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Ryder Greene

PA UC board appeal success after hearing denial - is it possible?

So I got denied unemployment benefits after my hearing last week (company claimed I was terminated for violating attendance policy, but I had documented health issues). The referee sided with my employer even though I presented doctor's notes. I'm feeling pretty defeated but just filed my appeal to the Board of Review yesterday. Has anyone gone through this process and actually WON their board appeal after losing at the referee level? I'm trying to figure out if I'm wasting my time or if there's actually a chance. My savings are running low and I've been applying for jobs every day but no luck yet. This whole system feels rigged against workers.

yes ive been there got denied at hearing but won on board appeal. dont give up!!!

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Really? That gives me hope! How long did the board appeal take to process? And did you submit any new evidence or just argue that the referee made the wrong decision?

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The system IS rigged! I went through THREE levels of appeals and still got denied even with PROOF my employer was lying. It's all about who has the fancy lawyer and who knows who. Don't get your hopes up, that's all I'm saying.

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While I understand your frustration, the UC Board of Review does overturn referee decisions fairly regularly. They review the legal basis of the decision, not just the facts. If the referee misapplied the law regarding medical absences and attendance policies, there's definitely a chance of reversal. I've seen many cases where documented medical issues ultimately led to successful appeals, even after initial denials.

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I've helped several clients with UC Board appeals, and yes, they do overturn referee decisions when warranted. The key is understanding that the Board is looking at whether the referee correctly applied the law - not just rehashing the same arguments. Here's what can help your case: 1. The Board primarily reviews the existing record, so make sure your appeal letter clearly points out where you believe the referee made legal or procedural errors. 2. If your doctor's notes clearly show your absences were medically necessary, emphasize that this falls under the "good cause" exception to attendance policies under PA UC law. 3. Be patient - Board appeals currently take about 3-4 months to process in Pennsylvania. 4. Continue filing your weekly claims during the appeal process! If you win, you'll get all those weeks paid retroactively. About 30-40% of Board appeals result in reversal or remand (sending back for a new hearing), so you absolutely have a chance.

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Thank you so much for this detailed response! I didn't realize I should focus on legal errors rather than just restating my case. I'm going to rewrite my appeal letter today before mailing it. And I had no idea I should keep filing weekly claims - I thought my denial meant I couldn't file anymore. I'll start doing that immediately.

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my cousin had the same thing happen and she won her appeal to the board! but it took like 5 months so hope u have some savings. good luck!!

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I spent WEEKS trying to reach someone at PA UC to ask questions about my appeal! Nothing but busy signals and disconnections. Finally found this service called Claimyr that got me through to a UC rep in under an hour. The rep actually gave me some good insights about what the Board looks for in appeals. Saved me from making some mistakes in my filing. Check out their video to see how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 - their website is claimyr.com. Totally worth it when you're dealing with something as important as an appeal!

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is this real? sounds like a scam tbh

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One important thing to understand about PA UC Board appeals: they don't typically hold new hearings or accept new evidence unless there was a procedural problem with the original hearing. The Board reviews the transcript and exhibits from your referee hearing and determines if the law was correctly applied. In cases involving attendance policies and medical issues, these are the factors that often lead to successful appeals: 1. Evidence that the employer was aware of the medical condition 2. Evidence that you provided proper notification for absences 3. Whether the employer's attendance policy makes exceptions for medical issues 4. Whether you received prior warnings about attendance The Board tends to be more thorough than referees in examining whether termination for attendance violations was truly "willful misconduct" when medical issues are involved. If your doctor's documentation shows your absences were genuinely medically necessary, you have a reasonable chance.

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This is really helpful. I did notify my employer each time I was absent and submitted doctor's notes for most of my absences. The referee seemed to focus on the fact that I missed the 2-hour notification window on two occasions (called in 3 hours before instead) when I was actually in the ER. I think maybe the referee misapplied the "willful misconduct" standard in my situation?

