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Division of Employment Security
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Appeals

How to Appeal if Your Benefits are Denied

If you do not understand any determination or notice you receive about your claim, ask your claims representative for an explanation. If you disagree with the determination, you or your duly authorized agent may file an appeal. You may appeal if you believe that the law was incorrectly applied or that all the facts were not considered when the determination was made.

Your appeal rights and time limits are explained on each determination. If you do not file within the time limit, you may lose your right to appeal. The time limits for filing can only be extended for "good cause." Generally, only circumstances beyond your reasonable control will be considered good cause for late filing. You can file the appeal by mail or fax to the address listed on the determination.

You will receive a notice telling you when your appeal hearing will be held. It is important that you participate in the hearing since the decision on your claim will be based primarily on information given at the hearing. Failure to take part in the hearing may result in a decision against you.

At the hearing you will be given an opportunity to present your case. Facts in support of your claim should be presented at this time. If witnesses are needed to help present your case, you must arrange for them to participate.

If you are dissatisfied with the decision of the referee, you may appeal the decision to the Missouri Labor and Industrial Relations Commission and then to the courts for a final ruling.

If you have appealed, you must protect your right to benefits while waiting for the appeals hearing and decision. You must continue to file your claim as usual for each week you are unemployed. Even though an appeals decision may find you entitled to benefits, you will not be paid for any week for which you have not filed a timely claim.

In some cases, when you are found entitled to benefits, your employer may disagree and file an appeal. An employer's appeal does not cause your benefits to stop. If the employer wins the appeal, however, these benefits may be overpaid. Because you must repay any overpaid benefits, it is important that you participate in the hearing on the employer's appeal to present your side of the case.

Note: An Appeal cannot be filed by e-mail.

Appeals Tribunal Information