IC 22-4-17-2 — Filing; determination of status; disputed claims; hearings
Chapter 17. Claims for Benefits
Bills amending this section
Section text
Sec. 2. (a) When a claimant files an initial claim, the department shall promptly make a determination of the claimant's status as an insured worker. A notice of the determination of insured status shall be furnished to the claimant promptly. Each determination shall be based on and include a statement showing the amount of wages paid to the claimant for insured work by each employer during the claimant's base period and shall include a finding as to whether the wages meet the requirements for the claimant to be an insured worker, and, if so, the week ending date of the first week of the claimant's benefit period, the claimant's weekly benefit amount, and the maximum amount of benefits that may be paid to the claimant for weeks of unemployment in the claimant's benefit period. For the claimant who is not insured, the notice shall include the reason for the determination. The following apply in regard to the determination: (1) Unless the claimant, within fifteen (15) days after the determination was sent by the department to the claimant, asks for a hearing before an administrative law judge, the determination shall be final and benefits shall be paid or denied in accordance with the determination. (2) If a claimant asks for a wage investigation, the unemployment insurance tax division shall promptly perform an investigation to determine whether wages from insured work should be added or subtracted from the claim. A determination of the wage investigation shall be furnished to the claimant promptly upon completion. Unless the claimant, within fifteen (15) days after the determination was sent by the unemployment insurance tax division, requests an appeal to a liability administrative law judge under IC 22-4-32-1, the determination shall be final. (b) The department shall promptly furnish the claimant's last employer prior to filing of a claim and each employer in the base period whose experience or reimbursable account is potentially chargeable with benefits to be paid to the claimant with a notice of the employer's benefit liability. The notice shall contain the date, the name and Social Security account number of the claimant, the ending date of the claimant's base period, and the week ending date of the first week of the claimant's benefit period. The notice shall further contain information as to the proportion of benefits chargeable to the employer's experience or reimbursable account in ratio to the earnings of the claimant from the employer. Unless the employer within fifteen (15) days after the notice of benefit liability was sent by the department to the employer, asks for a hearing before a liability administrative law judge, the determination shall be final and benefits paid shall be charged in accordance with the determination. (c) An employing unit, including an employer, having knowledge of any facts which may affect a claimant's eligibility or right to waiting period credits or benefits, shall notify the department in the form and manner prescribed by the department of those facts within ten (10) days after the claim for benefits was sent by the department. (d) If the claimant has been separated for any of the following reasons, the employer shall notify the department of the separation circumstances in the form and manner prescribed by the department: (1) Voluntarily left the employment without good cause in connection with the work. (2) Was discharged for just cause. (3) Was discharged for gross misconduct in connection with the claimant's work. (4) Left due to the claimant's physical condition. (5) Left to accept other employment. (6) Left to enter self-employment. (e) An employer shall notify the department when the following circumstances exist with regard to a separated claimant in the form and manner prescribed by the department: (1) The claimant is entitled to: (A) vacation pay; (B) payment in lieu of vacation; (C) standby pay; or (D) wages in lieu of notice. (2) The claimant is receiving, or will receive, retirement pay. (3) There are other circumstances, of which the employer is aware, that are potentially disqualifying for claimant benefits. (f) In addition to the foregoing determination of insured status by the department, the deputy shall, throughout the benefit period, determine the claimant's eligibility with respect to each week for which the claimant claims waiting period credit or benefit rights, the validity of the claimant's claim, and the cause for which the claimant left the claimant's work, or may refer the claim to an administrative law judge who shall make the initial determination in accordance with the procedure in section 3 of this chapter. (g) In cases where the claimant's benefit eligibility or disqualification is disputed, the department shall promptly notify the claimant and the employer or employers directly involved or connected with the issue raised as to the validity of the claim, the eligibility of the claimant for waiting period credit or