Unemployment insurance benefits aren’t themselves “remanded.” Rather, decisions regarding unemployment insurance claims may be remanded, which simply means that a claim or case is sent back to the original decision-making body for further review. An unemployment benefits remand typically occurs during the appeals process. A claim is filed, a decision is made, and one of the parties involved — usually the losing party, either the employee or employer — decides to appeal the decision. At that point, the state’s unemployment commission has several options, including affirming the case, reversing the case or remanding the case for further review.
The federal-state unemployment insurance program is a state program administered under federal guidelines. Each state establishes its own criteria for eligibility, benefit amounts and payment durations. The federal government requires only that recipients be unemployed through no fault of their own, although even that caveat is left to the states to interpret. Most states fund an unemployment-benefits pool through taxes on employers, and each state has its own eligibility requirements for filing a claim.
Unemployment Insurance Claims
Each state has its own procedures for filing unemployment insurance claims. Most states not only provide online filing services, but many actually require that you file online. Regardless of the mode of filing, most states require certain information, such as your Social Security number, driver’s license or state ID number, and other documentation.
If your claim is denied — or, if you’re an employer and an employee’s claim is awarded — and you want to appeal the decision, each state has an appeals process for you to follow. Both parties to the claim are usually required, or at least invited, to attend appeals hearings. An attorney usually can be present if you so desire. Telephone hearings also are conducted, often more so than face-to-face hearings, as in Arkansas. After your case is presented, the state board, commission or other decision-making body will determine the outcome, generally within 60 days. Typical verdicts include affirming the original decision, reversing or modifying the decision, or remanding the case for further review. If remanded, the case is returned to the state unemployment board or commission for further review or the introduction or additional evidence.
Reasons for Remand
Claims are remanded for several reasons. Some states, such as New Mexico, will remand a case if you didn’t attend the original appeal hearing and can show good cause for missing the hearing. The remand in this case is simply a rescheduling of the original hearing. Another reason for a remand is that the reviewing body feels that there wasn’t enough evidence presented at the original appeal hearing to render a decision. In addition, a claimant — or the employer — may have additional documentation or witnesses that weren’t introduced or allowed to be introduced at the appeal hearing. In such a case, the evidence from the original hearing remains in force and additional evidence may be presented. Other procedural errors at the original hearing also can result in a remand. The outcomes of remand hearings may be appealed anew.
Some unemployment insurance claims reach the civil-court level, usually district court. This normally occurs after all state unemployment commission hearings and appeals have been exhausted.
- U.S. Department of Labor: State Unemployment Insurance Benefits
- Career One Stop: America's Service Locator
- Arkansas Department of Workforce Services: Appealing a UI Determination
- New Mexico Department of Workforce Solutions: Frequently Asked Questions
- FindLaw: District Court of Appeal of Florida, Third District
- Ryan McVay/Photodisc/Getty Images