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Appeals case age and determination quality performance criteria

Summary ETA set performance criteria for the average age of pending unemployment appeals: 30 days for lower authority and 40 days for higher authority, measured at the performance year end. It also clarified nonmonetary determination quality review and reminded states that existing appeals promptness regulations still apply. ETA lists the change as Active.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 14-05, Change 3
Date issued
April 16, 2008
Status
Active
ETA lists this change Active as of 2026-10-24 and its PDF prints “Continuing.” Its attachments include updated measures; the linked Attachment B PDF states that no Attachment B exists.
Status last verified October 24, 2026

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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
UIPL14-05_Ch3_508.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL14-05_Ch3_508.pdf)

                                                  CLASSIFICATION
        EMPLOYMENT AND TRAINING                   UI Performs
     ADMINISTRATION ADVISORY SYSTEM               CORRESPONDENCE SYMBOL
        U.S. DEPARTMENT OF LABOR                  OWS/DPM
             Washington, D.C. 20210               DATE
                                                  April 16, 2008

ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 14-05,
          CHANGE 3

TO:             STATE WORKFORCE AGENCIES

FROM:           BRENT R. ORRELL /s/
                Acting Assistant Secretary

SUBJECT:        Acceptable Levels of Performance (ALP) Criteria for Appeals Case Aging
                Measures and Nonmonetary Determination Quality Review

1.    Purpose. To inform states of the acceptable levels of performance criteria for the
      average age of pending lower and higher authority appeals core measures, to
      update the current minimum passing score for nonmonetary cases and the sampling
      rules for the measure of nonmonetary determinations quality. This is also to remind
      states that the regulatory requirements remain in effect for lower authority appeals
      promptness.

2.    References. 20 CFR 650.4(b); UIPL No. 14-05, Changes to UI Performs, dated
      February 18, 2005; UIPL No. 14-05, Change 1, Performance Criterion for the
      Overpayment Detection Method; Clarification of Appeals Timeliness Measures; and
      Implementation of Tax Quality Measure Corrective Action Plans (CAPs), dated
      October 12, 2005; UIPL No. 14-05, Change 2, Performance Criteria for Appeals Case
      Aging Measures and the Starting Date for Measuring Nonmonetary Determinations
      Time Lapse; Handbook 301, 5th Edition – UI Performs: Benefits Timeliness and
      Quality (BTQ) Nonmonetary Determinations Quality Review, Revised July, 2005;
      and ET Handbook 401, 4th Edition.

3.    Background. UIPL No. 14-05 and UIPL 14-05, Changes 1 and 2, described changes
      to the UI Performs performance management system, some of which required
      additional data collection and analysis. At the time of these issuances, the ALPs for
      the average age of pending appeals for both lower authority appeals and higher
      authority appeals were deferred until sufficient data had been collected. States were
      advised of the instructions for the data collection in Handbook 401, Change 13,
      dated April 18, 2005. States were also advised to begin reporting the new data
      elements for the month of June 2005. In UIPL No. 14-05, Change 2, states were
  RESCISSIONS                                EXPIRATION DATE
  None                                       Continuing



     requested to review and comment on the proposed case aging ALPs for lower
     authority and higher authority appeals. All states have successfully reported data
     on the average age of both lower and higher authority appeals for at least 12
     months.

4.   Highlights of the Comments. Sixteen states responded, and most addressed both
     lower authority and higher authority appeals in their comments. The comments fell
     into several categories: overall support or opposition, the level of performance that
     has been proposed, the measurement itself, effective date, quality concerns, and
     alternative measures. Although comments received about specific aspects were
     mixed, states’ comments were generally favorable regarding a case aging measure
     for lower authority and higher authority appeals. Overall nine states support the
     measure, and two states oppose it. One state offered support for the measure for
     lower authority and opposition for higher authority; support or opposition was not
     expressed by four states.

     The proposals that generated the most comments are discussed briefly below along
     with the Department of Labor’s (DOL) responses. See Attachment A, for specific
     comments and DOL’s response. All comments were considered in making the final
     changes to the case aging ALP.

     a. Acceptable Average Age. Of the 16 states responding, eight states commented on
        the 30 day ALP for lower authority appeals case aging. Four states generally
        regarded the proposed criterion as achievable; three states wanted an increase in
        the number of days for lower authority. One state suggested setting the criterion
        at fewer than 30 days.

        The proposed 40 day average age criterion for higher authority appeals was of
        more concern to the commentators. Eight states believe that the higher authority
        appeals case aging ALP should be less stringent. Suggestions for a change to the
        number of days ranged from “greater than 40” to a maximum of 60 days.

