Applicants who are initially denied may appeal their claims to the Appeal Tribunal of the New Jersey Department of Labor within seven days of delivery, or ten days of mailing, of the Notice of Determination. Applicants may request an extension if they can show good cause, for example an unforeseen situation beyond the applicant’s control. The Appeal Tribunal will then schedule a hearing which usually takes place over the phone.
Applicants should include a brief explanation of why they should receive benefits and may submit their appeal in person, by fax or by mail. Throughout the process, applicants should also be actively seeking work just as they would if their application was approved so that they may be eligible to receive retroactive benefits; if successful, claimants may receive current and retroactive benefits to compensate for the time of the initial denial.
A claims examiner will mail a written decision to the parties including the applicant, former employer, witnesses, representatives and attorneys, based on their sworn testimony and other evidence presented at the hearing. If the applicant has still not been approved, he or she may appeal to the Board of Review, the New Jersey Appellate Division and the New Jersey Supreme Court, respectively.