After applying for benefits, we’ll mail you a decision explaining whether they were allowed or denied. If you do not understand the decision, contact us at (866) 832-2363.
If you don’t agree with the decision, you have 30 days from the mail date to file an appeal. Other interested parties, such as your employer(s), may also appeal the same decision.The appeal must be in writing and should explain the reasons you are appealing. If an appeal is filed, you should continue to file your weekly claim each week.
What is the Deputy’s decision?
The Deputy’s decision is the first decision issued by the VEC on a particular claim issue. It is issued by a Deputy in the Adjudication department. It provides the following information:
- The name of the parties in your case
- The dates benefits are allowed or denied
- The issues and law codes that apply
The decision also provides information about your right to appeal.
Where is the appeal information located?
In the upper right-hand corner of the Deputy’s decision, the final date to appeal is printed in bold. On the back of the printed decision, and at the top of the second page of the digital version of the decision, are the appeal rights. These rights explain how to submit your appeal to the agency.
Who can appeal?
You have the right to appeal if you disagree with the Deputy’s decision regarding your benefits claim. Remember, you can only appeal a decision that is adverse to you, or “not in your favor.”
When to appeal?
You must file your appeal within 30 days of the mailing date of the Deputy's decision. The VEC considers the date of your appeal as either: the U.S. Postal Service postmark, or the date of receipt by the VEC.
The final date to appeal is always stated in the decision. You must file your appeal before midnight on that date. Try not to wait until the last minute or delay filing your appeal while gathering additional evidence. Extensions will only be granted with valid proof of "good cause," meaning circumstances beyond your control which prevented timely filing.
How to appeal?
The fastest and easiest way to file an appeal is online. You can also complete and mail or fax an appeals form.
What cannot be appealed?
- Premature appeal - the appeal was filed before an adverse decision was mailed.
- The appeal did not provide enough information to determine what the person wanted to appeal.
- The appeal was a general complaint or request for payment rather than expressing disagreement with a specific Deputy's decision.
- The appeal attempted to challenge the weekly benefit amount listed on a monetary determination before the Monetary Unit has issued a redetermination.
APPEAL ONLINE
Claimants may log in or create an account through Customer Self Service to appeal online.
Employers may log in or create an account through Employer Self Service to appeal online.
Appeals Form
You can also mail, fax, or bring this form to a Virginia Works Office to file an appeal.
APPEALS PROCESS WALKTHROUGH
Visit Appeals FAQs for more details
In the first step of the appeals process, an Appeals Examiner conducts a hearing where participants must explain why they believe the Deputy's decision should be changed. The Examiner develops a record of the case, including all evidence and testimony.
Notice of Appeal
After filing a First Level appeal, you'll receive a Notice of Appeal with your docket number confirming your case is being processed. This notice is also sent to other parties involved in the claim.
Notice of Telephone Hearing
If a hearing is scheduled, we’ll mail you a Notice of Telephone Hearing at least 10 days before your hearing date with all relevant details and laws. You must register your phone number by 12:00pm EST the business day before your hearing, or you won't be able to participate. To register, call the number on the notice or register online.
When Hearings Are Scheduled
Hearings are currently being scheduled several weeks in advance.
Hearing Preparation
Organize your evidence and send it at least two business days before the hearing (but the earlier the better), sharing copies with the opposing party. Evidence not provided to the opposing party will not be considered. Register and notify any witnesses you plan to call on your behalf and find a quiet place with a reliable phone for the hearing.
Legal Representation and Assistance
You have the right to legal representation. Notify the VEC if you hire a lawyer or other representative. For accommodations for individuals with disabilities, contact firstlevelappeals@vec.virginia.gov, (804) 786-3020, or (800) 552-4500.
What to Expect
The Appeals Examiner will conduct a recorded, trial-like telephone hearing where all testimony is under oath. The Examiner will review documents, question parties, allow cross-examination, and provide time for closing statements.
Appeals Examiner's Decision
You'll receive a written decision explaining whether the Deputy's initial decision is affirmed, amended, or reversed. The decision becomes final after 30 days, unless you appeal to Commission Appeals.
What to Expect if the Appeal is Reversed in Your Favor
Allow up to 60 days for the Appeals Examiner's decision to be implemented and reviewed. Contact the Customer Contact Center at (866) 832-2363 if you haven't received an expected payment after 60 days.
If you disagree with the Appeals Examiner's decision, you can appeal to the Commission Appeals by following the instructions in your decision letter. You’ll receive a Notice of Appeal once filed.
Commission Review
A Special Examiner typically reviews Commission Appeals without a hearing and makes a decision based on the existing record. In rare cases, you may request to present new, non-repetitive evidence or request an oral argument hearing within 14 days of the Notice of Appeal mailing date.
Commission Decision
A Special Examiner will issue a written decision that becomes final 10 days after the mailing date. You can appeal to Circuit Court within 30 days of the mailing date by following the instructions in the decision letter.
Legal Representation and Assistance
You have the right to legal representation. Notify the VEC if you hire a lawyer or other representative. For accommodations for individuals with disabilities, contact firstlevelappeals@vec.virginia.gov, (804) 786-4140
These forms cannot be used as an appeal. They are for informational purposes only.
