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Unemployment Adjudication and Fact Finding Mechanism

Updated : August 4th, 2020

Adjudication is the legal process for settling the dispute between employee and employer.

An unemployed individual applies with the state for weekly unemployment insurance. The state’s labor department begins the process by contacting the last employer to verify the reason for termination of employment. The last employer can question the claim and based on this, the claim may be denied. The claimant may appeal a denied claim. The adjudication hearing or fact finding interview gives the applicant an opportunity to present his case for a contested claim or denied claim.

Once a valid claim has been established, it is then reviewed to determine if you, or a former employer, have provided any information that could come in way of unemployment payments.

If an issue is raised, an adjudicator will review any information that you have already provided, and if additional information is needed, you will be contacted. An adjudicator may contact you by telephone, e-mail or mail. If contacted, you must be prompt and sincere in providing a response at the earliest so that the adjudicator has all information in hand to help him decide.

An issue is a condition or circumstance that could result in the denial of benefits as required by the eligibility and disqualification provisions in law of a particular state.

Potential Reasons for Denial of Benefits

An array of issues as provided below can potentially result in delay or denial of claims filed by the applicant.

  • You were terminated (fired), you quit, or you are on a suspension or leave of absence from your last employer or other recent employers.
  • You are a school employee or worked providing services for an educational institution while in the employ of a private employer holding a contract with a public or non-profit educational institution and you are not working because you are between terms or on a vacation or holiday.
  • You are unable or unavailable to work or to accept work or you are not looking for work or you have failed to report the required contacts with prospective employers for work during a claim week.
  • You are currently attending school or training(subject to exceptions)
  • You are currently self-employed, seasonally employed or working as a freelancer.
  • You are receiving payments of some kind from a recent employer that includes severance.
  • You refused a suitable job offer or you refused a referral.

The reason for separation from your last employer usually determines whether you are eligible to receive unemployment benefits. If you have not earned the minimum amount as prescribed by the state, then there can be a roadblock that will stop you from qualifying. The adjudicator is required to investigate your separation(s) by finding out why you left the job(s) in case the claim is contested by either of the parties involved. The adjudicator must determine if you were separated from the employer(s) under conditions that might disqualify you from receiving unemployment compensation.

Upon completion of investigation, the adjudicator will issue a written determination(s) which is mailed to you and the employer(s). If there are multiple determinations, all must be favorable in order to receive benefits. For example, if you worked with three different employers and two determinations are favorable and one determination is not, the entire claim is denied and payments cannot be made until that disqualification has been satisfied.

Note: You will be contacted only if information is needed in addition to the information you provided when you filed your claim. Please note the adjudication process can take two to six weeks from the time an issue is raised until a determination is made.

Appeal Process

You may request an appeal whenever a determination is not favorable to you.  Instructions and procedure for filing an appeal are provided on the website of the state. Assistance is also provided over the phone by the customer service/claims helpline of the labor department.

You must complete the form and submit the appeal using the Internet or you may request an appeal in writing posted to the relevant office in your state.

It’s imperative that you keep self updated on the appeals mechanism available in the state labor unemployment laws. If you think your unemployment will last for a longer duration/believe that the claim filed by you may not easily pass through the regular approval process, you must have sound acquaintance with the basics to face any surprising encounters.

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  1. So I have been getting ue for 6 months and on Oct 21 I had a fact finding issue found and cleared after taking a month, I got put on hold I got nothing no benefits nothing because I am on hold until cleared up and it was another month later in my favor, I’ve been without payment since Oct 21 since then I have been on HOLD, I am beyond pissed, I call every Fri I see the letter I received saying its in my favor that says I am Monetary Eligible-yet I still have 6 payments on hold. I call DEO and I talk, I beg and I get told “we are working on it”, the letter is in my favor I am poor not rich I am poor Why how do you people get away with this

  2. Hello

    I’m 59 years old and was laid off in March 2020 due to Covid.
    In June 2020 I was advised my job was eliminated and there is no chance of me
    Being brought back. I’m collecting UI since March.

    Pondering the thought of taking my early retirement pension as I can’t survive on
    UI any longer. My pension is of course reduced due to my age. Full pension is age 62.

    If I apply for early reduced pension in this situation, does my UI benefit get decreased? I’m in New York.
    I’m still looking for full time work. No luck.

