What issues may I appeal to the Unemployment Compensation Board of Review (UCBR)?

We have compiled a list of issues that can appealed to the UCBR:

1. All parties should be aware that in all cases involving the claimant’s separation from employment, Section 402(b) or Section 402(e) may be at issue.
2. They should also be aware that in all cases the claimant’s ability to work and availability for suitable work may be at issue under Section 401(d).
3. Section 3 – Whether claimant’s suspension or discharge was the result of non-work related conduct and was due to claimant’s own fault.
4. Section 4(1) and Articles X, XI, and Xll-Whether claimant’s services during his base year were performed in covered employment.
5. Section 4(w)(2)-Whether claimant since the beginning of his pre ceding benefit year has worked in covered or non-covered employment and earned wages in an amount equal to or in excess of six times his weekly benefit rate.
6. Section 302(a)-Whether employer’s request for relief from charges was filed within period prescribed by the Unemployment Compensation Regulations, Title 34 of the Pennsylvania Code.
7. Section 302(a)(1 ),(2),(3)-Whether claimant’s base-year employer qualifies for relief from charges.
8. Section 401 as defined in Section 4(u)-Whether claimant was unemployed.
9. Section 401 (a)(1 )-Whether at least 20% of claimant’s total base year wages were paid in one or more quarters other than highest quarter of claimant’s base year.
10. Section 401(b)-Whether claimant registered for work and there after continued to report to the local office.
11. Section 401(c) as defined in Section 4(w)(1)-Whether claimant filed a valid application for benefits.
12. Section 401 (d)(1),(2)-Whether the claimant was able and available for suitable work, provided that no otherwise eligible claimant shall be denied benefits for any week in which his unemployment is due to exercising the option of accepting a layoff from an available position pursuant to a labor-management contract, or pursuant to an established employer plan, program or policy.
13. Section 401(e)(1)-Whether claimant has been unemployed for a waiting period of one week.
14. Section 401(f)-Whether claimant subsequent to disqualifying separation or subsequent to self-employment has been paid remuneration for services in an amount equal to at least six times the claimant’s weekly benefit rate.
15. Section 402(a)-Whether claimant failed without good cause either to apply for or to accept suitable work. 402(a) provides further, that a claimant shall not be disqualified for refusing suitable work when he is in training approved under Section 236(a)(1) ofthe Trade Act of 1974.
16. Section 402(a.1)-Whether claimant’s unemployment is due to failure to accept an offer of suitable full-time work in order to pursue seasonal or part-time employment.
17. Section 402(b)-Whether claimant’s unemployment was due to voluntarily leaving work without cause of necessitous and compelling nature, provided further, that no otherwise eligible claimant shall be denied benefits for any week in which his unemployment is due to exercising the option of accepting a layoff, from an available position pursuant to a labor-management contract agreement, or pursuant to an established employer plan, program or policy. 402(b) provided further that a claimant shall not be disqualified for voluntarily leaving work which is not suit able employment, as defined in 402(b), to enter training approved under the Trade Act of 1974.
18. Section 402(d)-Whether claimant’s unemployment was due to a stoppage of work which exists because of a labor dispute (other than a lockout) at the factory, establishment, or other premises UC-58 REV 10-09 (Page 1) where last employed.
19. Section 402(e)-Whether claimant’s unemployment was due to discharge or temporary suspension from work for willful misconduct connected with employment.
20. Section 402(h)-Whether claimant is engaged in self-employment.
21. Section 402.1(1)-Whether claimant is a professional school employee and has a contract or reasonable assurance of returning at the beginning of the next academic term or immediately following a vacation period or holiday recess.
22. Section 402.1 (2)-Whether claimant is a non-professional school employee and has a reasonable assurance of returning at the beginning of the next academic term or immediately following a vacation period or holiday recess.
