If you have filed a timely appeal to the Appellate Panel and you have requested a hearing, then it is likely that you will receive a hearing notice and a copy of the transcript from the previous hearing.
The Appellate Panel is made up of three administrative judges. Their job is to complete a new review of all the testimony and other evidence presented in the Appeal Tribunal hearing. They do not normally consider new evidence.
If you cannot attend the hearing, you can send in a written argument explaining why you disagree with the decision. Even if you are attending the hearing, it can still be a good idea to send in a written argument in advance so the judges can consider it.
Hearings are conducted at the offices of the Department of Employment and Workforce in Columbia. Your hearing notice will include the time, date, and address. You should give yourself extra time to find parking and to be screened by security.
When your case is called, you will enter the hearing room. You and any representative from the Employer will sit on one side of a large table. The three judges of the Appellate Panel will sit on the other side. After a brief introduction, you will be given ten minutes to explain why the previous decision was incorrect. You should be prepared to point out to the judges the page and line numbers of any important testimony that supports your argument. You should also be prepared to answer any questions the judges may have. When your ten minutes is up, the Employer will have ten minutes to respond. Finally, you will have five minutes to reply to any of the Employer's arguments.
After the hearing the Appellate Panel will consult with its attorneys and send you a decision.
If you disagree with the Appellate Panel decision, you have the right to make a motion for reconsideration within ten days of the the date the decision was sent to you. You also have the right to appeal to the Administrative Law Court. Instructions for how to file an appeal to that Court are included with each Appellate Panel decision. The process of filing an appeal to that Court is outside the scope of this classroom.
It is very helpful to be represented by an attorney in an unemployment benefits appeal. If you cannot afford an attorney, South Carolina Legal Services may be able to assist you. You can apply for legal help by calling (888) 346-5592 or online.