You must mail or fax your appeal to:

South Carolina Department of Employment and Workforce
Appeal Tribunal
P.O. Box 995
Columbia, SC 29202

Fax No. 803.737.0287

You also may file an appeal in any DEW office. Although you need not use an agency form to appeal, you can download Form APP-100 from our website. Print a copy and mail/fax it to the above locations.

South Carolina Code §41-35-660 states, in part, that an “interested party” is a claimant, the claimant’s most recent bona fide employer, or any employer whose account the claim adjudication affects. An appeal by an “interested party” must include the claimant’s name, Social Security number, and address. In addition, give the reasons you disagree with the determination and, if you file late, your reason for delaying. All appeals must be signed. We do not accept appeals via email.

 

The Appeal Tribunal will schedule a hearing and notify all interested parties of the hearing’s time, date, and location. No less than seven days prior to the scheduled hearing, we will mail a Notice of Hearing identifying issues to be covered. The South Carolina Administrative Procedures Act governs this formal quasi-judicial proceeding. The vast majority of hearings are held in person in a local office of the county where the work was performed. We hold a smaller number of hearings by teleconference under circumstances determined by the agency.

 

The Appeal Tribunal will assign an administrative hearing officer to hear your case—this individual is an unbiased professional with no vested interest in the case’s outcome. Administrative hearing officers are the impartial judges of the facts presented. Statute and regulation empower them to rule on matters of evidence, law, and procedure. If you wish, an attorney licensed by the State of South Carolina may represent you. Attorneys representing claimants are subject to fee limitations regulated by the agency.

 

Witnesses may be present for your case. Witnesses with firsthand knowledge are very important in your appeal presentation. Hearsay, or second-hand information is not as valuable as direct evidence. You can submit written documentation to support your case. Such documents typically would be from the period of employment or otherwise related to the issue under appeal. The administrative hearing officer will determine how and whether it will be considered. Note: This hearing is your only chance to present sworn testimonial and documentary evidence, so be prepared. If you have documentary evidence, you must have copies for the opposing party and the administrative hearing officer. Because we record hearings it is extremely important you speak clearly and audibly. Mumbling and shaking your head cannot be recorded. If you are the appealing party and you fail to appear, your case may be dismissed and the original determination will be upheld. Be sure to attend your hearing and represent your interests.

 

In the event a witness or document is unavailable to either party, the agency can issue a subpoena to compel an individual’s attendance or to produce evidence either party desires. An application for Issuance of Witness Subpoena is available by visiting any local office. The chief administrative hearing officer or designate considers subpoenas on a case-by-case basis. Such requests must be valid and must contain detailed information. Provide names, addresses, telephone numbers, and the specific reason for a witness’s presence or a document’s consideration in the hearing on the “Application of Issuance of Witness Subpoena.” If this information is not listed, the subpoena most likely will not be issued.

 

The administrative hearing officer is confined to evidence presented at the hearing. If you offer documents in the hearing, you must bring the original and two copies to help the administrative hearing officer fairly process the case for all parties. We will return originals at the hearing’s conclusion if copies are taken into evidence. Note: Although information might have originally been presented to the agency as part of the original fact-finding process, the administrative hearing officer may not have that information in the case file. It is not the administrative hearing officer’s job to present your case but to afford a reasonable opportunity for fair hearing, so be prepared. Parties scheduled for hearing by teleconference must provide copies of all documentation to the administrative hearing officer and the opposing party immediately upon receipt of the Notice of Hearing. The administrative hearing officer can elect to exclude documents received late or not in accordance with the instructions on the Notice of Hearing. It is imperative all parties in a teleconference be afforded a fair chance to review documentary evidence offered by the opposing party. A hearing by teleconference is as formal as those held in-person. Preparation by both parties for a teleconference hearing must begin immediately upon receipt of the Notice of Hearing, not when the administrative hearing officer calls the parties. Please follow the instructions on the Notice of Hearing. Postponements are granted only in the event of an emergency. A postponement must be requested in advance by contacting the Appeal Tribunal at the number provided on the hearing notice and not at the last moment. (803.737.2520) The local office does not have the authority to grant a postponement request.

 

Yes, a claimant under appeal status must continue to file weekly unemployment insurance benefits by phone or through the Internet filing procedure. This action gives the claimant credit for these weeks pending the hearing’s results. A claimant must also report to the local office whenever scheduled. Failure to do so may result in the loss of benefits, even if a claimant wins the appeal. Questions? Contact your local DEW office.

 

If the Appeal Tribunal's decision is not in your favor, both parties have the right to appeal to the Appellate Panel. The Appellate Panel acts as a board of review and is confined to the record from the hearing before the administrative hearing officer.

No new evidence or testimony will be considered. If an employer appeals and the decision is in the employer’s favor, a claimant may be required to repay all or part of the unemployment insurance benefits that have been paid. It is also important that claimants report all earnings for each week in which work is performed to avoid possible overpayment.

Appeals from the Appeal Tribunal to the panel are made by using Form APP-111 or by submitting a letter of appeal to the Appellate Panel office within 10 calendar days from the mailing date of the Appeal Tribunal’s decision.

Mail your appeal to:
Appellate Panel
P.O. Box 995
Columbia, S.C. 29202
Appeals are also accepted by fax, 803.737.0124.

If the appeal to the Appellate Panel is accepted and a hearing scheduled before the Panel, a notice will be mailed to the parties at least seven days before the hearing date. This hearing is limited to a review of the record and the presentation of oral or written argument. No additional testimony can be considered. “Interested parties” may appear in person or an attorney licensed to practice in South Carolina may represent them. The Appellate Panel may affirm, modify, or reverse the Appeal Tribunal decision.

 

At the request of an interested party, the Appeal Tribunal will review any administrative determination with respect to the status, liability, and applicable contributions rate and will issue an administrative ruling affirming, modifying, or reversing the status unit supervisor’s determination. The status unit supervisor’s determination becomes final within 30 days from the date of the document.

File appeals by fax at 803.737.0287 or in writing to:

Appeal Tribunal
P. O. Box 995
Columbia, SC 29202

You can also file an appeal in person at any local DEW office.

The Appeal Tribunal shall conduct its hearing in the manner the Administrative Procedures Act prescribes. The administrative hearing officer acts as the impartial presiding officer in the case and judge of all facts presented. A field deputy typically presents cases. Although the field deputy is an agency representative, the administrative hearing officer has no vested interest in the case’s outcome and remains impartial. The field deputy is, in effect, the agency’s “prosecuting entity.” An attorney licensed in the state of South Carolina must represent corporations. Other entities may represent themselves but the administrative hearing officer will ensure the case’s facts are fully developed. The Tribunal conducts the hearing as it does regular benefit cases. Note: This hearing represents your only opportunity to present evidence. The parties must ensure witnesses, documentary evidence, and other relevant information is presented on the record before the Tribunal. The Appeal Tribunal will issue and mail a decision as soon as possible to the “interested parties" address on record. The chief administrative hearing officer or designate considers postponements on a case-by-case basis at their sole discretion.

 

The law also provides for appeals from the decision of the Appellate Panel to the South Carolina Administrative Law Court. South Carolina Code §41-35-750 governs such appeals. An appeal from the Appellate Panel’s decision must be made within 30 days from the date of mailing.

The SC Administrative Law Court

Additional information on laws and regulations governing DEW