23. Section 402.1 (3)-Whether claimant-school employee performed services in the period immediately before a vacation period or holiday recess and whether there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
24. Section 402.1(4)-Whether claimant performs services in or near an educational institution while in the employ of an educational service agency and has a contract or a reasonable assurance of returning to work at the beginning of the next academic term or immediately following a vacation period or holiday recess.
25. Section 402.1(5)-lf an individual has performed services after October 31, 1983 conforming to Section 402.1(2) and was denied benefits under either 402.1(2) or 402.1(4), there may be a grant of benefits if the claimant is not offered an opportunity to perform service in the second of such academic years or terms for the period beginning with the first week he was denied benefits, solely by reason of said two sections, if timely claims have been filed during the denial period and providing the claimant was otherwise eligible for benefits. This provision covers claim weeks beginning September 3, 1982, for employees of institutions of higher education, and for employees of all other educational institutions it shall be effective with claim weeks beginning January 1, 1984. If any overpayment due to this provision and other amendments to Section 402.1 being retroactive occurs, it shall be ruled as non-fault, nonrecoupable.
26. Section 402.2-Whether claimant is a professional athlete and has a reasonable assurance of being reemployed at the beginning ofthe next season.
27. Section 402.3-Whether the claimant is an alien and whether the claimant is legally residing in the United States.
28. Section 402.4(a)-Provides that benefits should be paid to an officer of a corporation who has exercised a substantial degree of control over corporate affairs and whose unemployment is due to the corporation’s having entered into involuntary bankruptcy proceedings under the provisions of Chapter 7, Title 11, of the United States Code.
29. Section 402.4(b)-Provides that benefits should be paid to an officer of a corporation as described in Section 402.4(a) in the same manner and to the same extent as any other eligible claimant under the provisions of the Act.
30. Section 402.5-Provides that seasonal workers shall be ineligible for a week of unemployment outside the normal seasonal period of operation provided there is a contract of employment or reasonable assurance has been given that such workers will perform services in the next normal seasonal employment. The exception will occur if upon presenting himself for work, the seasonal worker is not offered an opportunity to perform services.
31. Section 402-A-Extended Benefits (EB) will not be paid for more than two weeks to a Pennsylvania claimant filing an interstate claim in a State where EB is not in effect.
32. Section 403-A(b)(2)-Shareable Regular or EB will not be paid to a claimant who fails to actively search for work.
33. Section 403-A(c)-Shareable Regular and EB claimants whose prospects of obtaining work are not good and who are disqualified for refusing suitable work must be employed for at least four weeks (not necessarily consecutive) and earn four times their weekly benefit amount before they can requalify for Share able Regular or EB. This also applies to Shareable Regular and EB claimants who fail to actively seek work.
34. Section 403-A(a)(d)-Shareable Regular or EB will not be paid to a claimant whose prospects for returning to work are not good, if he refuses suitable work that pays at least minimum wage and exceeds the individual’s weekly benefit amount plus any S.U.B. pay. The offer of work must be in writing or listed with the Job Service.
35. Section 403-A(h)-Regular DC claimants who have refused to apply for, or accept suitable work of a short duration, must be subsequently employed before they can qualify for Shareable Regular and EB. Regular UC claimants who are disqualified for a voluntary quit or for a discharge for full-time or part-time employment must be reemployed before they can qualify for Shareable Regular and EB.
36. Section 403-A(i), (Extended Benefits additional qualification requirement)- Effective with weeks beginning after September 25, 1982, claimants will be required to have total base-year earnings equal to at least one and one-half times the amount in the individual’s highest quarter of base-year earnings.
37. Section 404-Whether claimant was paid the qualifying amount of wages in subject employment.
38. Section 404(a)(1 )-Whether claimant is entitled to a larger weekly benefit rate.
39. Section 404(a)(2)-Whether claimant is entitled to a larger weekly benefit rate based on 50% of the claimant’s full-time weekly wage.
40. Section 404(a)(3)-Whether claimant is entitled to benefits under the “step down” provisions.
41. Section 404(c)-Whether the claimant has the required number of credit weeks in the base year to financially qualify to receive benefits.
