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Filing for Unemployment Benefits in Arizona
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02-Feb-2009
Filing for Unemployment Benefits in Arizona
The current slumping national and local economy means that Arizona’s unemployment levels continue to increase. Unfortunately, many citizens who have never involuntarily lost a job find themselves the victim of cutbacks, layoffs and company bankruptcies. In the event that you find yourself unemployed through no fault of your own, Davis Miles provides the following primer on filing and processing your unemployment insurance (UI) claim.
A. Initial Filing
There are two methods available to initially open a UI claim via the Arizona Department of Economic Security (DES).
B. Appeals
Arizona allows both employees and employers to appeal decisions that they believe are erroneous. A “deputy” makes the initial determinations on UI applications with such determinations subject to appeal to an Administrative Law Judge (ALJ) who will schedule a hearing usually to be done by telephone. The ALJ-level hearing is conducted much like an informal trial with evidence and witnesses allowed. DES may even issue subpoenas for evidence if a party so requests. Parties may retain an attorney to represent them during the various hearing/appeal processes. If an employee or employer disagrees with the ALJ’s decision, either party may next appeal to the Appeals Board. Finally, following a negative Appeals Board decision, a party has one final appeal, a Petition for Appeals Board Review of Appeal Tribunal Decision or a Request for Review of Appeals Board Decision. Such final appeals must be made in writing whereas earlier appeals may be in writing or via telephone. C. Denial of Benefits The most common reasons for denials of benefits include employee misconduct and voluntary quits. In addition, if an employee is dishonest during the UI proceedings or turns down a chance to work, DES can deny benefits. D. Overpayments/ Chargebacks If you are given benefits to which DES ultimately determines you are not entitled, you must repay the amount overpaid. Such amount may be set off against future benefits to which a person is legitimately entitled. E. Weekly Claims DES must verify that a UI recipient remains eligible for benefits and therefore requires a weekly claim be submitted. Failure to submit a claim during any week may result in delayed or lost benefits. Be cognizant of state holidays; for open claims, you may have to file your weekly claim early during holiday periods. F. Other Info/Pointers
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