Won my PA UC 2nd level appeal after losing 1st one - is this common?
So I went through a rollercoaster with PA unemployment recently. My employer fired me claiming I was consistently late (I was NOT - my supervisor just had it out for me). When I filed for UC, I got denied with some vague 'willful misconduct' explanation. I appealed to the Referee and lost that first appeal even though I brought evidence showing my time cards. I was devastated but decided to take it to the UC Board of Review anyway as a last shot. To my complete shock, I actually WON the Board of Review appeal! The Board said the referee didn't properly consider my evidence. Has anyone else lost their first appeal but won at the Board level? Is this common? I'm still waiting on my backpay (about $8,700) and wondering how long that typically takes after winning a 2nd level appeal. Any advice would be super helpful!
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Keisha Jackson
Congrats!! I lost at ref level too but never apealed to board. Kinda wish I had now!!! How long did the whole process take from when u filed til the board decided??
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StarGazer101
•Thanks! The whole thing was about 5 months from my initial denial to the Board decision. The Referee hearing took about 8 weeks to schedule after my appeal, then another 3 weeks for the decision (which I lost). Then it was another 10 weeks waiting for the Board of Review to make their decision. It was seriously stressful the whole time, but worth it in the end!
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Paolo Romano
Yes, this happens more often than you might think. The Board of Review tends to take a more thorough look at the evidence and sometimes overturns Referee decisions. The key differences are: 1. Referees make decisions based on in-person testimony and have to make quick judgment calls 2. The Board reviews the entire record, including all documentation and hearing transcripts 3. The Board often applies the law more strictly than some Referees Regarding your backpay, it typically takes 3-4 weeks after a Board decision for payments to begin processing. Make sure you've filed all your weekly claims during this time, even while waiting for the appeal decision. If you missed any weeks, you may need to request a backdating allowance.
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Amina Diop
•is this true?? i thought the board almost never overturns ref decisions. my attorney told me not to bother with a board appeal after i lost at referee level
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Oliver Schmidt
I went through THE EXACT SAME THING last year!!! Lost my first referee hearing even though my boss was lying through her teeth about why I was let go. Referee totally believed her even though I had email proof!!! I appealed to the Board and WON after 3 months of waiting. The system is SO BROKEN. The lower level people just want to deny everyone to save the state money IMO. For your backpay - I got mine about 4 weeks after the Board decision. Just keep filing your weekly claims and be patient. The Money Network card will suddenly have a big deposit one day!
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StarGazer101
•That's so similar to what happened to me! Did you have to do anything special to get your backpay processed? I'm worried they'll forget about me or I'll need to call them to remind them.
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Oliver Schmidt
•Honestly they WILL forget about you if you don't stay on top of it. I had to call UC every other day for 2 weeks straight after my decision. NOBODY EVER answered untill I found this service called Claimyr (claimyr.com) that got me through to an actual person at PA UC. They have a video that shows how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Once I got through, the rep could see my Board decision but it was just sitting there not being processed. They had to manually forward it to the payment department. Got my money 5 days after that call.
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Natasha Volkov
im confused about appeals. isnt the board appeal just a waste of time? my neighbor said its all the same people making decisions anyway
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Paolo Romano
•They're entirely different entities. The Referee is a single person who conducts a hearing and makes a decision. The Board of Review is a panel of three appointees who review the entire case record and determine if the Referee applied the law correctly. They don't conduct new hearings but review everything from the first appeal. The Board members are appointed by the governor and confirmed by the state senate - they're not the same people who make the initial UC determinations or Referee decisions.
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Natasha Volkov
•oh ok thx for explaining it makes more sense now
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Javier Torres
I won my Board appeal after losing at the Referee level too. My advice is to be extremely patient with the backpay process. The PA UC system is frustratingly slow with processing payments after appeals. What worked for me was making sure I continued filing my weekly claims throughout the entire appeal process. Once I won my Board appeal, I printed out a copy of the decision and faxed it to the UC office with a cover letter that had my claim number and contact info, asking them to process my backpay. I also managed to reach someone on the phone who confirmed they received everything and put a note on my account. If you're having trouble getting through on the phone, which is extremely common, I'd recommend trying early morning calls (right when they open at 8am) or using a service like Claimyr to get through the phone queues. Good luck!
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StarGazer101
•That's a good idea about faxing them a copy! I didn't think of that. I'll definitely try it. And I've been filing every week even though I wasn't getting paid, so hopefully that part will be okay. Thanks for the suggestion!
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Emma Wilson
wait do you still have to do the work search activities while your case is being appealed? i stopped doing those when i got denied...
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Javier Torres
•Yes, you absolutely need to continue doing your work search activities and filing your weekly claims during the entire appeal process. If you don't, you could lose eligibility for those weeks even if you win your appeal. Each week you don't file is potentially lost money you can't get back, even with a successful appeal outcome.
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Emma Wilson
•oh no... i haven't been filing for like 2 months while waiting for my appeal 😳
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Paolo Romano
•You might be able to request backdating for those missed weeks if you win your appeal. Contact a UC representative and explain your situation - bring documentation showing why you believed you didn't need to file (any instructions you misunderstood, etc.). They sometimes make exceptions for claimants who didn't understand the requirements, especially during the appeal process.
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Keisha Jackson
do u have to pay taxes on the backpay?? that's a lot of money all at once
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StarGazer101
•Yeah unfortunately it's all taxable. I had them withhold 10% for federal taxes but nothing for state. I'm putting some aside so I don't get hit with a big tax bill next year.
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Natasha Volkov
my cousin's roomate works at the unemployment office and he says they deny everybody the first time just to see if people will fight it or not!!! the whole system is rigged
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Oliver Schmidt
•I 100% BELIEVE THIS!!! They count on people giving up and not appealing. That's why they make the process so complicated and take forever. Just look at how many forms you have to fill out for a simple appeal. Then they schedule hearings during working hours when most people can't attend. It's all designed to discourage people from getting benefits they deserve!!
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Paolo Romano
•That's not accurate. Initial UC determinations are made based on information provided by both the claimant and employer. There's no policy to automatically deny claims. What does happen is that when information is missing or if the employer contests the claim, UC may issue a denial that can later be overturned with additional evidence. The appeal system exists specifically to provide due process and review of these decisions. While the system isn't perfect, there's no conspiracy to automatically deny valid claims.
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Amina Diop
just want to say congrats on winning! thats a huge relief I bet. my friend had something similar happen and she said the money showed up exactly 25 days after the board decision. hang in there!
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StarGazer101
•Thanks! That's really good to know about the timing. I'm on day 18 since the decision so hopefully it'll show up soon!
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Andre Dubois
This gives me so much hope! I'm currently waiting for my Board of Review decision after losing at the referee level too. My employer claimed I was insubordinate but I have emails showing they were asking me to do things that violated safety protocols. The referee seemed to just believe whatever my former boss said without really looking at my evidence. How did you present your case to the Board? Did you submit additional documentation beyond what you had at the referee hearing? I'm wondering if I should be doing anything else while I wait for their decision. It's been 8 weeks since I filed my Board appeal and the waiting is killing me!
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