In late September, two bills (S2212 and A3309) were introduced which would provide that if a claimant appeals an unemployment determination and no decision is made within 60 days, he or she would be paid any benefits withheld while waiting for the appeal determination. If the benefits are ultimately denied or the amount the claimant is receiving is modified, the impact of the denial or modification would only be effective from the date of the determination going forward. In other words, the claimant would not have to repay any of the benefits paid while waiting for the appeal decision to be made (unless, per S2212 but not A3309, the claim was denied because it was made fraudulently).

Note: This article was published in the October 2012 issue of the New Jersey eAuthority.