After you become unemployed, file your claim as soon as possible
You will need:
- Your social security number, address, and phone number
- If you are claiming dependents, you need their names, dates of birth, and social security numbers; and
- The name(s), complete payroll address, telephone number, and the reason you are no longer working for each employer you worked for during the 18 month time period prior to the date you are applying for benefits.
After you file your initial application for benefits, you must continue to file claims for benefits every week in order to continue to be paid your weekly benefits. Information regarding this process can be found at www.dllr.state.md.us/employment/uiweeklyinitial.shtml
Answers to the most commonly asked questions about the unemployment insurance process can be found at www.dllr.state.md.us/employment/claimfaq.shtml
- After an individual applies for benefits, a claims examiner must determine whether or not that person will be awarded benefits.
- You might receive a letter advising you that a claims examiner will be calling you to conduct a telephone interview to discuss your claim.
- After the interview process is concluded, you will receive a written decision advising you whether or not you are entitled to receive benefits.
- A claimant for unemployment insurance who has been denied benefits may file an appeal of that denial to the Appeals Division. Likewise, an employer may appeal a determination granting benefits to a former employee. The appeal must be filed in writing and must be filed within 15 calendar days from the date the determination was mailed. All appeals must be in writing and submitted by mail or fax. Detailed information about the date your appeal is due and where to fax or mail your appeal is contained in the letter. It is very important that you file your appeal on time.
- If an appeal has been filed, you will receive a notice advising you of the date, time, and location of your hearing before a Hearing Examiner or a notice with instructions if your hearing is scheduled as a telephone hearing. It is very important that you appear for or participate in your hearing. If you fail to appear for your hearing, even if you are not the one who filed the appeal, you risk having your benefits denied.
- After your hearing, the Hearing Examiner will issue a written decision. Either the claimant or the employer can appeal that decision to the Board of Appeals. The Hearing Examiner’s decision will advise you of the deadline date for filing your appeal and provides the address and fax number to which you must file your written appeal. It is very important that you file your appeal by the deadline.
- The Board can do one of three things. It can review the Hearing Examiner’s decision and issue its own written decision, it can hold another hearing, or it can deny review of your appeal.
- The Board's written decision (even if it denies review of your appeal) is appealable to the Circuit Court in any county in Maryland. The Court's review is limited to the record and you will not be permitted to introduce new evidence or new testimony. These proceedings are governed by Maryland Rules 7-201 through 7-209.
The Maryland Unemployment Decisions Digest contains summaries of the Board of Appeals’ decisions and the Maryland Court of Special Appeals and 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.
Read the Law: MD Code, Labor & Emp. §8-806, 8-5A-07, 8-5A-10, 8-5A-11, 8-5A-12 and COMAR 09.32.11.01-04 (Lower Appeals Division – Appeals Procedure) and COMAR 09.32.06.01-11 (Board of Appeals – Appeals Procedure)
Sources of Law:
Federal Law: 42 U.S.C.A. §§ 501-504 authorizes the allocation of funds to states that comply with federal requirements.
Federal Regulations: See the US Department of Labor's regulations on unemployment benefits (Employment and Training Administration).
The key laws in this area are the Maryland state law and the Maryland Regulations.
State Regulations: COMAR 09.32.*