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Protests and Appeals
If you are found to be disqualified or ineligible, and you disagree with the decision, you have the right to protest a determination or appeal a redetermination.
A Determination is the first level of UIA decision making. If the Determination is not in your favor, you may submit a statement protesting the decision. Your statement should indicate the reason(s) you disagree with the decision. A protest must be received within 30 days from the mail date on the Determination. When protesting late, you should include an explanation of why the protest is late. The address and fax number for your protest will be included on the Determination.
How to submit your protest
After accessing your MIWAM account:
1. Click on the claim ID of the involved benefit year to view the details.
2. Next, click on "Determination Status," and then click on "File a protest" or "File appeal" for the issue you wish to protest.
3. Complete all the required fields and use the "add feature to include any documentation/evidence you would like to include with your protest.
After you have requested a hearingOnce your request for a hearing before an Administrative Law Judge is received and scheduled. You will receive a hearing notice in the mail with the date, time and location of your hearing. There will also be information regarding Advocacy Assistance. You can request Advocacy Assistance via your MiWAM account or by calling 1-800-638-3994 and selecting option #2 after your hearing has been scheduled. Please continue to certify using your MiWAM account or you can still call MARVIN on your scheduled certification week.
A Redetermination is issued after a protest is received by UIA. If the Redetermination is not in your favor, you have the right to appeal. The address and fax number for your appeal will be included on the Redetermination. When appealing late, you should include an explanation of why the request for appeal is late.
Appeals are handled by the Michigan Office of Administrative Hearings and Rules (MOAHR). You will receive a Notice of Hearing by mail. MOAHR is not a part of UIA, so all documentation needs to be submitted to the office listed on your Notice of Hearing. After receiving the notice, you will be scheduled for a hearing with an administrative law judge (ALJ). Other interested parties, representatives from UIA and your employer will also receive a notice. Hearings may occur by phone or in person. See your Notice of Hearing for more details.
Review the Guide to Unemployment Insurance Appeals Hearings for information on what happens at an unemployment insurance hearing.
After you appeal your redetermination to the MOAHR, an advocate may be able to assist you at the hearing. This service is free to unemployed workers and employers. However, if the administrative law judge finds that you have committed fraud you must pay the cost of the advocacy services. If you would like the assistance of an advocate, once you have received your Notice of Hearing, call the Advocacy Program at 1-800-638-3994. Some restrictions in service may apply.
Unemployment Insurance Appeals Commission
Once an ALJ has issued a decision, you will receive it by mail. If the decision is not in your favor, you have the right to appeal to the Unemployment Insurance Appeals Commission (UIAC). This appeal may be filed online or by email, postal mail or fax. See your decision issued by the ALJ for the correct address and fax number for your appeal. An appeal of the ALJ's decision must be received by UIAC within 30 days from the mail date of the decision. For more information visit the UIAC website.
You can appeal a decision from the UIAC to circuit court. However, filing at circuit court does require filing fees. Any costs or fees associated with appealing to the circuit court are then paid by the person requesting the appeal. To be on time, any appeal to a circuit court must be received within 30 days from the mail date on the UIAC decision.
While your protest or appeal is ongoing, continue to certify on time using MiWAM or MARVIN during your reporting week(s) until you return to full-time work. This will protect your right to receive benefits if the issue on your claim is settled in your favor. If you win your case, you will only be paid for the weeks you certified on time.