District Court Review of DUA DenialIf you are denied at the Board of Review stage, your next option is to file a civil complaint in a Massachusetts District Court asking for review of the decision.
This is not a step to be taken lightly- the court will give great deference to the discretion of the DUA, and will only interfere with a decision if there has been an abuse of discretion or an error of law. That said, there are situations where the DUA has gotten things wrong enough to justify a reversal of the decision, or a remand to the agency to look at your case again. This is particularly the case with pandemic unemployment denials and overpayment decisions, as the law on these claims has been somewhat in flux throughout the pandemic. At this stage, having an attorney involved, if you are able, is critical. The District Court will be making a decision based on whether the DUA correctly applied the law, which can be complex. Also there are specific court rules you must follow, which a lawyer will be familiar with. You can use the button below to contact us for a free consultation: |
If you do decide to do this step on your own, below is some information to help guide you.