Reemployment Assistance Appeals Commission FAQ

Reemployment Assistance Appeals Commission

• I just received a referee’s decision and lost my case. What can I do?

  If you disagree with the decision, you can appeal to the Reemployment Assistance Appeals Commission.  The instructions for filing an appeal are included on the decision. If the decision is not appealed within the time indicated in the instructions, it will become final.

• I want to appeal the referee’s decision, but the 20 calendar-day appeal period has expired. Am I still able to appeal the decision?

  You may still appeal the decision, but there will be an issue as to whether the Commission has the legal authority to review the case.  You should explain in your appeal letter why your appeal is late.  The Commission may require you to provide additional information about the lateness of your appeal after it receives your case.  If the Commission is unable to excuse the late appeal, it will dismiss your case and the referee’s decision will remain final.

• Do I need to have an attorney or other representative?

  A party has the right to be represented by an attorney or a representative; however, it is not required that a party have an attorney or representative during the Commission’s review.  If you want an attorney or representative, it is your obligation to secure the representation.  Additionally, you will be responsible for paying your attorney or representative.  A claimant’s attorney or representative, however, must obtain the Commission’s approval of any fees he or she intends to charge.

• Do I need to send the Commission any additional information?

  If a timely appeal has been filed, the Commission will automatically review the hearing record to decide whether the referee’s decision is supported and legally correct.  Parties do not need to send the Commission anything that was already presented to the referee because that information is examined when the Commission reviews the case.  If your appeal is not timely, you may be asked to provide additional information explaining the reason your appeal was filed late.

• Will the Commission be considering evidence that was not presented to the referee during the prior hearing?

  The Commission will review any information sent to it in connection with an appeal; however, the Commission cannot consider new information as evidence when reviewing the decision except in very limited circumstances.  (See Florida Administrative Code Rule 73B-22.005).

• I have received a Notice of Docketing, what does this mean?

  The Notice of Docketing is the Commission’s acknowledgement that it has received an appeal of a referee’s decision and will be reviewing the case.  The Notice of Docketing includes important information about the Commission’s review process.

• What is a “brief” and do I need to file one with the Commission?

  A brief is a formal written argument by a party explaining why the party believes the referee’s decision was correct or incorrect.  A brief normally contains citations to court or Commission decisions and the Florida Statutes in support of the argument being presented.  While the parties have the right to file a brief with the Commission, a brief is not required for the Commission to review the case.  If the appeal has been timely filed, the Commission will review the hearing proceedings to determine whether the referee’s decision is supported and legally correct.

• Do I need to respond to what the other party said in his or her letter to the Commission?

  You may respond to the letter; however, a response is not required.  Any such response must be made in writing and sent to the opposing party.  It is not necessary to repeat matters that were discussed at the hearing because that information is already on record and will be reviewed if the appeal was timely filed.

• Will the Commission be holding a hearing?

  The Commission does not hold an evidentiary hearing when reviewing a case. If a timely appeal was filed, the Commission will review the record from the hearing(s) before the referee, along with any filings by the parties, to determine whether the referee’s decision is supported and correct.

• May I speak with any of the members of the Commission about my case?

  Neither the parties nor their representative are permitted to speak with the Commissioners about a pending case.

• How long will my appeal take?

  Typically it takes the Commission anywhere between 45 and 150 days after the filing of an appeal to complete its review and issue its order.  The majority of cases are resolved in less than 90 days.  Some cases may take less time and some may take longer, depending on the case.  As a general proposition, if you have not received an order from the Commission within 150 days after you filed your appeal, you should call the Commission to check on the status of your case.

• Do I need to continue claiming benefits while my appeal is pending?

  Claimants should continue claiming benefits while all appeals are pending.  If the employer filed the appeal, this should not interrupt benefit payments being released to a claimant.  If the claimant filed the appeal of a decision denying benefits, benefit payments will only be released if you win the case, are otherwise entitled to benefits, and have been properly reporting your weeks during the pending appeal.  If you are experiencing a problem claiming benefits, call the DEO Call Center at 800-204-2418.

• Do I have to repay my benefit overpayment while my appeal is pending?

  The Commission is not involved in the recovery of benefit overpayments.  Any questions in that regard should be directed to the Benefit Payment Control unit of the Department of Economic Opportunity. They can be reached at 1-800-204-2418.

• I am the claimant and I just received a Commission order reversing the referee’s decision and ruling in my favor. When do I get my benefits?

  The Commission is not responsible for the disbursement of benefit payments.  When the Commission issued its order, the result was entered into the CONNECT system.  Once the order is entered, the Department of Economic Opportunity will automatically pay you benefits for all the weeks you claimed for which you are otherwise entitled and have not yet been paid.  If you have not received payment within 20 days after the date of the Commission’s order, you should contact the DEO Call Center at 800-204-2418 to inquire as to the status of your payments.

• I have just received an order from the Commission vacating the referee’s decision and remanding the case for further proceedings. Who should I contact about my case?

  If the Commission has vacated (set aside) the referee’s decision and remanded (sent back) the case for additional proceedings, any inquiries should be directed to the referee’s office.  If an additional hearing is scheduled, the referee will send a Notice of Hearing to the parties.  If an additional hearing is not necessary, the referee will issue a new decision and distribute it to the parties.

• I have just received an unfavorable order from the Commission, what can I do?

  A party who receives an unfavorable final order from the Commission - one that affirms an unfavorable decision or reverses a favorable decision - has the right to file an appeal with a Florida District Court of Appeal.  The Commission’s Notice of Order includes the procedure for filing a court appeal.  Additional information about filing a court appeal is included on this web site.  A court appeal, however, will not involve another hearing or the taking of additional evidence.  Additionally, the courts do not automatically review a case.  It is the burden of the party filing the court appeal to prosecute the appeal in accordance with the Florida Rules of Appellate Procedure. [Note: an order vacating a referee’s decision and remanding for additional proceedings is not a final order and is not appealable when issued.]