PA UC hearing decision wording - does this mean my benefits are approved?
Just had my PA UC appeal hearing yesterday and got this document with some confusing legal language. It says: "the competent evidence before the Referee indicates the claimant was discharged. However, the employer did not appear to offer testimony or evidence, and there is no competent evidence in the record to support a finding of willful misconduct. As such, the claimant is not ineligible for benefits under Section 402(e) of the Law." Does this actually mean I'm approved for benefits? The double negative "not ineligible" is throwing me off and I'm afraid to get excited in case I'm reading it wrong. My employer fired me back in January claiming I violated attendance policy, but they never gave me any written warnings before termination. I'm desperately waiting for these benefits and don't want to count on money that might not come.
16 comments
Isabella Ferreira
YES! This is excellent news for you! The wording is definitely confusing with the legal jargon, but this means your benefits have been approved. The referee found that your employer failed to prove "willful misconduct" (which is what they need to show to deny your benefits). When they say "not ineligible" it's a double negative that means you ARE eligible. Since your employer didn't even show up to the hearing, they couldn't present evidence against you. The money should start flowing within the next payment cycle, but I would keep checking your dashboard to make sure it's processed correctly.
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Malik Thompson
•OMG thank you!!! I've been so stressed about this. Do you know how soon I might see payments start? I filed back in January but everything's been on hold waiting for this hearing.
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CosmicVoyager
pretty sure that means u won ur case but PA UC always uses weird language like that. i got something similar last yr
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Ravi Kapoor
This is definitely a positive result! When they say "not ineligible" it's legal language that actually means you ARE eligible. The key part is that they found no evidence of willful misconduct, which is what would disqualify you from benefits. A few important things to know: 1. Your employer has 15 days to appeal this decision 2. You should see payments within 2-3 business days for all back weeks 3. You need to have been filing your weekly claims this whole time If you haven't been filing weekly claims during this appeal process, contact UC immediately to see if you can backdate them.
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Malik Thompson
•Thank you!! Yes I've been filing every week since January even though nothing was getting paid. I was afraid I'd miss out if I won the appeal. Now I'm just hoping my employer doesn't appeal this decision...
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Freya Nielsen
the double negatives in these decisions always confused me too lol. but yeah "not ineligible" = eligible. congrats! your employer not showing up really worked in your favor
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Omar Mahmoud
I had to call PA UC about 50 times before I could get through to ask about the exact same confusing language after my hearing. The woman told me that it can take up to 3 weeks for payments to start flowing after a decision like this. If you're still not seeing any activity by then, you might want to try Claimyr (claimyr.com) - they got me through to an actual agent in under an hour when I'd been trying for days. They have a video demo too: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. It's what finally got my back payments processed after my successful appeal.
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Malik Thompson
•3 WEEKS??? I was hoping it would be days 😠I'll definitely check out that service if I don't see anything in my account by next week. Thanks for the tip!
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Chloe Harris
BE CAREFUL!!!! My decision said something similar but then my employer appealed it and I had to go through the whole process again at the Board level. Don't spend that money until you're SURE the appeal window has closed! The UC system is designed to trick us!!!
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Malik Thompson
•Oh no! How long does the employer have to appeal? I'm really hoping they don't since they didn't even show up to the first hearing.
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Isabella Ferreira
•The appeal window is 15 days from the date of the decision (not when you received it). After that, you're in the clear. And while it's always possible for an employer to appeal, the fact they didn't attend the hearing is a good sign they probably won't pursue it further.
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Diego Vargas
i got tricked by that same exact wording last year when i got fired for "performance issues" that they couldn't prove! turned out they never documented anything and the ref ruled in my favor too. took me about a week to get paid all my backpay from the weeks that were on hold. felt soooo good to see all that money hit my account at once! congrats!!!
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Malik Thompson
•That's amazing to hear! Similar situation to mine - they claimed attendance issues but never showed me how their policy worked or gave me formal warnings. Hoping I get paid that quickly too!
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Isabella Ferreira
Just to add some clarity on next steps: you should continue filing your weekly claims as normal. Once the decision is fully processed, your status should change from "appeal pending" or similar to "benefits payable." Sometimes there can be a delay depending on what day of the week your biweekly payment normally falls. For example, if your regular payment date would be this Thursday, but the decision wasn't processed until Friday, you might not see payment until the following Thursday. But the good news is you SHOULD receive all back payments for weeks properly claimed during the appeal process!
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Malik Thompson
•Thank you! Just checked my dashboard and it still says "appeal pending" but the decision letter is dated yesterday. I'll keep filing weekly and watching for status changes. Such a relief!
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Ravi Kapoor
One more thing to watch out for - make sure you check your payment method is set correctly. A lot of people win appeals but then find out their Money Network card expired or their direct deposit info changed. You don't want any more delays after waiting this long!
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