If you are unemployed, you may be eligible for unemployment benefits in Maryland. The Maryland Department of Labor's (DOL) Division of Unemployment Insurance handles the Unemployment Insurance program. There are three articles in this series with information on eligibility, applying, and appealing a denial. This article deals with appealing a denial of benefits.
Topics on this page:
- Right to Appeal
- Appeal to the Department of Labor’s Lower Appeals Division
- Appeal to the Department of Labor's Board of Appeals
- Appeal to the Circuit Court of Maryland
- Maryland Unemployment Decisions Digest
Right to Appeal
Any claimant that receives a determination denying them benefits has the right to file an appeal. There are three levels of appeal:
- Appeal to the Department of Labor’s Lower Appeals Division
- Appeal to the to the Department of Labor’s Board of Appeals
- Judicial review in Circuit Court
Recommendation: A claimant should continue to submit weekly certifications while a claim is pending on appeal
Appeal to the Department of Labor’s Lower Appeals Division
A claimant who has received a determination letter that denies an unemployment benefit may file an initial appeal with the Lower Appeals Division to have the claim reviewed by a Hearing Examiner.
What can be appealed to the Lower Appeals Division
Only certain determinations may be appealed to the Lower Appeals Division. Specifically, the Division handles appeals of determinations letters titled “Notice of Benefit Determination,” ”Lost Wage Assistance Eligibility Determination,” or similar determinations. A claimant who has been denied benefits based on one of those determinations may file an appeal to the Appeals Division. Upon receipt of an appeal a hearing will be scheduled.
NOTE: You can access a copy of the above determinations by logging in to the BEACON system and selecting “Correspondence" from the left menu.
How to file an appeal with the Lower Appeals Division
Option 1: Use BEACON
- Step 1: Login to BEACON
- Step 2: Click on "Correspondence"
- Step 3: Click the “Search” button
- If there is a Determination which is appealable, there will be a “File Appeal” hyperlink on the end of the row of that determination.
- Step 4: Click on the “File Appeal” link and complete the appeal form
At the end of that process, you will be issued an appeal number.
Option 2: File an appeal without using BEACON
If you do not have access to BEACON and wish to file an appeal, you can submit your appeal to the Lower Appeals division via email, mail or fax.
Your request for an appeal must include:
- The precise name and date of the determination from which you wish to appeal;
- The claimant’s name as it appears on the determination from which you wish to appeal;
- The claimant’s social security number and/or your claimant/employer ID number;
- A telephone number where you can be reached; and
- A brief statement of why you disagree with the Determination being appealed.
If possible, include a copy of the determination letter you are appealing. Your name must be legibly printed, and your signature must be included on the request for appeal.
The Lower Appeals division will send you notification that your appeal was received. You will also receive a Hearing Notice which explains your rights and responsibilities as it relates to the appeal.
Send Via Email
Submit your request for appeal, including the items listed above to UILowerAppeals.Labor@maryland.gov.
Deliver in person or send via Mail
Submit your request for appeal, including the items listed above to:
Lower Appeals Division
2800 W. Patapsco Avenue
Baltimore, MD 21230
Send via Fax:
Fax your request for appeal, including the items listed above to 410-225-9781
Deadline to File Appeal
An appeal must be filed not later than 15 calendar days after the date of the benefits determination letter.
An appeal is considered filed when:
- It is delivered in person;
- If mailed, the date that it is postmarked; or
- If faxed or emailed, the date that the fax or email is sent and received.
Review and Consideration of the Appeal
First, the appeal will be scheduled for a hearing before a Hearing Examiner
- Claimant will be given written notice of the hearing date and location at least 7 business days prior to the hearing. The hearing notice will include instructions on how to request a postponement.
- A claimant may request in writing a postponement of a scheduled hearing not later than 3 days prior to the scheduled hearing, which will ordinarily be granted if a “good cause” is shown.
Second, the hearing will:
- Be open to the public;
- Be recorded;
- Include as participants:
- The claimant and his or her representative;
- The claimant’s former employer and/or the employer’s representative (if the employer chooses to attend); and
- The Hearing Examiner;
- Include questions about the facts relevant to the claim, the employer (if attending), and any other witness; and
- Include the opportunity for all parties to question witnesses, to present documents, recordings, and other tangible things as evidence, and to make an oral argument.
Third, the Hearing Examiner will:
- Consider all testimony and evidence; and
- Issue a written decision, mailed to all parties, that either affirms, modifies, or reverses the benefits determination; the decision will include factual findings and discuss the application of unemployment insurance law.
There is no required time frame within which the Hearing Examiner must issue a decision, though they try to do so as quickly as possible.
For more information, visit the Department of Labor's page on the Lower Appeals Divisions.
Read the Law: Md. Code, Labor and Employment Title 8, Subtitle 5, § 8-806
Read the Regulations: Code of Md. Regulations, Title 9, Subtitle 32, Chapter 11
Appeal to the Department of Labor's Board of Appeals
A claimant who does not agree with the decision of a Hearing Examiner from the Lower Appeals Division can file an appeal of that decision with the Board of Appeals.