benefits, or the imposition of a disqualification period or penalty, or the denial of the claim, and of the cause for which the claimant left the claimant's work, of the determination and the reasons for the determination. (h) Except as otherwise provided in this section regarding parties located in Alaska, Hawaii, and Puerto Rico, unless the claimant or the employer, within fifteen (15) days after the notification required by subsection (g), was sent by the department to the claimant or the employer, asks for a hearing before an administrative law judge, the decision shall be final and benefits shall be paid or denied in accordance with the decision. (i) For a notice of disputed administrative determination or decision sent by the department to the claimant or employer either of whom is located in Alaska, Hawaii, or Puerto Rico, unless the claimant or employer, within fifteen (15) days after the notification required by subsection (g) was sent to the claimant or employer, asks for a hearing before an administrative law judge, the decision shall be final and benefits shall be paid or denied in accordance with the decision. (j) If a claimant or an employer requests a hearing under subsection (h) or (i), the request shall be filed with the department within the prescribed periods provided in this section and shall be in the form and manner prescribed by the department. The party requesting the hearing shall include with its request a copy of the determination being appealed or the identification number of the determination being appealed. In the event a hearing is requested by an employer or the department after it has been administratively determined that benefits should be allowed to a claimant, entitled benefits shall continue to be paid to the claimant unless the administrative determination has been reversed by a due process hearing. Benefits with respect to any week not in dispute shall be paid promptly regardless of any appeal. (k) A person may not participate on behalf of the department in any case in which the person is an interested party. (l) Solely on the ground of obvious administrative error appearing on the face of an original determination, and within the benefit year of the affected claims, the commissioner, or a representative authorized by the commissioner to act in the commissioner's behalf, may reconsider and direct the deputy to revise the original determination so as to correct the obvious error. Time for filing an appeal and requesting a hearing before an administrative law judge regarding the determinations handed down pursuant to this subsection shall begin on the date following the date of revision of the original determination and shall be filed with the commissioner in the form and manner prescribed by the department within the prescribed periods provided in subsection (c). (m) Notice to the employer and the claimant that the determination of the department is final if a hearing is not requested shall be prominently displayed on the notice of the determination which is sent to the employer and the claimant. (n) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made by the claimant at the time of the claim for benefits, the department shall not notify the employer of the claimant's current address or physical location. (o) All claimants who have not previously verified their identity with the department shall, prior to filing a new claim for unemployment benefits, verify their identity in the form and manner prescribed by the department. (p) No claimant will be eligible for a monetary determination of benefits without first providing the department with the claimant's Social Security number. (q) A claimant is ineligible for unemployment benefits or extended benefits unless the claimant has verified the claimant's identity in the form and manner prescribed by the department. (r) Once a valid claim has been filed by a claimant, during the benefit period established the claimant cannot cancel, withdraw, or change the time of filing of: (1) the initial claim; (2) a reopened claim; or (3) an additional claim; for any purpose, other than administrative error on the part of department staff or to backdate a combined wage claim to the effective date of a combined wage claim originally filed in another state. (s) The date listed under date sent on a determination of eligibility issued under this section is prima facie evidence that the determination was sent to the party on that date.
Formerly: Acts 1947, c.208, s.1802; Acts 1953, c.177, s.22; Acts 1955, c.317, s.10; Acts 1965, c.190, s.11; Acts 1969, c.300, s.5; Acts 1971, P.L.355, SEC.42; Acts 1972, P.L.174, SEC.2. As amended by Acts 1977, P.L.262, SEC.27; P.L.18-1987, SEC.47; P.L.135-1990, SEC.6; P.L.1-1991, SEC.152; P.L.21-1995, SEC.86; P.L.290-2001, SEC.10; P.L.189-2003, SEC.5; P.L.273-2003, SEC.5; P.L.97-2004, SEC.84; P.L.108-2006, SEC.29; P.L.175-2009, SEC.27; P.L.110-2010, SEC.31; P.L.1-2010, SEC.88; P.L.42-2011, SEC.41; P.L.154-2013, SEC.7; P.L.122-2019, SEC.29; P.L.200-2025, SEC.22; P.L.113-2026, SEC.17; P.L.121-2026, SEC.41.
Source: official publisher (2026 edition)