I was Disqualified from PUA Benefits

I was Disqualified from PUA Benefits

What do I do if I just got a letter saying I'm disqualified from PUA benefits?

Even though the PUA program ended in 2021, some people are still getting PUA disqualifications for benefits they already received.

If you disagree with the letter, you must file an appeal within 21 days of the determination date listed on the letter. 

Reasons you may have been denied:

To qualify for PUA benefits, you must have been working prior to the pandemic, either in employment, as a self-employed individual, or as an independent contractor or freelancer.  The PUA application asked you to certify this information on your application, but the government is further investigating whether you had been attached to the labor force before COVID-19 affected work in Pennsylvania.  You may have received a questionnaire in your message center that the government wants you to fill out and upload to your portal.  

If you are denied because the government says you did not have an attachment to the labor market and you disagree, you should appeal.  Even if you do not have documentation, you will have the opportunity to testify under oath about your work.

To receive PUA benefits, you must be unemployed due to the COVID-19 pandemic, meaning that you have lost work, had reduced work or hours, or had a firm offer of work withdrawn because of COVID-19.  You will be asked to verify the reason for your unemployment every time you file a weekly certification. 

In some cases, the government will ask you to submit documentation that you lost work because of COVID-19.  You may receive a questionnaire in your message center.

If you are denied because the government says you did not have an attachment to the labor market and you disagree, you should appeal.  Even if you do not have documentation, you will have the opportunity to testify under oath about your work.

“Other program eligibility” means that the government believes you were eligible for regular UC or PEUC during the weeks you filed for PUA. If you were eligible for regular unemployment compensation, the government will have to build a UC claim for you for that time period. 

If that does not happen, contact legal aid or your local state legislator.

You can file an appeal in your PUA portal, by email, by fax, or by mail.

You can file an appeal directly in your PUA portal.

This video shows you how to file an appeal using your portal.

We recommend that when you explain your reason for appealing, you state if you would like to have an in-person hearing or a telephone hearing.

One of the quickest and easiest ways to submit your appeal is by email. 

You can email your appeal to [email protected]

In order for your appeal to be accepted as valid, you must include the following information:

Subject: Appealing PUA Determination

  1. Your full name and mailing address
  2. Your phone number
  3. The name, address and phone number of your employer (if applicable)
  4. The last four digits of your social security number (xxx-xx-1234)
  5. The mailing date of the determination that you are appealing
  6. A brief statement explaining that you are appealing a PUA determination and why you disagree with the determination 

You may also want to include the following information:

  1. Your phone number
  2. The name, address and phone number of your employer (if applicable)
  3. State if you would like an in-person hearing or a telephone hearing.

After you send the email to the address above, you will receive a confirmation email stating: 

This message serves as confirmation that your email has been received by the Department of Labor and Industry, Office of Unemployment Compensation Service Centers.  Please retain this confirmation for your records.

If you do not receive this confirmation you should make sure that the address was entered properly and try again. 

The information necessary for sending your appeal via fax will be located on the back of most Notices of Determination issued by unemployment. Specifically, you will want to find which Unemployment Compensation Service Center issued your Notice of Determination to determine the appropriate fax number to use for your appeal. 

We recommend that when you explain your reason for appealing the PUA determination, you state if you would like to have an in-person hearing or a telephone hearing.

When filing an appeal by fax, in addition to the fax number and service center name, we advise that you include the following on the fax cover sheet:

  1. Your name;
  2. The date of the determination you are appealing; and
  3. The date you are submitting your appeal.

When filing your appeal by fax, you should be aware that you will be held responsible for any error or delay in the process of transmitting the appeal, even if the delay is caused by technological failure.  As a result, it is very important that you ensure that the fax is sent to the correct number and that you receive the fax verification/confirmation page that is printed after the fax has been successfully transmitted. 

Keep the verification page and a copy of your appeal for your records in case of any potential issue regarding the timeliness of your appeal.

The information necessary for sending your appeal by mail will be located on the back of most Notices of Determination issued by unemployment. Specifically, you will want to find which Unemployment Compensation Service Center mailed your Notice of Determination to determine the appropriate address to use when mailing your appeal.

We recommend that when you explain your reason for appealing, you state if you would like to have an in-person hearing or a telephone hearing.

When filing your appeal by mail, the filing date is will be based on US Postal Service postmark date, the date of a Postal Service certificate of mailing, or the date of a Postal Service certified mail receipt. 

  • In the absence of these dates, the filling date is the date of a postage meter mark. 
  • In the absence of all of the above dates, the filing date is the date the department receives the appeal.

As a result, if you choose to file your appeal by mail, we strongly recommend that you send the appeal using certified mail and retain the receipt to ensure that you can establish when the appeal was filed in case of any potential issue regarding the timeliness of your appeal.

What happens after I appeal?

  • You will be scheduled for a Referee Hearing.

    A Referee Hearing works like a mini-trial. You will have the chance to testify and present evidence that proves why you should be eligible.

You will get a Notice of Hearing that tells you what date and time the hearing is happening. All PUA hearings are automatically scheduled to be phone hearings.

  • Make sure that the phone number on the Notice of Hearing is correct. This is the number the Referee will call at the time of your hearing. If it is not correct, you need to contact the Referee's office.
  • If you would like to have an in-person hearing instead of a phone hearing, you can email a request to the Referee Office and state you want an in person hearing in your county.
  • Gather your evidence.

    You should use things like tax documents, letters from your employer or clients, paystubs, doctor's notes, and anything else that shows you are eligible for benefits.

  • Submit your evidence.

    How and when you submit your evidence depends on if you have a telephone hearing or in-person hearing.

  • Telephone Hearing
  • The Referee Office should mail you a copy of all the documents for the hearing.
  • You have to email or mail your evidence to the Referee’s office at least 5 calendar days prior to the hearing.
  • In-Person Hearing
  • You will get a copy of all the documents for the hearing when you go to the Referee office on the day of your hearing.
  • You can bring your evidence to the hearing. You do not need to send it to the Referee before your hearing.

Follow these instructions:

1. Go to your online UC account dashboard and on the top left corner, click on the Menu icon.

2. A tab will pop up on the left of your screen. On the tab, look for Services for Individuals” title and click on “Unemployment Services.” 

3. Then, scroll down and click “Appeals.” 

4. On the appeals page, you will find a drop-down menu. Click on the drop-down menu and select the correct appeal that you are looking for.  

5. Once you have selected your appeal, scroll down to “View Appeal File” and download it. The appeal file should have all the documents that were used in the hearing except for the notice of hearing. You can find the Notice of Hearing Document in your message center.  

  • Telephone Hearing
  • Make sure your phone can take calls from blocked or unknown numbers. 
  • The Referee will call you at the time that your hearing is scheduled for. 
  • In-Person Hearing
  • You should get to the Referee’s office at least 30 minutes before the time listed on the Notice of Hearing. 

You have the right to legal representation in a PUA hearing.

We strongly recommend that you that you find legal representation for your hearing. 

You may qualify for free legal assistance.

I want to find a legal representative, but my hearing is coming up. What should I do?

You can email or fax a request for a continuance to the Referee office (fax number and email address should be on the Notice of Hearing you received). When you request a continuance, it means you want the hearing to be rescheduled to a later date.  

You can ask for a continuance at any time, even during your hearing. But, the Referee’s office strongly prefers that you ask for a continuance more than 48 hours in advance.