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    win123's Avatar
    win123 Posts: 3, Reputation: 1
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    #1

    Apr 28, 2009, 12:29 AM
    How to appeal a determination of unemployment benefit
    I receive a notice on determination of unemployment benefit due to late filling. I went abroad for job interviews for 6 weeks so that I could not file timely. How can appeal the decision? Will I lose all my benefit or just those 6 weeks?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 28, 2009, 03:28 AM

    The procedure to file should have been provided or at least a number to call for that in the letter, was it not.

    You contact the Department of employment security ( or what they call your unemployment dept there ) and ask them for the forms to file an appeal.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Apr 28, 2009, 07:17 AM

    You will probably lose the 6 weeks of benefits due to you being out of the country as one of the requirements to collecting UI is that you are available to work and you were not being out of the country.

    You should try to appeal the decision and hopefully collect the UI from the date you returned to the US.
    win123's Avatar
    win123 Posts: 3, Reputation: 1
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    #4

    Apr 28, 2009, 11:33 AM
    Hi guys,

    Thank you for kind reply.

    Yes. I will definitely appeal. One of requirement of receiving unemployment benefit is that I can not be out of country, even for job interview? I have never known it. Where is it written? I think I am available for work. If I have an interview or job offer, I can immediately fly back.

    Do you know what I should write to convince them to change their decision?

    Thanks in advance!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Apr 28, 2009, 02:18 PM

    You said you were out of the country for 6 weeks. It would be a different matter if you flew out for one interview and then returned within the same week but to be gone for the entire 6 weeks I don't think they'll buy that plus it was not for a US job. I think they would rule against you due to out of the country stuff. You need to be available to work. The same thing would apply if you were in jail those 6 weeks. You would not have been available to go to work being in jail.
    win123's Avatar
    win123 Posts: 3, Reputation: 1
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    #6

    Apr 28, 2009, 07:15 PM

    I have been looking for job in the U. S for more than half a year. I need to pay mortgage. You can imagine how desperate I am. I don't like to lose my house. That's why I have to try all possibilities everywhere. I have two interviews and I traveled in several cities to see the possibilities to work in China. Don't you think they will believe that?
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