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Protests and Appeals

Protests and Appeals

  1. Bureaus & Agencies
  2. Unemployment Insurance Agency
  3. Tools & Resources
  4. UIA Publications
  5. Protest and Appeals Process

The UIA reviews each claim to determine whether a worker qualifies for unemployment benefits. Throughout the process, you will be notified by UIA of determinations for eligibility on your claim. If you disagree with the UIA, then you have the right to protest or appeal during the claim review process.

When can I protest? A claimant or employer can protest a UIA Determination, which is the first level of UIA decision making. If a Determination is not in favorable, a statement of protest for each separate issue on the claim can be made.

When can I appeal? After having a period of time to review a claimant's protest of a specific issue in a claim, the UIA will issue a Redetermination. A claimant or employer can appeal a UIA Redetermination if it is not in their favor. Appeals are heard before an Administrative Law Judge (ALJ), not by UIA staff, although UIA staff can participate in the appeal hearing.

How do I protest?

Claimants and employers should follow these 4 steps:

  1. Prepare a statement to indicate the reason or reasons you disagree with the UIA's Determination.
  2. Your protest must be received within 30 days from the mail date on the Determination notice that you will receive.
  3. If you go beyond the 30 days, your protest is considered late. Then, you should include an explanation of why the protest is late.
  4. It is best to submit your protest through your MiWAM account. However, if you prefer to protest in writing an address and fax number are included on the Determination notice.

How do I appeal?

Claimants and employers should follow these 4 steps:

  1. Prepare a statement to indicate the reason or reasons you disagree with the UIA's Redetermination.
  2. Your appeal must be received within 30 days from the mail date of the Redetermination notice that you will receive.
  3. If you go beyond the 30 days, your appeal is considered late. Then, you should include an explanation of why the appeal is late.
  4. It is best to submit your appeal through your MiWAM account. However, if you prefer to appeal in writing, an address and fax number are included on the Redetermination notice.
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Important

Claimants should continue to certify on time even if you are protesting a UIA determination or appealing a UIA redetermination. If you win your case, you will only be paid for the weeks you looked for work and certified on time. 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. 

How Claimants and Employers can 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.  
  7. To provide additional evidence or supporting documentation, use the “add” feature to include attachments to your protest or appeal.
     

In writing by fax or mail

  1. Download the Protest of a Determination / Appeal of a Redetermination form and print it.
  2. Complete and sign the form.
  3. FOR PROTESTS: 
    • Fax the form and any supporting documents to:
      1-517-636-0427
    • Or mail to:
      Unemployment Insurance Agency
      P.O. Box 169
      Grand Rapids, MI 49501-0169
  4. FOR APPEALS:
    • Fax the form and any supporting documents to:
      1-616-356-0739
    • Or mail to:
      Unemployment Insurance Agency
      P.O. Box 124
      Grand Rapids, MI 49501-0124

What happens after a request for an appeal hearing?

Appeal hearings are processed in the order that requests are received by the Michigan Office of Administrative Hearings and Rules (MOAHR). Once scheduled, you will receive a Notice of Hearing in the mail with the date, time and call-in information for a hearing by phone. In periods of high volume, there may be a delay between the date you submit your appeal and the date you receive the notice of hearing.

MOAHR is not a part of UIA, so all documentation needs to be submitted to the office listed on your Notice of Hearing. Other interested parties, representatives from UIA and your employer will also receive a hearing notice. See your Notice of Hearing for details.

Go to MOAHR website

2 Helpful Resources for Appeals

appeals handbook cover

Guide to Appeals Hearings

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

Advocacy Program

After you appeal your redetermination to MOAHR, an advocate may be able to assist you at the hearing. This service is free to unemployed workers and employers. However, if it’s found you have committed fraud you must pay the cost of the advocacy services.

How to request an advocate

After you have received a Notice of Hearing, call the Advocacy Program at 1-800-638-3994, select option 3. Some restrictions in service may apply.

What if an ALJ's decision goes against you?

A decision by an Administrative Law Judge (ALJ) will be mailed to you. If the decision is not in your favor, you have the right to appeal to the Unemployment Insurance Appeals Commission (UIAC). This appeal can be filed online or by email, postal mail, or fax. The decision issued by the ALJ will include instructions on how to file your appeal. An appeal must be received by UIAC within 30 days from the mail date of the ALJ’s decision.

Go to UIAC website

What if the UIAC's decision goes against you?

You can appeal a decision made by the UIAC to circuit court. Any costs or fees to file an appeal to the circuit court must be paid by the person requesting the appeal. To be on time, the circuit court must receive appeals within 30 days from the mail date on the UIAC decision.

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