O. Box 124
Grand Rapids, MI 49501-0124

Step Three
What Happens After a Protest is Received?

Once the protest is received, the UIA will review and issue a Redetermination. A claimant or employer can appeal a Redetermination if it is not in their favor. 

This appeal can be filed online or by email, postal mail, or fax. The Redetermination decision issued by the UIA will include instructions on how to file your appeal. An appeal must be received by the UIA within 30 days from the mail date of the Redetermination decision.

Step Four
What Happens After an Appeal Request is Received?

After UIA receives an appeal, it forwards the appeal to the Michigan Office of Administrative Hearings and Rules (MOAHR) for processing. Appeals are processed by both UIA and MOAHR in the order received. Due to high volume, there may be a delay between the date you submit your appeal and when you receive the Notice of Hearing. 

You have the right to subpoena witnesses and documents for your hearing. Consult UIA or the Administrative Law Judge’s office for guidance.

Once a hearing is scheduled, MOAHR will mail a Notice of Hearing with the date, time, and call-in information for a telephone hearing with an Administrative Law Judge (ALJ).

MOAHR is not a part of UIA, so all documentation needs to be submitted to the office listed on your Notice of Hearing. 

It is important that you attend your hearing. Review the Notice of Hearing and below information on how to prepare for your hearing.

Resources for Hearings

Review the Guide to Unemployment Insurance Appeals Hearings for information on what happens at an unemployment insurance hearing.

Step Five
After an Unfavorable ALJ Decision

It's possible an ALJ order will be issued without a hearing. If you have a hearing, a decision by an Administrative Law Judge (ALJ) will be mailed to you after. If the decision is not in your favor, you have the right to submit a rehearing or reopening request to MOAHR, or an appeal to the Unemployment Insurance Appeals Commission (UIAC).

UIAC accepts appeals by E-File submission, email, mail, or fax. An appeal must be received by UIAC within 30 days from the mail date of the ALJ’s decision. Instructions on how to file an appeal to UIAC are included in the ALJ's decision and on the UIAC's website.

Step Six
After an Unfavorable UIAC Decision

You can appeal a decision made by the UIAC to circuit court. To be on time, the circuit court must receive appeals within 30 days from the mail date on the UIAC decision.

For additional information on how to file an appeal to circuit court, review the UIAC's Frequently Asked Questions.