How to file an appeal with the Board of Appeals
Option 1: Use BEACON
- Step 1: Login to BEACON
- Step 2: Click on "Correspondence"
- Step 3: Click the “Search” button
- Search for the Lower Appeals Decision in your correspondence.
- Step 4: Click the “File Appeal” link. The File Appeal wizard will walk you through the steps.
Option 2: File an appeal without using BEACON
If you do not have access to BEACON and wish to file an appeal, you can submit your appeal to the Board of Appeals via email, mail or fax.
Your request for an appeal must include:
- The claimant’s name as it appears on the Lower Appeals Division Decision;
- The claimant’s social security number and/or the Lower Appeals Division Appeal Number;
- A telephone number where you can be reached; and
- A brief statement of why you disagree with the Lower Appeals Division Decision being appealed.
You will receive a letter in the mail notifying you of receipt of your appeal. The letter will explain your rights and responsibilities as it relates to the appeal.
Send Via Email
Submit your request for appeal, including the items listed above to dluiboardappeals-labor@maryland.gov
Deliver in person or send via Mail
Submit your request for appeal, including the items listed above to:
Board of Appeals
2800 W. Patapsco Avenue
Baltimore, MD 21230
Send via Fax:
Fax your request for appeal, including the items listed above to 410-767-2781.
If you are filing by mail or by fax, your name must be legibly printed and your signature must be included on the request for appeal. If you have a specific question about your appeal, you can contact the Board of Appeals at 410-767-2781. DO NOT attempt to contact the Board, its members, attorneys or staff by any other e-mail address or phone number as such contact is prohibited and could compromise your case.
Deadline to File Appeal
An appeal must be filed not later than 15 calendar days after the date of the Hearing Examiner's decision is sent.
An appeal is considered filed when:
- It is delivered in person;
- If mailed, the date that it is postmarked; or
- If faxed or emailed, the date that the fax or email is sent and received.
Review and Consideration of the Appeal
A hearing is discretionary - If the Hearing Examiner's decision affirms Claims Specialist's decision (the initial decision when you filed for unemployment insurance) the Board does not have to hold a hearing. If the hearing examiner's decision differs from the Claims Specialist's decision, the Board will hold a hearing.
First, if necessary, the appeal hearing will be scheduled by the Board the Appeals
- The parties—including the claimant and the employer—will be given written notice of the hearing date and location at least 15 business days prior to the hearing. The hearing notice will include instructions on how to request a postponement.
- A party may request in writing a postponement of a scheduled hearing not later than 3 days prior to the scheduled hearing, which will ordinarily be granted for “good cause” shown.
Second, the hearing will:
- Be open to the public;
- Be recorded;
- Include as participants:
- The claimant and the claimant’s representative;
- The claimant’s former employer and/or the employer’s representative (if the employer chooses to attend); and
- 3 members of the Board of Appeals; and
- Include review by the Board of the evidence in the Hearing Examiner’s record of the case.
The hearing may include at the Board’s discretion:
- The questioning of witnesses by the Board and the parties;
- Introduction of additional documents or other evidence; and
- Oral arguments made by the parties.
Third, the Board of Appeals will:
- Consider the Hearing Examiner’s record and all testimony and evidence received during the Board’s hearing;
- Reach a decision on the appeal by majority vote that either affirms, modifies, or reverses the decision of the Hearing Examiner; and
- Issue a written decision, mailed to all parties.
For more information, visit the Department of Labor's page on the Board of Appeals and frequently asked questions.
Read the Law: Md. Code, Labor and Employment Title 8, Subtitle 5a
Read the Regulations: Code of Md. Regulations Title 9, Subtitle 32, Chapter 6
Appeal to the Circuit Court of Maryland
An unemployment insurance claimant who has been denied benefits may seek judicial review of the denial only after the claim has been considered by the Board of Appeals. Both the claimant and the employer have the right to seek judicial review.
A petition for judicial review must be filed in the Circuit Court not later than 30 days after the date of the Board of Appeal’s written decision. The Board’s written decision will include an explanation of the right of judicial review.
Learn more about appealing an administrative decision.
Recommendation: A claimant should seek advice of an attorney before filing for judicial review.
Read the Rules: Md. Rules, Title 7, Chapter 200
Maryland Unemployment Decisions Digest
The Maryland Unemployment Decisions Digest contains summaries of the Board of Appeals’ decisions and the Appellate Court of Maryland (formerly the Court of Special Appeals) and Supreme Court of Maryland (formerly the Court of Appeals) decisions on the sections of the law most used by hearing examiners. The digest is a valuable tool for those building an unemployment insurance case.
This article series was produced by the Economic & Food Security Committee of the Maryland Attorney General's Covid-19 Access to Justice Taskforce.