Processing Notice and Form Questions

• What happens if I do not complete or return the form?
  • The appeal is dismissed and removed from First Level Appeals.
• When does the 21-day period start? From when I receive the form?
  • You have 21 days from January 26, 2023, the date the form was mailed to return the form. The final date to respond to the form via email or to postmark the return by mail is February 16, 2023.
• Can I mail the form or email it to any other VEC address or email address?
  • No. Due to the deadline, you must email the form to lateappeal@vec.virginia.gov or mail it to First Level Appeals.
• What happens if I give the form to my local office? Will it still get to where it needs to go?
  • You must follow the instructions on the form and email it to lateappeal@vec.virginia.gov or mail it to First Level Appeals. Any form that is sent to another location may not be received in time and could be dismissed because of no response. The local office must email the form to lateappeal@vec.virginia.gov or mail it to First Level Appeals.
• I believe I have a good reason for turning it in after the 21-day deadline. Will you still accept it?
  • You can send the form, but depending on the date it is received, your appeal may be dismissed.
• I want to talk to a lawyer. How can I get more than 21-days to return the form?
  • You should not delay in completing the form, no extensions will be granted. You can consult a lawyer while your form is being processed.
• I received more than one letter and form, do I need to fill out the form more than once?
  • Yes. You may have more than one issue that you appealed. We must receive a response from you for each docket number that you were sent a letter and a form for. Please include the corresponding docket number for each form you submit.
    • You do not need to submit the form for a docket number if you did not receive a cover sheet and letter with the same matching docket number.
• What if I turn in my form and I select that I want a hearing and the other party doesn't respond?
  • The letter is only being sent to the person who filed late. If you turned the form in, your response is being reviewed.

Notice and Form Content Questions

• What does “good cause” mean? Can you give me some examples? It would help me with filling out the form.
  • Good cause is defined as circumstances beyond your control that prevented you from filing your appeal by the final date of appeal as printed on the Deputy’s Decision that you appealed.
• What does “compelling and necessitous circumstances” mean?
  • The form gives you examples: a medical emergency, a personal emergency, a circumstance beyond your control that prevented you from filing your appeal on time.
• If I select I want a hearing, will my hearing be held sooner?
  • No, it will be processed in the same time frame as a regular appeal.
• What if I do not check the request a hearing box and you determine I had good cause for filing my appeal late?
  • If you do not request a hearing, but you have good cause for filing your appeal late, you will be scheduled for a hearing that will include the underlying issue for your appeal. An Appeals Examiner will conduct the hearing, review the file, and you will receive a decision.
  • An automatic response will be sent to your email indicating receipt of the form.
• How will I know that you received my form if I send it by mail?
  • You will receive a decision or a Notice of Telephonic Hearing Before an Appeals Examiner in the mail.
• What is the difference between dismissal of the appeal and withdrawing the appeal? Isn't it the same thing?
  • A Decision of Dismissal means that your request for review has been denied because the Deputy’s Decision has become final. You can appeal the Decision of Dismissal to Commission Appeals.
  • The withdrawal of the appeal is voluntary and made with knowledge that you accept the Deputy’s Decision as final and the outcome cannot be appealed to the next level.
• What if I requested a hearing, will I receive a hearing?
  • If you requested a hearing, you will receive a hearing.

Overpayments/Overpayment Waivers/Withdrawals

• I appealed the Deputy’s Decision, but I already received a waiver, how should I answer the form?
  • If you disagree with the Deputy’s Decision that held you disqualified/ineligible/overpaid for benefits, you should complete the form and return it. It is a separate issue from a waiver of overpayment.
• I appealed the Deputy’s Decision and my overpayment waiver was denied, how should I answer the form?
  • You have the right to appeal a denial of overpayment waiver. You should complete the form if you disagree.
• If I withdraw the appeal and I have an overpayment, what happens?
  • The regular procedure for overpayments will still apply. If you have a balance, you will be required to repay it.
    • If I withdraw the appeal and I have an overpayment waiver, what happens?
      • If your waiver has been processed and approved, the waiver will take care of the balance within the waiver time period. If it was denied or outside the waiver time period, you will have a balance that you must repay.
    • If I withdraw the appeal and I turned in my overpayment waiver document but there is no decision on it, what happens?
      • Waiver applications are being processed in the order they were received. If you do not have a waiver decision, it is pending review.