PA UC denied my claim for "disqualifying separation" despite caregiver documentation - help with appeal?
I'm absolutely crushed right now. Been waiting 9 weeks on my PA unemployment claim with 2 open issues that finally got resolved today - WITH A DENIAL. The issues were about me leaving my job. Yes, I quit, but I had legitimate reasons! I'm the primary caregiver for my sister who has a serious medical condition leaving her non-mobile. I submitted ALL the documentation proving this - medical records, a formal letter explaining the caregiving situation, everything. My employer had me on a performance improvement plan too (convenient timing, right?), but that wasn't why I left. My former employer never even responded to their part of the fact-finding questionnaire! I called UC today and the rep was super nice, said they'd escalate to a supervisor and I'd get an answer within 24 hours. Well, got my answer alright - DENIED for "disqualifying separation" at 4pm. They completely ignored all my documented evidence! Now I have to file an appeal and wait even longer. To make matters worse, my former employer is withholding my final paycheck claiming I went over on PTO (which is total BS - I never even took time off). I'm so tired of getting the runaround from these UC reps who just tell you what you want to hear to get you off the phone. Has anyone been through the appeal process? How long does it usually take? Any tips for winning?
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Ella Thompson
Your situation falls under what's called a "necessitous and compelling reason" to quit, which should qualify for benefits. The caregiver responsibility is valid, but appeals can take 6-12 weeks to be scheduled right now, unfortunately. Make sure your appeal clearly states: 1. You quit to become a caregiver for an ill family member 2. You provided documentation proving this necessity 3. Your employer never responded to their questionnaire 4. The performance review was unrelated to your separation Also, for the withheld paycheck - file a wage complaint with PA Department of Labor. That's completely separate from your UC claim.
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Matthew Sanchez
•Thank you!! This is really helpful. When filing the appeal, should I submit all the same documentation again? I'm worried they'll just ignore it like they did the first time. And do you think having a lawyer would make a difference? I'm running out of savings and don't know how much longer I can wait.
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JacksonHarris
thsi happened to me last yr. denied for same thing even tho i had proof. the appeal hearing was actually fair - got a different examiner who ACTUALY READ my documents!! took like 8 wks to get hearing date tho. just hang in there
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Jeremiah Brown
•Appeal hearings are conducted by Unemployment Compensation Referee's who are separate from the UC Service Center staff who make initial determinations. They take a fresh look at all evidence, which is why many initial denials get overturned. Make sure you submit EVERYTHING for your hearing, and be ready to clearly explain your caregiving situation.
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Royal_GM_Mark
omg they ALWAYS say they'll get back to you in 24 hours and NEVER do! I was told that 5 times and it took 3 months to get my issue resolved. The whole system is designed to make people give up. Don't let them win!
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Amelia Cartwright
•I've been trying for WEEKS to get through to PA UC about my open issues. Always busy signals or disconnects. Finally found this service called Claimyr that got me through to an agent in 15 minutes! They charge a fee but it was worth it to finally get answers. Check out their demo video: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 or go to claimyr.com - seriously saved me from pulling my hair out.
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Chris King
According to PA Law, being a caregiver for an immediate family member with serious illness IS considered necessitous and compelling if properly documented. Did you make sure to explain to your employer why you were leaving BEFORE you quit? That's a requirement for UC eligibility - you have to give your employer a chance to accommodate your situation first. If you didn't, that might be why they denied you.
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Matthew Sanchez
•Yes! I explained everything to my manager AND HR before leaving. Requested reduced hours or remote work as accommodation and they refused both. I included all of this in my fact-finding questionnaire. They just didn't care to read it apparently.
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Chris King
•Then you should definitely win your appeal. Make sure to emphasize that you requested accommodation first. The initial UC claims examiners are overwhelmed and sometimes miss details. In the appeal hearing, you'll have more time to explain your situation.
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Rachel Clark
I went thru exact same situation last summer... caregiver denial then appeal. You WILL get backpay if you win the appeal! I got all 11 weeks at once. Just make sure you keep filing your weekly claims during the appeal process or you'll lose those weeks!!! This is SUPER IMPORTANT!!!
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Matthew Sanchez
•Thank you for this reminder! I almost stopped filing because I was so frustrated with the denial. Do I need to do anything special when filing weekly claims during an appeal? Or just file normally?
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Rachel Clark
•Just file normally but where it asks if you had any changes just say NO. Don't mention the appeal in weekly claims. The appeal is its own separate thing. But yeah, if you stop filing weekly claims, even if you win appeal later, they won't pay for weeks you didn't file!
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Zachary Hughes
My cousin works for PA human services (not UC but close enough) and she says they're incredibly backed up with claims and appeals right now. She said they had a system update that messed up a bunch of claims with caregiver issues specifically. Yours might have gotten caught in that.
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Royal_GM_Mark
•OF COURSE they had a system update that failed!!! Literally everything PA UC touches turns to garbage. My neighbor had her biweekly payments randomly stop in January and they still haven't fixed it!!! Our tax dollars at work 🙄
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Jeremiah Brown
For your appeal hearing, organize all your evidence chronologically and make 3 copies of everything - one for yourself, one for the referee, and one for your employer (who may or may not show up). Practice explaining your situation clearly and concisely. Focus on these points: 1. Your sister's medical condition requiring care 2. That you notified your employer and requested accommodation 3. That your employer refused accommodation 4. That you had no alternative but to quit 5. That the performance review was unrelated or possibly retaliatory Bring a timeline of events with specific dates. Referees appreciate organization and clear presentation of facts. And yes, they will backpay all weeks if you win the appeal, so keep filing those weekly claims!
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Matthew Sanchez
•This is incredibly helpful. Thank you! I'll start organizing everything today. Do you know if the hearing will be over the phone or in person?
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Jeremiah Brown
•Most UC hearings are still being conducted by phone in PA, though some offices have returned to in-person. Your appeal acknowledgment letter will specify which type you'll have. Phone hearings are actually easier for most people - you can have all your notes and documents spread out in front of you without feeling nervous.
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Ella Thompson
Submit documentation both ahead of time AND have it ready during the hearing. When you receive your hearing notice, it will have instructions for submitting evidence beforehand. Follow those exactly, and make sure to send it by the deadline. But also keep copies to reference during the hearing. As for your withheld final paycheck - that's a separate issue from UC. File a wage complaint with the PA Department of Labor & Industry ASAP. Employers cannot legally withhold your final paycheck for alleged PTO overages without prior written agreement. You can file the complaint online at www.dli.pa.gov.
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Matthew Sanchez
•Thank you so much. I'm going to file that wage complaint tonight. My former employer has been awful through this whole process. Really appreciate everyone's help and advice - feeling slightly less panicked now.
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