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my hearing was in november and board appeal finished in march so like 4 months waiting ya

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Based on what you've shared, you absolutely have grounds for appeal. Missing the notification window due to an emergency room visit would generally not constitute willful misconduct, especially if you have documentation of the ER visit. That's exactly the kind of legal misinterpretation the Board often corrects. Make sure to specifically point out in your appeal that the referee failed to properly consider that: 1. Emergency medical situations prevented timely notification 2. You provided medical documentation 3. Your actions don't meet the standard of "willful misconduct" as defined in PA UC law Also, be aware that some employers don't bother responding to Board appeals after winning at the referee level, which can work in your favor.

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This is incredibly helpful! I'm feeling much more confident about my appeal now. I'll focus on these legal points rather than just restating all my evidence. Thank you so much!

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quick question can u still get benefits while waiting for board appeal?? or do they only pay if u win??

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You don't receive benefits while waiting for the Board's decision unless you had already started receiving them before the referee hearing (and sometimes even then they stop). However, you should continue filing your weekly claims during the appeal. If you win, you'll receive all back payments for eligible weeks you properly claimed during the appeal process.

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just wondering is your employer going to fight the board appeal too? sometimes they give up after the referee hearing if they already won

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I'm not sure. They sent three people to the referee hearing (HR manager, my supervisor, and some corporate person). They seemed pretty determined to fight it. I was the only one on my side which felt really intimidating.

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THE WHOLE THING IS A JOKE! Even if you win they'll probably hit you with an overpayment later. That's what they did to me! Won my case then 6 months later they said I was overpaid by $4,500 for some obscure reason!!!

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If your employer sent three representatives to the referee hearing, they might continue to contest at the Board level. However, this could actually help your case in a way - sometimes having multiple testimony versions creates inconsistencies that the Board identifies. One more tip: When you continue filing weekly claims during your appeal, be very careful to answer all questions accurately, especially about job searches. The 2025 PA requirements are to complete at least two work search activities each week (applying for jobs, attending job fairs, etc.) and report them when you file. Many claimants lose out on back payments because they stop doing their work search activities during appeals.

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I just went through this exact process and won my Board appeal after losing at the referee level! It took about 4.5 months but it was absolutely worth it. My situation was similar - employer claimed misconduct but I had legitimate reasons. The Board really does look at whether the law was applied correctly, not just the facts. A few things that helped me: I kept detailed records of everything, continued filing weekly claims (even though it felt pointless), and focused my appeal letter on the legal errors rather than rehashing my story. The wait is brutal financially but don't give up! The statistics show people do win these appeals regularly. Also, definitely keep doing your work searches during the appeal - I almost messed that up and would have lost weeks of back pay. You've got this!

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This is exactly what I needed to hear! Thank you for sharing your success story. 4.5 months feels like forever when you're struggling financially, but knowing that people with similar situations actually do win gives me hope. I'm definitely going to focus on the legal errors angle in my appeal letter like you and others have suggested. Can I ask - did your employer continue to fight it at the Board level or did they not respond? I'm curious if having multiple company representatives at my hearing means they'll keep fighting or if they might back off now that they got their "win" at the referee level.

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I'm in a similar boat - just got denied at my referee hearing last month and filed my Board appeal two weeks ago. Reading through all these responses is really encouraging, especially hearing from people who actually won their appeals after losing at the referee level. My case also involves attendance issues due to medical problems (chronic migraines), and like you, I had documentation but the referee seemed to focus more on the company's policy than the medical necessity of my absences. The whole hearing felt like the referee had already made up their mind before I even spoke. I'm definitely going to take the advice here about focusing on legal errors in my appeal rather than just repeating my story. It sounds like the Board really does look at whether the law was properly applied, which gives me hope since I feel like the referee completely ignored the medical exemptions in PA law. Thanks for posting this question - it's exactly what I needed to read today. We've got to stick together and not let this broken system defeat us!

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