Employers Redetermination / Appeal FAQs

Effective July 01, 2025

When unemployment insurance claims are submitted to Department of Labor & Industry’s Unemployment Insurance (UI) Division, UI claims processing staff make an initial determination of eligibility. Customers receive a “Notice of Determination” determining whether the issue is approved or denied.

Previously, when a party disputed the initial determination, the issue would be reconsidered by UI claims processing staff through a redetermination process. In the event the redetermination did not change the initial decision, customers could then request an appeal through the Office of Administrative Hearings (OAH).

Starting July 1, 2025, parties will have the option to request either a redetermination by UI Claims Processing staff or may pursue an appeal with OAH. The following provides additional details on the process and what it means to initiate a redetermination or appeal.

If you need further information or clarification, contact UI claims processing staff at (406) 444-2545.
  • A redetermination requires you to provide new evidence to UI or information about your situation. It is your opportunity to submit something new that may change the outcome. An appeal offers the opportunity for a hearing before a neutral Appeals Referee at the Office of Administrative Hearings (OAH). There, a referee will review the claim file and make a new decision about the issue.

  • An appeal hearing allows both parties to present their case and to ask questions. Although the Hearing Officers are employed by the Montana Department of Labor & Industry, they are independent of the UI Division. They are required by law to provide fair and impartial hearings.

    For additional details, see “What happens during an appeal to OAH?” in this FAQ.

  • Yes. A redetermination is processed by UI staff. If you continue to disagree with a redetermination, you may request an appeal.
  • No. While you can appeal from OAH to the Unemployment Insurance Appeals Board (UIAB), you may not request a redetermination after the appeal.

  • After OAH receives the appeal, it will schedule the hearing as soon as possible, assemble the hearing file and prepare a Notice of Hearing. A copy of the hearing file and the Notice of Hearing is sent to all interested parties (claimant, employer, and any others). This is called the “hearing packet” and it is very important that you review all the materials. The case number will appear in the Notice of Hearing sent to you. If your address changes while you are a party to an appeal, you should immediately notify OAH and the UI Division. A party failing to do so may not receive important correspondence about the appeal.

    All Hearings are recorded and will be conducted by the Appeals Referee. Statements are taken under oath. The Appeals Referee will issue a decision based on the evidence presented.

    Hearings are informal. Legal representation is not required. Arrangements can be made for the hearing-impaired or if other accommodation is needed.

    For more information on the hearings process, please visit the OAH website. There you can find an informational video on how to prepare your case and what to expect during your hearing.

    • We have new witness statements related to the separation.
    • We have additional information from a completed investigation.
    • I have no new information but disagree with the decision.
    • Incorrect information was given by another party.
    • A redetermination may impact your claim faster if you provide information demonstrating you have overcome a barrier to eligibility.
    • An appeal is a formal process before a neutral Appeals Referee. If the issue is a separation, the other party is invited to attend. On average an appeal takes longer.

  • If you disagree with the decision of the Appeals Referee, you can appeal to the Montana Unemployment Insurance Appeals Board (UIAB). Follow the instructions for requesting a UIAB appeal contained within the OAH decision.

    If you are a claimant, continue to file weekly payment requests while you remain unemployed. Benefits are only considered for weeks that are filed.