Different sections of the N.C. Division of Employment Security (DES) make determinations about unemployment benefits. If you do not agree with a determination, you may be able to file an appeal.
Look for the Appeal Rights section on your determination letter for more information. When filing an appeal, you must follow the instructions included in the determination letter. The determination letter will also tell you the deadline for filing an appeal.
The best and fastest way to file an appeal is online. After you file an appeal, DES will schedule a hearing.
What cannot be appealed?
Not every decision can be appealed. You cannot appeal “pending” issues or claims that have been declared monetarily ineligible. If you try to appeal something that cannot be appealed, it may delay your claim. The Appeal Rights section in your determination letter will explain how to file an appeal, including the deadline and specific instructions.
The following cannot be appealed:
- Pending issues
- Incomplete or pending claims
- Monetary determination, including “monetarily ineligible” claim status
- Wage protests
- Weekly benefit amounts (how much money you can get each week)
- Excessive earnings/wages preventing benefit payment
- Weekly certifications
- Claim effective dates, requests to back-date a claim
- Waiting week waivers
If you have questions about the issues listed above, please contact either:
- UI Support Center at 888-737-0259
- UI Employer Support Center at 866-278-3822
How to File an Appeal Online
The best and fastest way to file an initial appeal is online.
- Claimants: File through your MyNCUIBenefits account.
- Employers: File through your NCSUITS account.
See below for videos and written instructions on how to file an appeal online. You can also file by fax, email or postal mail.
Steps for Claimants
How to File a Claimant Appeal
Presentar una apelación del reclamante
- Sign in to your MyNCUIBenefits account.
- Go to Claims from the main menu at the top of your screen.
- Under Current Claim, find Non-Monetary Determination on the right side and click View.
- Select the Eligibility Determination that you wish to appeal and click Request Appeal.
- Type the reason for your appeal under Provide Reason(s) for Your Appeal.
- If you have documents to support your appeal, go to Upload Content and click Browse to add documents.
- Check the verification box and click Submit.
Steps for Employers
How to File an Employer Appeal
Presentar una apelación del empleador
- Sign in to your NCSUITS account.
- On the NCSUITS homepage, go to the Your Options menu on the left sidebar and select Claims Side Services.
- Select Appeal from the main menu at the top.
- On the Employer Appeal screen, the Benefit Appeals section will list any available claimant names and decisions.
- Select the button next to the claimant you wish to appeal and click the Request Appeal button.
- Fill in the information under File Appeal.
- Under Provide Reason(s) for Your Appeal, type a reason for why you want to file an appeal.
- If you have documents to support your appeal, go to Uploaded Documents and click Browse to add documents.
- Click Submit.
The requested appeal will show up under the Pending Benefit Appeals section for scheduling a hearing.
What must my appeal contain?
First, your appeal must be in writing. An electronic or online written statement is acceptable. No particular form is required for initial appeals.
An initial, first-level appeal should state in writing:
- That you appeal or disagree with the determination or ruling.
- The Issue ID number or Docket number that you are appealing. This can be found on your determination letter.
- Your full legal name (and job title if appealing as an employer).
- Your contact information, including:
- Phone number(s)
- Email address(es)
- A detailed statement of why you are appealing for the appeals referee to review.
- Any evidence you want to be considered as part of your appeals hearing.
Other Ways to File an Appeal
If you cannot or do not want to file your appeal online, you can send your appeal by:
- Fax: 919-341-5691.
- Email: des.public.appeals@commerce.nc.gov.
- Note: You should not submit claims or general questions to the Appeals email box, as those messages are only reviewed to determine if they are valid appeals.
- Mail:
DES Appeals
PO Box 25903
Raleigh, NC 27611-5903
Note that appeals sent by email, fax or postal mail will take longer to process. Please allow several weeks or longer for your appeal to be reviewed and a hearing to be scheduled.
Important: Verbal/oral appeals are not valid and will not be accepted.
Need Help?
If you have questions about the appeals process, you can contact the UI Support Center or UI Employer Support Center. The Appeals Section and appeals referees are not able to provide you with legal advice on whether you should file an appeal.
Next Steps: Appeal Hearing
Hearings before the Appeals Section are conducted by appeals referees who oversee hearings and make decisions that contain findings of fact and conclusions of law. Most appeals to initial agency determinations are heard by the Appeals Section.
After you file an appeal, you will get a notice of hearing that contains:
- The date and time of your appeals hearing.
- Contact information for your assigned appeals referee.
- The issues to be decided.
When will my appeal be scheduled?
After you file your appeal, the Appeals Section will schedule a hearing and send you a notice. By law, hearings for appeals are scheduled in the order they are received. Depending on the current number of appeals, it may be several weeks from the time you file your appeal to the date of your hearing.
How should I prepare for my hearing?
Learn how to prepare for an appeals hearing and make sure you have all necessary documents and evidence ready.
What if I have questions about an appeal filed?
If your appeal hearing has been scheduled, please contact the appeals referee assigned to your case. You can find your appeals referee’s information on the Notice of Hearing or Order for Continuance. You can also view your appeals notices in the My Documents section when you log in to your MyNCUIBenefits account.
Second/Higher Authority Appeals
If you disagree with the decision made during your initial appeal, you can file a second appeal with the Board of Review.