Has anyone appealed their PA UC denial to Commonwealth Court? Did UC settle before trial?
After going through referee hearing and then Board of Review (both denied my claim), I'm considering taking my PA unemployment case to Commonwealth Court. My attorney says we have a strong case because the employer's witness gave contradictory testimony about my final warning. Has anyone here actually gone all the way to Commonwealth Court with their UC appeal? I'm wondering if the Board of Review typically tries to settle these cases before they reach the actual court hearing to avoid setting precedents. My separation happened in January 2025 and I've been fighting this for 4 months now. Just trying to gauge if it's worth the continued stress and legal fees to push this further.
18 comments
Join the conversation
Kingston Bellamy
Yes, I took my case to Commonwealth Court in 2025 after the Board of Review denied my appeal. The UC office actually did reach out to settle about 3 weeks before the scheduled court date. My attorney said this happens fairly often when they think they might lose and don't want to risk setting a precedent. In my case, I had documentation that directly contradicted what my employer claimed about my attendance warnings. Make sure you have solid evidence - that's what makes them nervous about going to court.
0 coins
Morita Montoya
•That's really helpful to know! Did you end up settling or going through with the court hearing? I'm curious what kind of settlement they offered - was it full benefits or partial?
0 coins
Joy Olmedo
my cousin went all the way to court and won but it took like 8 months lol the UC people never offered to settle with him but he had a pretty clear case with emails proving his boss was lying
0 coins
Isaiah Cross
•It's pretty rare for cases to make it all the way to Commonwealth Court. According to PA UC statistics, less than 2% of Board of Review decisions get appealed to that level, and of those, many do settle before the court date. The timeline your cousin experienced (8 months) is unfortunately pretty typical due to the court's backlog.
0 coins
Kiara Greene
I've been through this EXACT situation in 2024-2025! The Board of Review is TERRIBLE and they rubber stamp whatever the referee decides 90% of the time. I filed in Commonwealth Court and guess what? Two weeks before the hearing date, I got a call from UC's attorney offering to reverse the decision and pay ALL my back benefits if I would withdraw the court appeal!!! They knew they were gonna lose and didn't want that on record!!!! My advice: if you have SOLID evidence they were wrong, GO FOR IT. Just be prepared for the wait.
0 coins
Evelyn Kelly
•Wow really? Thats awesome you got them to cave like that! How long did the whole process take from when u first filed til they settled?
0 coins
Kingston Bellamy
To answer your question about my case - yes, I did settle. They offered me full benefits with all back payments. My attorney negotiated to also have them cover a portion of my legal fees, which wasn't much but better than nothing. The settlement came with a confidentiality agreement (which is why I'm being vague about specifics). From what my attorney told me, they're most likely to settle when: 1) You have documentary evidence contradicting employer testimony, 2) There were procedural errors in the referee hearing, or 3) The Board misapplied the law. Contradictory testimony like you mentioned can definitely fall into category 1.
0 coins
Morita Montoya
•Thank you for the additional details. That's exactly my situation - I have emails that directly contradict what the employer's witness said about my final warning. My attorney mentioned the confidentiality agreement might be required. Did you find it worth the stress and waiting? I'm already 4 months into this process.
0 coins
Paloma Clark
I'm dealing with the exact same situation right now and can't even get someone on the phone to explain why my appeal was denied! I've been trying to call the UC service center for 3 weeks to understand the Board's decision but keep getting busy signals or disconnected. Has anyone found a way to actually speak with someone who can explain these decisions?
0 coins
Heather Tyson
•I was in the same boat trying to understand my Board of Review decision. After getting nowhere with the regular UC number, I tried Claimyr (claimyr.com) and they got me connected to a PA UC rep in about 20 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. The rep I spoke with actually explained which part of the law they were applying in my case, which helped my attorney prepare our Commonwealth Court appeal.
0 coins
Kiara Greene
To the person who asked how long my case took - FOREVER!!! Filed my initial claim in November 2024, denied in December, referee hearing in January 2025, Board of Review denied in March, filed with Commonwealth Court in April, and they settled in late June. So about 8 months total. BUT I GOT EVERY PENNY I WAS OWED with interest!!! The system is designed to wear you down so you'll give up. DON'T GIVE UP if you know you're right!!
0 coins
Evelyn Kelly
•thx for sharing! thats good to know about the interest part, i didnt realize they had to pay interest on back benefits
0 coins
Isaiah Cross
Just to add some more context about Commonwealth Court appeals for PA UC claims: 1. The filing deadline is 30 days from the date of the Board of Review decision 2. You don't need an attorney to file (though it's highly recommended) 3. There's a filing fee, but you can request a fee waiver if you have financial hardship 4. Your case will be decided either on briefs alone or with oral argument 5. Settlement discussions typically happen after briefs are submitted When the UC office determines they have a weak case, they often prefer to settle rather than risk an unfavorable published opinion that could affect future cases. A contradictory testimony issue like yours is exactly the kind of case they might want to settle.
0 coins
Morita Montoya
•This is extremely helpful information. My attorney mentioned the brief submission process but didn't explain that settlement talks typically happen after that point. Do you know roughly how long after filing it takes to get to the brief submission stage? Just trying to create a realistic timeline for myself.
0 coins
Joy Olmedo
ur brave for taking it all the way to court! i gave up after the board of review denied me cuz i couldnt afford a lawyer and was afraid id mess it up on my own. let us know what happens!
0 coins
Kiara Greene
•You can actually represent yourself in Commonwealth Court! I had a consultation with an attorney who reviewed my case and gave me pointers, but I filed everything myself using the court's self-help resources. If your case was strong and you had good evidence, you might have won! The judges there actually read everything carefully, unlike the Board of Review that just rubber stamps denials!!!
0 coins
Isaiah Cross
To answer your timeline question - after filing with Commonwealth Court, the typical schedule is: - 40 days for the Board to certify and submit the record - 30 days after that for you (the petitioner) to file your brief - 30 days for the Board to file their response brief - 14 days for your reply brief (optional) So settlement discussions often happen around 3-4 months after filing. If your case proceeds to oral argument, that might be scheduled 1-2 months after briefing concludes. So realistically, you're looking at 4-6 more months from where you are now. Given that you mentioned contradictory testimony, document everything carefully for your brief - exact quotes, dates, times, etc. These specific inconsistencies are what can make the Board nervous about proceeding.
0 coins
Morita Montoya
•Thank you so much for breaking down the timeline. That's longer than I'd hoped but honestly worth it if there's a decent chance of getting my benefits in the end. I'll start gathering all the specific quotes and documentation from the referee hearing transcript. Really appreciate the detailed advice!
0 coins