Petition for Judicial Review in Benefits Case

Judicial review is the power of the courts to review either findings of fact, conclusions of law, or both from a final agency decision. During judicial review hearings, a superior court or appellate court judge reviews the evidence that the agency relied upon to reach its decision. The judge will determine if the decision complies with the law.

If your case involves a claim for benefits, you can file a petition for judicial review after you receive a Higher Authority Decision from the Board of Review. The Board of Review will include information about judicial review with the Higher Authority Decision. You can visit DES's FAQs on Judicial Review in Benefits Matters, and find information in N.C. Gen. Stat. §§ 96-15(h) and (i).

You have 30 days from the date that the Higher Authority Decision was issued to file a petition for judicial review. The decision will become final unless you file your petition within the required timeframe. You may waive your right to judicial review if you file your petition late. 

You must file your petition for judicial review with the Clerk of Superior Court in the county where you live, or where you have your principal place of business. If you do not live or have your principal place of business in North Carolina, you can file your petition in the Superior Court of Wake County, North Carolina, or with the Clerk of Superior Court in the county where the issue that led to the final agency decision arose.