Appealing an Unemployment Overpayment

An appeal means asking a judge or a group of judges to review a legal decision you disagree with. The right to appeal decisions made by state courts, federal courts, and state agencies (like the Oregon Employment Department) is a fundamental part of our U.S. legal system. 

By going through an appeal, you can reverse or change a part of the overpayment decision. A judge can say you don't have to pay the money back or that you owe less money. 

The unemployment appeals process

Appealing an unemployment overpayment involves three basic steps: 

1. Start the appeal by filing paperwork. 
2. Have a hearing with a judge. 
3. Get a written decision from the judge. 

How long does an unemployment appeal take?

It varies. For some people, it takes a few weeks. For others, it can take more than one year.

You can file an appeal using any of these methods: 

• Online: Log in to your Frances Online account and file your appeal there. If you don't have an account or you're having trouble logging in, go to the Frances Online website and select Contact Us. Then fill out the form titled "Message the Oregon Employment Department" to submit your appeal. 
• Phone: Call 503-947-3149 and leave a message. 
• Mail or fax: Print and fill out the "Unemployment Insurance Benefits Request for Hearing" form and fax it to 503-947-1335 or mail it to Unemployment Insurance Hearings, P.O. Box 14135, Salem, OR 97309. 

Details to include when you file an appeal 

When you file your appeal, you'll need to provide: 

1. Your Social Security number or customer identification number. 
2. Your letter I.D., which is the number on the overpayment letter sent to you. 
3. The date of the decision, which is usually the date on your overpayment letter. 
4. Brief information about why you are appealing. 
5. Dates and times that you will not be available for a hearing in the next year. 

What if I don't have all this information? You can still file an appeal. Provide as much information as you can and explain why you're missing the rest. For example, maybe you never received an overpayment letter, or you lost it. Don't let missing information stop you from appealing. 

Deadline for filing an appeal 

You have only 20 days from the date on the overpayment letter or decision to appeal. If you miss this deadline, you may still be able to file an appeal if you have a good reason. 

What to do if you miss the appeal deadline 

File your appeal anyway. You'll need to go through some extra steps and provide a good reason for missing the deadline, but there's a good chance you can still go through the appeals process. 

If you turn in a late appeal, you'll get a notice from the Oregon Employment Department that will make it sound like your case is being dismissed and you can't appeal.  

But read the notice carefully. It will tell you how to explain to the Employment Department why you filed your appeal late and how to get your case reinstated. 

After you file an appeal, you will have a hearing. This hearing is your chance to prove to a judge that the Employment Department got something wrong in your case.  

What to expect at the hearing

Your hearing will be by phone or video and not in a courtroom. It will usually be one hour or less.

The judge will run the hearing and explain what to do. They will give you a chance to testify, have witnesses testify for you, and present other evidence. 

A representative from the Employment Department will also be there. The judge will also let them testify, present evidence, and call witnesses. 

How to prepare for an appeal hearing 

1. Start by rereading your overpayment notice. Your overpayment notice will explain why the Employment Department thinks they overpaid you. It will also tell you the Oregon Administrative Rules and Oregon Revised Statutes that apply to your case. 
2. Next, read the rules and laws that apply to your case. This will help you understand your rights and whether the Employment Department followed the laws. 
3. Last, gather evidence. You'll need evidence to prove the Employment Department messed something up in your case. Your evidence can include:  
   • Your testimony (what you say at the hearing). 
   • Testimony or letters from witnesses. 
   • Documents and records. 
   • Letters, emails, or other communications. 

Visit this page for more information on preparing for a hearing. 

How to win your unemployment appeal hearing 

There are many ways to win your overpayment appeal hearing. You can win by convincing a judge that any of these things are true: 

• You weren't overpaid. 
• You owe less than what they say you owe. 
• The overpayment was caused by a mistake. 
• The Employment Department didn't follow the law correctly. 
• You didn't commit fraud. 

To prove any of these things, you need evidence. The more reliable evidence you have, the better your chance of winning your appeal. For example, if you testify about something and then have a witness and documents to back up what you're saying, it makes your case stronger. 

Your evidence can include any of these things: 

• Your testimony. 
• Testimony from witnesses. 
• Documents and records. 
• Letters, emails, or other communications. 

Visit this page for more information on preparing for a hearing.

Getting a decision after the hearing 

It may take a few weeks after your hearing to get a decision. The decision will be mailed to you. The decision will let you know the outcome of your hearing. The judge will also explain their reasoning for the decision.  

If you disagree with the judge's decision, there will also be instructions for how to ask the Employment Appeals Board to review your case. 

Contact a lawyer if you have more questions. Sometimes, even a short phone call or consultation can help steer you in the right direction. 

• If you can afford to pay a lawyer, you can call Oregon's Legal Referral Service to get referred to a private attorney who may be able to help you with your appeal. 
• If you can't afford a lawyer, call Oregon's Public Benefits Hotline for free advice and information from a legal aid attorney or paralegal.