What do I do if my appeal is late?
An appeal of a Hearing Officer's decision must be received by the Industrial Claim Appeals Office within 20 calendar days of the date of the decision. If the 20 days has passed, but you still want to file an appeal, you must show good cause for accepting the late appeal. You may file a late appeal by mailing a written statement indicating you are appealing to: ICAO, PO Box 18291, Denver, CO 80218-0291. You may also fax a written statement indicating you are appealing to: ICAO (303) 318-8139 or email it to: ICAO@state.co.us
You must explain in detail why the appeal is late.
Please include: 1. the claimant's name AND, 2. the docket number, AND, 3. a copy of the decision you are appealing OR the date of the decision you are appealing.
ICAO has provided a form to use as a guideline for your appeal. To access the form, please click ICAO New Appeal-New Hearing Request Form.
How long will the appeal process take?
The length of time it takes to resolve the appeal depends on how many appeals are pending, as well as individual factors, such as the time required to prepare a transcript, the complexity of the issues involved, whether the parties file briefs, and whether extensions of time are needed for filing briefs. In most cases, the Panel issues an order within two or three months after the date an appeal is received.
Return to Top
Will there be a hearing at the Industrial Claim Appeals Office?
No. The Industrial Claim Appeals Panel will not conduct a hearing. The Panel's review of the case will be based on a review of the record made before the hearing officer, as well as the parties' written arguments. After reviewing the case, the Panel will issue a written decision that will be mailed to the addresses on file for the parties.
Return to Top
What is an "appeal brief"?
A brief, or written argument, is nothing more than a written statement of the reasons you disagree with the Hearing Officer's decision. There is no particular format that must be followed when submitting a written argument. Most parties simply write a letter in which they outline the issues they wish the Panel to consider. Appropriate issues to raise in the written argument may include:
If there are specific examples in the transcript that support your position, be sure to refer to them by page number in your statement. A written argument is NOT an invitation to submit "new" evidence that was not presented at the hearing. It IS your opportunity to present statements based on the evidence reflected in the transcript that point out the factors the Panel should consider in making their decision. In other words, this is your chance to say why you feel the Hearing Officer's decision should be changed or should stay the way it is.
Return to Top
Do I need to type my brief, or is it permissible to submit handwritten information?
You are not required to type what you submit. Handwritten statements are acceptable, as long as they are legible.
Return to Top
Do I have to file a brief?
The parties to an appeal before the Industrial Claim Appeals Office do not have to file a brief. A brief is your opportunity to provide the Panel with a more detailed or specific explanation of why you feel the Hearing Officer's decision should be reversed or affirmed. If you are the appealing party, and have nothing to add to the explanation in your initial appeal statement, you may decide that a brief is unnecessary.
If you are the opposing party, you will be mailed a transcript along with notice of an opportunity to file a brief in support of the Hearing Officer's decision. If the appealing party files a brief, the opposing party may or may not be given an opportunity to file a second brief in response to the appealing party's brief. However, if the appealing party does not file a brief, the opposing party definitely will not have another opportunity to file a brief. Therefore, if the opposing party has arguments to make in support of the Hearing Officer's decision, they should file a brief when they receive the transcript and initial Notice of Opportunity to File Brief. The opposing party may, however, determine that a brief is unnecessary and elect not to file a brief.
Example:
An employer disagrees with the Hearing Officer's decision in a particular claimant's case, and timely submits an appeal to the Panel. A "Notice of Appeal to Industrial Claim Appeals Panel" is sent to both parties, and the claimant is also sent a copy of the employer's appeal letter. A transcript is prepared and mailed to both parties, and both parties then have an opportunity to file a brief. If the employer files a brief, the claimant will be sent a copy of the employer's brief, and will be notified if the Panel will allow a response brief. If the employer does not file a brief, and the claimant failed to file a brief during the initial briefing period, the claimant would have no other opportunities to file a brief. Return to Top
Do I have to send a copy of my appeal brief to the other side?
No, you do not need to send a copy of your appeal brief to the other side. The Panel will send a copy of the appealing party's brief to the opposing party.
Return to Top
Do I have to send back my copy of the transcript after reviewing it?
Please do not send back your copy of the transcript. The Panel has its own copy of the transcript and will refer to it in considering the appeal.
Return to Top
If I don't file a brief, will this hurt my chances of winning my appeal?
