Preparing An Appeal

Preparing for an appeal hearing

This page provides claimants and employers with important information about the appeal hearing and the decision of the referee. Please read all of the information carefully. If you have questions regarding your appeal, you may call toll free:

Chicago area and north of I-80:
800-821-3550

Springfield and south of I-80:
800-423-2458

What is a benefit appeal hearing?

An appeal hearing is a fact finding process to determine whether an individual is eligible for unemployment insurance benefits. The hearing is your opportunity, as a claimant or employer, to present your case to an IDES administrative law judge, called a Referee. The Referee, an attorney at law, will determine whether unemployment insurance benefits are payable.

Note: hearings are governed by the Illinois Unemployment Insurance Act, 820 ILCS 405/100 et seq., and the Benefit Rules, 56 Illinois Administrative Code Section 2720.

Why is the hearing important to me?

Regardless of whether the claimant or the employer requested the hearing, you must participate if you want your information considered.

• If you are the appellant (you filed the appeal) and fail to participate, your appeal will be dismissed.

• If you are the respondent (you are answering the other party’s appeal), failure to participate may result in a decision favorable to the other side.

• If you are the claimant and you lose, you must repay any benefits you received. Overpaid benefits will be deducted from future benefits for which you become eligible, or may be recovered by other means, including a civil lawsuit.

• If you are the employer and you lose, benefits paid to the claimant may be charged against your Unemployment Insurance account and your Unemployment Insurance tax rate may increase.

Can someone help me?

The hearing process is designed for parties without a representative. The referee is charged with conducting a fair and impartial hearing and it is his/her responsibility to protect the rights of all parties. However, you have the right to have a representative of your choice to help you at the hearing. Your representative can be an attorney or any other individual you choose.

Free Legal Services Program for Claimants & Small Employers

IDES contracts with private law firms to provide limited free legal services (consultation and/or representation at IDES administrative hearings) to claimants and small employers who are eligible for this service. These are independent law firms and are not part of IDES. Representation at your hearing is not automatic and depends,in part, upon the facts in your case.

You may qualify for free legal services related to the hearing process. Please click here for more details.

What if I disagree with the referee’s decision?

You can file a written appeal to the Board of Review within thirty (30) days of the mailing date of the referee’s decision. You should state why you are appealing and include the docket number of the referee’s decision.

[get the IDES pamphlet, "Appealing to the Board of Review"]

The appeal may be filed at the local office or by telefax at: (312) 793-2373.

You can also appeal by mail at:

Illinois Department of Employment Security
Board of Review
33 South State Street, 9th Floor
Chicago, IL 60603

You may request a transcript of the referee’s hearing when you appeal to the Board of Review. Otherwise, records of hearings are confidential and not provided.

IDES is an equal opportunity employer and complies with all state and federal nondiscrimination laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities. The Illinois Department of Employment Security Equal Employment Opportunity (EEO) Officer is responsible for compliance and can be reached at (312) 793-9290 or TDD (312) 793-9350.