31. Requesting an appeal

An appeal can be requested over the phone, online, or via mail. The worker can appeal an approval (to request modification) or a denial (to request approval). The worker has 10 calendar days to appeal, starting from the date they receive the decision. The “reason for appeal” can be left blank, it can be “I disagree with this decision,” or can state the factual or legal argument about why the person should be eligible or the decision should be modified. 

The online account “appeal” button disappears after one appeal is filed. If more than one appeal is necessary, such as when a claim is denied and then approved for the wrong dates, the second appeal can be made via mail or calling the DFML call center. You can also email DFML’s appeal manager at Daniel.R.DeCotis@mass.gov. 

It is often helpful to request the “appeal case folder” from DFML’s public records request form. (Only the applicant can do this.) The appeal case folder will contain all documents used to reach the decision, such as answers from the initial application, the quarterly wages reported by the employer to DOR and the Department of Unemployment Assistance  (“DUA”), the employer questionnaire response, records of other income such as workers compensation, copies of certification or identity documents, the notes of the call center and or adjudicator summarizing facts or conclusions, etc. It is especially helpful to get the Appeal Case Folder if the denial notice is too vague to directly rebut in the “reason for appeal” field, and the applicant is genuinely confused about why they were denied.

DFML allows late appeals for good cause, defined as “due to circumstances beyond the party’s control.” This determination is at the total discretion of the appeals department. In practice, good cause at DFML is a lenient, flexible standard based in fairness. 

Good cause for late appeal has been granted in the past when there was a language barrier, a health issue that delayed appeal, a lack of information about the specific reason for the denial (e.g. denial notice stating “employer provided disqualifying information”), where employer told the worker they were not eligible thereby discouraging appeal, when the worker was delayed in obtaining the documents necessary to win an appeal (such as corrected medical certification or valid photo ID or proof of wages), where the appeal button disappeared from the online account, where the worker did not know about the alternate base period, where the worker did not understand how financial eligibility was determined, that there is a lag in wage reporting, or how benefits were calculated, among others.