You will not be penalized for failing to file a brief. However, we do not keep statistics that show whether the chances of losing the appeal are greater when no brief is filed. If you are unsure of whether to file a brief, you probably should file one.
Return to Top
Do I need an attorney?
You are not required to be represented by an attorney. Parties have the right to be represented by an attorney or other individual at your own cost, but whether you obtain representation is up to you.
Return to Top
What if I cannot afford an attorney, who can I contact?
If you are in need of legal assistance and cannot afford an attorney you may wish to contact Colorado Legal Services at the following site: www.ColoradoLegalServices.org
Return to Top
If I move and notify the Unemployment Insurance Benefits Section of my new address, do I also need to notify the Industrial Claim Appeals Office?
Even if you notified the Benefits Section of your new address, to ensure that you receive items mailed to you by the ICAO, also notify the ICAO of your new address.
Return to Top
Should I continue to file for benefits during the appeal process?
Claimants who are appealing a denial of benefits should continue to file bi-weekly claims for benefits. You must also continue to meet eligibility requirements. To remain eligible, you must be unemployed, be able to work and available for work, and you must be searching for work. If you win your appeal, you will be paid for only those weeks for which you filed a bi-weekly claim.
Return to Top
Will my benefits automatically stop now that an appeal has been filed by my employer?
Your benefits will not be stopped when an employer files an appeal of an award. Claimants should continue to file bi-weekly claims for benefits. You also must continue to meet eligibility requirements. To remain eligible, you must be unemployed, be able to work and available for work, and you must be searching for work. If the employer wins the appeal, your benefits may be stopped and you may be asked to repay benefits you already have received.
This depends on the aspects of your individual claim. You can find out for sure by calling the Division of Employment, Customer Service/Benefits. Their telephone number in the Denver area is: (303) 318-9000. Outside the Denver area, you may call toll-free: 1-800-388-5515.
Return to Top
If my benefits are denied, will I have to pay back what I have received?
If you are disqualified based on your separation from a particular employer, you may have to repay the benefits you have already received based on that employment. You can find out what effect a disqualification will have on your claim by contacting the Division of Employment, Customer Service/Benefits. Their telephone number in the Denver area is: (303) 318-9000. Outside the Denver area, you may call toll-free: 1-800-388-5515.
Return to Top
I'm working now (and not filing for benefits), so should I care if my benefits are denied?
If you are disqualified based on your separation from a particular employer, you may have to repay what you have already received based on that employment. You may determine what effect a disqualification will have on your claim by contacting the Division of Employment, Customer Service/Benefits. Their telephone number in the Denver area is (303) 318-9000, or toll-free at 1-800-388-5515.
Return to Top
If I lose the appeal, can I appeal further?
Final orders of the Panel can be appealed to the Colorado Court of Appeals. Instructions for filing an appeal are at the end of each Final Order the Panel issues. Please remember that an appeal to the Colorado Court of Appeals must be RECEIVED BY the court within 20 days of the date the Final Order is issued.
The Court has a number of specific procedures you must follow if you wish to file an appeal, and a specific form for appeals of Unemployment Insurance cases. You may access that form and the Court procedures online.
Colorado Court of Appeals Forms If you have questions about how to file an appeal with the Court of Appeals, you may contact the Court at (303) 837-3785. The Court also has an online document available to assist you.
Colorado Court of Appeals ICAO Appellate Checklist (PDF)
How can I obtain copies of Industrial Claim Appeals Panel decisions?
By law, information obtained by the Department of Labor and Employment concerning a claim for unemployment benefits may not be released, except to the parties involved. Consequently, decisions of the Industrial Claim Appeals Panel in an Unemployment Insurance case are available only to the parties involved in that case.
Return to Top
Where can I obtain copies of the Colorado Employment Security Act and the Regulations Concerning Employment Security?
The Colorado Employment Security Act (CESA) is the section of the Colorado statutes which governs the unemployment insurance program. The Regulations Concerning Employment Security are the Department of Labor and Employment's regulations governing the unemployment insurance program. Printed copies of each may be obtained by calling the ICAO at (303) 318-8133. Copies may also be obtained from Customer Service/Benefits at (303) 318-9000 in the Denver area, or toll-free, 1-800-388-5515.
The CESA and the regulations are also available on-line.
Colorado Employment Security Act (Statutes)
Regulations Concerning Employment Security
Return to Top | ICAO Overview | UI Appeals Overview | CDLE UI Home Page | Contact ICAO