    Thank you so much
    Lorraine

  3. i was just layed off from my job, i did collect benefits in pa. my job is seasonal igot unemployment payments in jan. to april i had 26 weeks of unemployment , but only used about 13 weeks, and was called back to work. i received 2 weeks of 600 dollars of stimlus money. my question is now that i reopened my 2020 claim . i,m i still elegibe for any more stimlus payments along with my regular unemployment payments.

  4. I am 65 yrs old in California and being layed off in Dec 2020. If I apply for unemployment benefits and collect a company pension, will the pension reduce the unemployment benefits ? If you answer call unemployment what is the department or do you have a phone number for a help line. I have called and get automated questions that do not apply to my situation.
    Cannot get to a live person.

  5. Several years ago I was part of a reduction in force and was early-retired for pension purposes. I count on this small pension ($2K/mo) to supplement my employment which has been inconsistent this past two years. I am filing for UI in IL and I qualify for it, but they are saying my pension reduces my UI benefit to zero. Is that right?

    1. Mike,

      That is partially right. The pension will have an impact on UI benefits. Please check for relevant info on the Unemployment Office’s website.

  6. I have $219.00 left on my UE and still no work due to covid-19 will i be able to get a extension on my UE and will it cover the last two weeks. I request payment tomorrow.

      1. My benefits have expired, still.unemployed due to over 65, wdiebrtes, high blood pressure and have one kidney, Can I get PUA , Cares Act for any assistance

  7. im working at a place i have been layed off from a lot in my career.i got 30 yrs in there so i can retire now but need another job to make it hoping to stay working and get more hours.If i take a new job and get layed off there I will BE DRAWING 1400 A MONTH FROM THE JOB I WORKED 30 YRS would i be able to draw unemployment if the new job lays me off and would it be reduced because of my retirement money of 1400 month.

  8. My bf was laid off in April he got the the 600 to start with now he is only getting the unemployment and no extra when we hear ppl getting 3 checks totaling 40k that might be lies but still that is bullshit.

  9. I Sharon Bland or Sharon Scott or Sharon Ann Mccraw
    Use my phone to claim two of my boyfriends and my own benefits. Is that ok ?

  10. I’m getting pua on employment and it was supposed to be backdated to May 27th when I wasn’t ableable to start my new job and somehow it’s August 24th they said it would be backdated been sending messages and pua people keep saying they have emailed you guys too but nobody gets back to me who do I need to contact about this thank you

  11. I check my checking account balance every week but I cannot tell if I am getting my 300.00 extra unemployment. Also. How can I tell if I got my back time unemployment .

    1. Thelma,

      I did not understand what you meant. Please reach out to the Unemployment Office for precise answers to all your questions.

  12. I have exhausted my UI and all extensions. Not eligible for Fed Ed. Does EDD open a PUA claim for me. Or do I have to aoole for it. Its been past 30 days since receiving my Fed Ed denial letter.

  13. i have been unemployed for the whole year almost and since i have been trying to distance myself to better my all around health, it took me this long to file for benefits, i was hoping to get back pay all the way to the beginning.

    1. Zach,

      To qualify, the claimant is required to have sufficient earnings/employment during the “Base Period”. Please use the “Benefits Calculator” available on this website for more.

  14. Thank you o much for investigating this. When I received an overpayment statement and my benefits where stopped I felt my heart drop to my stomach. Already being evicted by a slumlord and now no income, i had to start working when i feel very at risk for getting the virus because of pre-existing conditions and the reason for filing in the first place. i am a cosmetologist and considered non-essential. I feel utterley hopeless and helpless in this situation.

  15. I cannot contact anyone in the unemployment offices because the phone hangs up on me in all cases after listening over and over the recorded message. I have called three numbers .

    I have received pandemic unemployment since March 31st. There was a pending adjudication but I never received any questions, letters nor emails about it and I was approved and paid. Now…this is what the website says:
    7 of 7 entries
    Issue Identification Number Employer Name Issue Type Status Date Mailed Level
    0002 7693 59-01
    PUA Pending 11/16/2020 Adjudication
    0002 4773 71-01
    Program Integrity Mailed 11/6/2020 Adjudicati
    Claimant Inbox
    Select the Search button to display your action items. To narrow your search, input issue date range below and select the Search button.
    Issue Date: From: To: 11/6/2020 to 11/16/2020
    Inbox
    • Below are the items that require your attention and that you need to take action on for your claim.
    • Select the Document ID
    I need this money to survive as others do while I am trying to re-establish any contract freelance work I am capable of doing….I report my small jobs as I get them but they do not come close to equaling my unemployment as of yet. Please tell me where I can go to find out what is needed here.

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