Denial of Benefits in Florida
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Getting denied unemployment benefits in Florida can be frustrating for claimants. A denied unemployment claim is usually decided upon because the applicant does not meet all the criteria to receive benefits. If getting unemployment benefits denied seems like a mistake to you as a claimant, you have options to try and appeal the decision made. An unemployment claim that has been denied can leave the potential claimant feeling hopeless, but there are strategies to get the decision overturned. When an applicant has had unemployment compensation denied, claimants should be open to the idea that the decision was made due to a misunderstanding. Following through with the appeals procedure may result in a reversed decision of denial, in addition to dispensation of unemployment insurance benefits.
To learn more about why unemployment benefit denials happen and what can be done about them, review the following sections below:
- Reasons to get unemployment benefits denied in Florida
- Filing an unemployment denial appeal in Florida
Reasons to Get Unemployment Benefits Denied in Florida
If unemployment compensation benefits were denied to you in error, you have options. As a potential claimant, there may have been several reasons for this misunderstanding between your eligibility factors and the criteria requested by the state for approval of unemployment benefits. A claimant may be denied unemployment benefits for several reasons, most of which include not meeting the outline eligibility requirements.
The most common reasons unemployment benefits will be denied include:
- Not being able to show a valid reason for leaving past employer.
- Being discharged from the latest employer due to misconduct.
- The payment of severance or a pension package after leaving employer.
- The inability to be able and willing to take on a full-time job and make job search contacts.
Being denied unemployment benefits due to one of the above factors not being met is a common occurrence. Oftentimes, there is a dispute as to how an employee was let go from an employer. Wrongful termination makes a previous employee eligible for unemployment benefits but can be hard to prove. If this was the cause of your latest job loss, you may need to have documentation and witnesses to prove this to the officials so you can be approved to receive unemployment insurance compensation. Petitioners who have been denied unemployment benefits may be due to having been terminated from the previous employer for misconduct. You will need to dispute these findings with valid proof in order to have the denial decision overturned.
A candidate may have his or her Florida unemployment compensation benefits denied because of the income being reported. If you are receiving a severance package from your previous employer, your current income from this package could be too much for you to qualify to receive unemployment insurance benefits. You will need to prove that you are not receiving this income or that the income is less than $275 per week to be eligible for unemployment benefits with the state.
Applicants who are unable to perform job search contacts and actively search for work will be denied unemployment, as this is an ongoing stipulation to receiving aid. FL unemployment benefits denied will occur to those claimants that do not meet the criteria for job searching each benefits week. Being unable or unwilling to accept a full-time job will lead to disqualification to receiving unemployment benefits compensation.
If you are wondering ‘What can I do if unemployment was denied?’ you have options to appeal the decision made. With enough proof to refute the benefits denial and the ability to meet all eligibility criteria, an appeal can easily overturn a denial of unemployment benefits.
Filing an Unemployment Denial Appeal in Florida
A Florida unemployment denial appeal is possible for claimants who recently received a denial of benefits. If you feel your claim has been denied in error, you can start the appeals process to try and get that decision overturned. The decision to have your unemployment benefits denied can be negated filing an appeal with the state within 20 calendar days of receiving the denial letter.
An unemployment denial appeal request can be filed by:
- Logging into your CONNECT account and choosing the appropriate tab to start the appeals process.
- Sending a written letter to the department that is postmarked within 20 calendar days of the denial.
When a denial letter has been received and an appeal has been filed, the process of litigation and investigation will commence. An unemployment denial appeal pamphlet will be sent in the mail to your address with more information on the process, what to expect and how to prepare. A hearing will be scheduled between the claimant and previous employer and it may take place over the phone or in person. If wrongful termination is the dispute for an appeal, the mediator will need to hear both your side and your past employer’s side of the case. Proof of wrongful termination with documents and witnesses will be important to prove your case.
After the unemployment denial appeal hearing, a written decision will be made by the mediator and mailed to your home address. If you still disagree with the decision and feel you meet the criteria to receive unemployment benefits, you may then request a second review of your case from the Reemployment Assistance Appeals Commission. No new hearing will take place, but the current case will be reviewed again by officials to determine a decision. Missing a Florida unemployment denial appeal hearing for a good cause may also allow you to have your case looked at again by officials.