Maryland Appeals Process – What Happens When you’re Denied Benefits?
If the Maryland Department of Unemployment Insurance (DUI) denies your claim for unemployment benefits in Maryland, you have options. The first option is to file an appeal to the Appeals Division (AD). An appeal is a fair and impartial administrative hearing before a judge called a Hearing Examiner(HE). You will be able to exercise your right to present testimony, evidence and witnesses to prove your case.
The hearings are usually held over the telephone. If necessary, the DUI will schedule an in-person hearing. You may also request one.
How to File Your Unemployment Appeal in MD
If the DUI denies your appeal, you will receive a Notice of Benefit Determination. That notice will include the information on how to file your appeal. You will have 15 calendar days from the mailing date on the notice in which to file the appeal. You must file the appeal in writing and deliver it by mail, fax or in person to:
1100 N. Eutaw Street, Room 505
Baltimore, MD 21201
You cannot Email your appeal.
Your appeal should include:
- Current contact information
- Your SSN
- The determination you are appealing
- A brief statement of the reason for the appeal
- Do not forget to sign the letter!
If you fail to file a timely appeal, you will have to show a good cause why the AD should not allow the DUI’s decision to stand.
Preparing for the Unemployment Appeal Hearing
You will receive a Notice of Hearing after the DUI has processed your request. The notice informs you of the date and time (and place, if in-person) of the hearing. Check for scheduling conflicts. You will have to request a rescheduling of the hearing. You must show a substantial reason for the Hearing Examiner to grant your request.
If you know you will need special assistance, like a language translator or TTY service, you should make your request to the Appeals Division immediately. The AD will provide these services for you. You may not bring your own translator to a hearing.
You have certain rights you may exercise during the hearing. These rights are crucial to your ability to present a sound argument.
You have the right to be represented at the hearing. You may hire an attorney, ask a union rep or friend. Many people represent themselves at the hearing with few problems. The HE understands that parties to the hearings are not trained pros and will conduct the hearings accordingly.
If you do ask a friend, note that your friend cannot provide testimony if they are acting as your representative.
Attorneys must follow special rules to represent clients in these hearings. It will be their responsibility to follow these rules if you hire them.
You have the right to present relevant witness testimony at the hearings. The witness should have first-hand knowledge of the circumstances of your separation from work.
You have the right to present evidence at the hearings. If you want to present written documents, the person who created them may need to appear to verify the documents. Evidence produced in the normal course of a business, like a time sheet, does not need to be verified.
You must make copies available to the opposing party and the HE in advance. If you don’t provide a copy to the opposing party, the HE may not allow you to present the evidence.
If you want to present audio or video evidence, contact the AD to inform them. They may suggest having an in-person hearing.
There may be witnesses who are reluctant to testify or produce evidence. If you don’t think you can present your best case without them, you may request that the HE issue a subpoena. This will compel the witness to appear or produce the document you need.
The HE may deny your request. You can still bring it up in the hearing so that the existence of your evidence or witness is on the record for a next-level appeal.
Collect your witnesses, evidence and consider what you would like to say during the hearing. Form an argument based on facts and logic.
In-person hearings are sometimes reserved for more complex cases. The AD will inform you of where your hearing will be held. Here is a list of the various locations in Maryland where they are held.
1100 N. Eutaw St., Rm. 511
Baltimore, MD 21201
Baltimore, MD 21201
7500 Ritchie Hwy., Ste. 305
District Ct. Building
Glen Burnie, MD 21061
7161 Columbia Gateway Dr., Ste. D
Columbia, MD 21046
Laurel Executive Center
312 Marshall Ave
Laurel, MD 20707
7930 Eastern Blvd.
Baltimore, MD 21224
11002 Veirs Mill Road
Westfield South Office Building
Wheaton, MD 20902
At the Hearing
The HE will swear in the parties, note the issues to be discussed and provide instructions at the beginning of the hearing.
If the issue is whether you were dismissed for misconduct, the employer will go first. If the issue is whether you quit without a good cause, you will go first.
Both parties will present their testimony. Both parties will have the opportunity to ask the other party questions regarding the testimony presented when each has finished.
The HE may ask questions at any time during the testimony, usually to help bring out facts or move the hearing along.
Both parties will have the right to make a closing statement at the end of the hearing.
The HE will issue a decision several days after the hearing is completed. If you disagree with the decision, you may appeal the decision to the Board of Review.
If You Miss Your Hearing
If you are substantially late or don’t show up for the hearing and you filed the appeal, the DUI’s original decision will stand. You will have to request to reopen your appeal and show good cause for missing your original hearing date.
FAQ for Lower Appeals (in an appeal to the HE)
Read prior decisions by the Appeals Division to get an idea of how cases have been decided before.