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Claims Administration
Claims Administration
| CLAIMS ADMINISTRATON |
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Claims Control In order to protect your State Unemployment Account, all claims must be processed with the State with an accurate account of the reason for separation from your employment. This Protest must be expressed in such a fashion as to rebut any statements made by your past employee to the State claims examiner. It is for this reason that Separation Reporting Procedures are designed to allow Tax Management Services to maintain a history on your past employees and respond directly to the State within the statutory time limits prescribed by law. A late response will mean that your Unemployment Account will automatically be charged with unwarranted benefit charges, you lose your right to protest and you lose your right to appeal any unfavorable determinations. It should also be noted that we are able to handle claims in all 50 states. This is important since our society is very mobile and Federal law requires reciprocity amongst the states. That means that an individual can move to another state and file a claim against your company. Whether your home state or the agent state’s laws prevail is based on the variability of where wages are earned. The Appeal Process State laws make provisions for an employer or claimant to request further review of a claim by filing an Appeal. A Referee or Administrative Law Judge who will determine the claimant’s entitlement to benefits, if filed within the prescribed time period, will hear the appeal. First-hand, eyewitness testimony and documentation will be necessary to substantiate the allegation of protest to the initial claim. A Board of Review is available in most states to test the referee’s decision as it relates to the application of law and evidence presented at the Appeal Hearing. In most cases TMS can file appeals for you. When the law requires direct communication by the employer, you will be advised of what action to take. Although direct participation by anyone but the employer may be limited, you will be counseled on your participation at the hearing. In those cases requiring additional assistance, attorneys will be available to you at a moderate fee. Benefit Charge Audit Upon issuance by the State of the Benefit Charge Statement all claims being charged to your account will be audited to insure validity. Although the frequency of error will vary from state to state, all states inadvertently charge employer’s accounts with erroneous benefit charges. Whether these erroneous and unwarranted charges appear as a result of fraud, overcharge or failure of the State to apply the non-charging provisions of their statutes, all charges determined to be in error will be appealed and follow-up measures taken to insure the receipt of the appropriate credits to your account. Notification of these credits will be brought to the attention of your management. |
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