42. Section 404(d)(1)(i)-Whether the claimant is entitled to receive partial benefits.
43. Section 404(d)(1)(ii)-Whether the claimant is subject to deductions for vacation payment in excess of the partial benefit credit.
44. Section 404(d)(2)(i)-Provides that pensions from base period or chargeable employers are deductible from benefits.
45. Section 404(d)(2)(ii)-Provides that a pension is deductible at 50% of the prorated weekly pension amount where the claimant contributed in any amount to the pension plan, and is deductible at 100% where the plan is contributed to only by the employer.
46. Section 404(d)(2)(iii)-Provides that a claimant’s pension, excluding Social Security or Railroad Retirement, will not be deductible if the claimant’s base-year employment did not affect the eligibility for, or increase the amount of, the monthly pension.
47. Section 404(e)(3)-Whether the claimant is entitled to dependent’s allowance.
48. Section 405-A-lf an individual’s claim ends in an Extended Benefit period, the remaining amount of extended benefits payable to the individual is to be reduced by the product of the number of weeks the individual was paid Trade Readjustment Allowances multiplied by the individual’s full unemployment weekly benefit rate.
49. Section 501(e)-Whether appellant filed a timely and valid appeal from the initial determination.
50. Section 502-Whether appellant filed a timely and valid appeal from the Referee’s decision.
51. Section 703.1-Effective October 1, 1982, each new UC claimant will be required to indicate whether they have any child support obligations. Employment Security is then required to notify the State or local child support enforcement agency of those claimants eligible for UC who also have child support obligations.
52. Section 703.1-Provides further, that Employment Security is required to deduct, from the unemployment compensation pay able to an individual, an amount specified by the individual or the child support enforcement agency for the payment of child support. Employment Security is then required to pay the deducted amount to the State or local child support enforcement agency.
53. Section 801 -Whether claimant knowingly made a false statement or knowingly failed to disclose a material fact in order to obtain or increase benefits and is thereby subject to an additional period of disqualification.
54. Section 804-Whether claimant has previously received benefits to which he was not entitled for the claim period in question and whether fault or non-fault provisions should govern the recoupment of compensation.
55. Section 804(b)(3)-Whether the claimant, pursuant to an awarding of a Labor Relations Board Arbitrator or the like received a back wage payment without deductions for UC Benefits received during the period to which such wages are allocated.
56. Chapter 85, Title V, U.S. Code, Section 8521, et seq-Whether claimant’s discharge from the Armed Forces of the United States qualifies claimant for benefits.
57. Whether the claimant is an unemployed businessman as defined by the Pennsylvania Supreme Court in Dawkins Unemployment Compensation Case. 358 Pa. 224 (1948) or in Starinieri Unemployment Compensation Case. 447 Pa. 256 (1972).
58. Trade Act of 1974-Whether claimant is entitled to Trade Adjustment Assistance (TAA) allowances.
59. Supplemental Appropriations Act of 2008 – Whether the claimant is entitled to emergency unemployment compensation benefits.
60.  Section 509-Whether a decision is final and, therefore, not subject to collateral attack.
61.  Section 402(j)-Whether the claimant participated, as required, in reemployment services referred through claimant profiling.
62. Section 402.6-Provides that benefits are not required for any weeks during which the claimant is incarcerated after a conviction.
63. Section 402(e.1)-Provides that a claimant shall be ineligible to receive benefits for any week in which his unemployment is due to being suspended or discharged for failing to submit to or fail ing to pass a drug/alcohol test conducted under an established substance abuse policy, provided that drug/alcohol test was not requested or implemented in violation of the Law or an existing labor agreement.
64. Disaster Unemployment Assistance-Whether the claimant is entitled to Disaster Unemployment Assistance under the provisions of Section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL. 100-707) as amended.
65. Whether the claimant is entitled to extended benefits.