Appealing Unemployment
S.C. Code 41-35-660 and S.C. Code 41-35-680 — ten days to appeal, a hearing on seven days' notice, then ten days more to the Appellate Panel
Ten days. The claimant, or the last employer or one whose account is affected, may appeal an initial determination or redetermination not later than ten days after it was mailed to the last known address. A party may instead ask for reconsideration within the same ten days.
An appeal tribunal gives the parties a fair hearing on notice of not less than seven days, and affirms, modifies or reverses within thirty days of the hearing, with its reasons. That is the department's final decision unless a further appeal is started within ten days after it is mailed.
The further appeal goes to the Department of Employment and Workforce Appellate Panel, which must permit it, and may affirm, modify or set aside the tribunal's decision on the evidence or take more.
Thirty days to the Administrative Law Court. Within thirty days from the mailing of the department's decision, a party may seek review in the Administrative Law Court. The department's findings of fact, if supported by evidence and absent fraud, are conclusive there, and the court decides questions of law. No bond is required.
Where a tribunal affirms a decision allowing benefits, benefits already paid are generally not recovered from the claimant even if a later appeal reverses it. A particular appeal is a question for the department or a licensed South Carolina attorney.
Sources for this section (5)
- S.C. Code 41-35-640 — Reconsideration of determinations
- S.C. Code 41-35-660 — Unemployment appeals
- S.C. Code 41-35-680 — Decision on appeal
- S.C. Code 41-35-710 — Appellate Panel review of appeal tribunal decision
- S.C. Code 41-35-750 — Procedure to obtain review
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.