Ky.gov

Benefits Appeals

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​Yes.  Practically every action of the office affecting an employer or a worker may be appealed. Appealed actions are reviewed by an impartial referee or hearing officer.​

Appeals from benefit determinations may be made by either the employer or the claimant and are heard by an Appeals Branch referee. Be sure to include the social security number of the claimant when sending documentation. If either party is dissatisfied with the decision of the referee, a further appeal may be filed with the Unemployment Insurance Commission, and thereafter through the courts.​

​The following decisions may be appealed. Please pay attention to the deadlines for each type of appeal.  Filing your appeal on time is essential for protecting your appeal rights.  

  • Notice of Determination (UI-492) (Appeal to Referee): File within 30 days of the mailing date of the determination notice. 

  • Referee’s Decision (Appeal to UI Commission): File within 30 days of the mailing date of the decision notice. 

  • Commission Order (Appeal to Circuit Court): File in the county where the claimant was employed within twenty (20) days of the mailing date of the Order. If no further appeal is filed, the decision of the UI Commission becomes final thirty-five (35) days after the date it is made.

Per KRS 341.450:  Except as provided in KRS 341.460, within twenty (20) days after the date of the decision of the Commission, any party aggrieved thereby may, after exhausting his remedies before the Commission, secure judicial review thereof by filing a complaint against the Commission in the Circuit Court of the county in which the claimant was last employed by a subject employer whose reserve account is affected by such claims.  Any other party to the proceeding before the Commission shall be made a defendant in such action.  The complaint shall state fully the grounds upon which review is sought, assign all errors relied on, and shall be verified by the plaintiff or his attorney.  The plaintiff shall furnish copies thereof for each defendant to the Commission, which shall deliver one (1) copy to each defendant. ​

​The party filing the appeal must do so within the time period(s) specified above. The period begins on the mailing date of the decision being appealed. Appeals must be made in writing. A letter to the Appeals Branch or to the UI Commission stating the intent to appeal is sufficient. Be sure to include the claimant’s name, contact number, and the last four digits of the claimant’s Social Security Number in the letter. Appeals may be addressed as below:

Appeals Branch

500 Mero Street

Frankfort, KY 40601

UIappeals@ky.gov​

Phone: 502-564-2900 Fax: 502-564-7850

UI Commission

500 Mero Street

Frankfort, KY 40601

UIcommission@ky.gov​

Phone: 502-564-2900

Fax: 502-564-3562


An acknowledgement letter will be mailed to the party filing the appeal. A sample acknowledgment letter is copied below:

Click to view Appeal Acknowledgment Letter​

The appealing party may withdraw an appeal by informing the Appeals Branch or UI Commission in writing. Continue to request your benefits while your appeal is pending. Please keep your address and contact information updated throughout the process. ​

​After an appeal is filed, an appeal hearing will be held. The parties to the appeal will be notified by mail. The hearing is conducted by a referee, who will hear testimony, review evidence, and issue a decision regarding the appeal.

The referee will decide the appeal only on the documents submitted prior to the hearing and the testimony during the hearing. A recording of the proceeding will be kept by the Appeals Branch (or UI Commission) for future proceedings.  Claimants should be fully prepared to present their case at the hearing.

The hearing is informal, but it is best to present all evidence at the hearing in an orderly manner.​

Arriving on time is important, as the referee has other cases to hear, and a delay may cause the case to be rescheduled or dismissed. Continuances are rarely granted.​

​The employer and the claimant should attend the hearing. Most hearings are scheduled through teleconference. Any witness who testifies on behalf of the claimant or employer should have personal knowledge of the events in question.

If a hearing is scheduled by teleconference, and there are documents or written materials the referee should consider in this hearing, send them immediately to the Appeals Branch at the address on the Notice of Hearing. Copies of these documents must also be sent to the other party. The documents will not be accepted for the hearing unless the other party also receives copies. Keep a copy of these documents for your own use at the hearing, and be sure to include the Social Security Number of the claimant when sending documentation.​

The claimant and the employer may be represented by attorneys or other individuals of their own choosing, but this is not required. The referee will assist both parties to bring out facts that will be helpful in properly presenting their cases.​

​You should bring all reports and records that might prove your case, such as records of absences, doctor's statements, information concerning pay rate, previous warnings, etc. Witnesses should be prepared to answer all questions. Subpoenas for witnesses or records may be issued prior to the hearings, if necessary.

Subpoenas:  To request to subpoena documents or witnesses, submit a sworn statement to the OUI Appeals Branch indicating what documents or witnesses you are requesting be subpoenaed. Provide contact information for witnesses, including phone number, address, and an address where subpoenas for documents can be sent, if different. You must also provide a statement as to why the witnesses or documents are relevant to your case.

Continuance Process:  If you are unavailable on the date of your scheduled hearing, you may request that the hearing be continued to a later date. Provide a written request to the OUI Appeals Branch either through email, fax, or the United States Postal Service. The request should explain why you are unavailable for the hearing and include your contact information. The Office will contact you to discuss your request once it’s received.

Stipulation process:  To request an appeal by stipulation, submit a request to the OUI Appeals Branch. Once your request has been received, a questionnaire will be mailed to you to complete and return to the Office. The questionnaire will be specific to the issue listed in the disqualifying determination. OUI will review the returned questionnaire, and once the review is complete, a referee decision will be written and will be mailed out to the claimant.​

​Each party has the right:

  • To testify on his/her own behalf;

  • To be represented by an individual of his/her own choosing;

  • To present documents and records regarding the case;

  • To have his/her own witnesses testify;

  • To question opposing parties and witnesses; and

  • To explain or rebut evidence against him/her.​

​The referee has the sole authority for conducting the hearing and will swear in all parties and witnesses before they begin to give testimony.​

In conducting the hearing, the appeals referee will:

  • Explain the issues and the meaning of terms the parties do not understand;

  • Explain the order in which persons will testify (As a general rule, in voluntary quit cases, the claimant testifies first. When the case concerns the discharge of a claimant or a labor dispute, the employer generally testifies first.);

  • Assist parties in asking questions of other witnesses;

  • Question parties and witnesses to obtain necessary facts;

  • Determine on his/her own motion or the request of a party whether testimony and documents being offered should be received and considered; and

  • Require parties to give a proper background or foundation for secondary evidence, documents, and opinion testimony.

Following the close of the hearing, the referee is not allowed to discuss any matter with either party. The decision is based solely on the information presented at the hearing.

The Decision

The decision will be mailed to the parties promptly. The decision will set forth the facts found from the evidence presented, the reasons for the decision, and the decision itself. 

  • If you appeal a benefit determination, you will receive a referee decision.

  • If you appeal a referee decision on a benefit issue to the UI Commission, the Commission will decide the case based upon the record of the hearing before the Appeals Referee.

  • If you appeal a tax-related determination, or if you appeal a referee decision to the UI Commission, you will receive a Commission Order.

More Information

As a claimant or an employer, you need to understand your rights and responsibilities. The Kentucky Unemployment Insurance laws and regulations are found in Chapter 341 of the Kentucky Revised Statutes and Title 787 of the Kentucky Administrative Regulations. They can be viewed at the Kentucky Legisl​ature website.