        DOL Response: One of the cornerstones of the unemployment insurance system
        is promptness. Appeals should be scheduled as quickly as administratively
        possible. Delays in processing appeals may cause hardship for the parties and
        can lead to overpayments.

        The data indicate that most states can meet the ALPs that have been set. For
        calendar year 2007, the national average age for pending lower authority cases
        was 39.4 days. This national average age is inflated by four states where the
        average age exceeds 50 days. Most states, however, dispose of appeals more
        quickly. The average age of pending lower authority appeals in 36 states was 30
        or fewer days, and the average age in 15 of those states was fewer than 20 days.




        Processing time for higher authority appeals is longer than for lower authority
        appeals. For calendar year 2007, the national average age for pending cases was
        61.4 days. This reflects very high average ages in three states. However, in 30
        states the average age of higher authority appeals was 38 or fewer days, and the
        average age of appeals in 11 of those states was under 20 days.

        To view the state rankings of core measures, visit DOL’s Web site at:
        http://ows.doleta.gov/unemploy/ranking.asp

     b. Alternative Measure. Six states commented that there should be an alternative
        measure. Some suggested that a sliding scale be developed taking into account
        caseload, resource limitations and economic conditions. Other states wanted
        these variables as part of the measurement, with one state calling for a multiple
        regression model. Another state suggested a two-step measure, with two
        standards being established depending on the administrative rules of the state.

        DOL Response: In order to ensure comparability across states and to afford
        claimants in all states the same expectation of timely disposition of their appeals,
        a single ALP for case aging has been implemented for this measure.

     c. Effective Date. Two states wanted the effective date of the measure
        reconsidered. Both states thought that April 1, 2007, was too soon and more
        discussion on the proposed measurement was necessary.

        DOL Response: The effective date of the measure was changed to April 1, 2008, to
        provide states more time to develop the necessary systems for collecting and
        reporting the required data.

5.   Average Age of Pending Lower Authority and Higher Authority Appeals. UIPL
     No. 14-05, defines the new Core Measure for lower and higher authority appeals --
     Average Age of Pending Appeals, as the average number of days unresolved single
     claimant cases are pending. Because the measurement methodology was new, ETA
     deferred setting acceptable levels of performance until data for the measure could be
     assessed. The full definition and the ALPs for the measure are presented below:

     a. Measurement. The measure is the average age of all pending single-claimant
        appeals at the end of the measurement period. Lower authority appeals and
        higher authority appeals are each measured using the following methodology.

             •   The average age of unresolved cases is calculated by first determining
                 the number of days each unresolved appeals case has been pending.



             •   Next, the total number of days for all unresolved cases is obtained by
                 summing the ages of the pending cases.
             •   Finally, the total number of days is divided by the number of unresolved
                 cases to produce the average case age.

             For example, if a state had 500 cases unresolved on the last day of the
             month, and 150 were five days old, 200 were 20 days old, 50 were 35 days
             old, and 100 were 210 days old, the sum of the number of days pending
             would be 750+4,000+1,750+21,000 for a total of 27,500 days. 27,500/500 =55
             days average age.

     b. Acceptable Level of Performance. The ALPs for the average age of appeals are:
        • Lower Authority Appeals:      30 days
        • Higher Authority Appeals:     40 days

        To determine whether the ALPs have been met, the average age of pending
        appeals will be measured as of March 31, the last day of the performance year.
        Using the average as of March 31, avoids the possibility of good performance in
        the early part of the twelve month period masking poor performance late in the
        period. It also avoids the need for corrective action plans (CAPs) if poor
        performance in the early part of the year has been remedied by the end of the
        period.

     c. Implementation Date. The ALPs for the lower authority appeals and higher
        authority appeals case aging measures are effective for Performance Year 2009
        (April 1, 2008 – March 31, 2009) and thereafter. States that do not meet the ALPs
        for this period will be expected to submit CAPs with their Performance Year 2010
        State Quality Service Plan (SQSP).

6.   Regulatory Requirements for Appeals Promptness. The regulatory requirements
     for lower authority appeals promptness are found in 20 CFR Part 650.4(b). These
     requirements remain in effect, and failure to meet them will require corrective
     action. These requirements are:

        60% of Lower Authority Appeals decided within 30 Days of Filing
        80% of Lower Authority Appeals decided within 45 Days of Filing

7.   Nonmonetary Determination Quality Review. As part of the review of UI
     Performs, DOL convened a federal/state workgroup to study and recommend
     changes to the Benefits Timeliness and Quality (BTQ) nonmonetary determination
     quality review. DOL issued a revised BTQ nonmonetary determinations review
     handbook (Handbook 301, 5th Edition) July 29, 2005, to include changes resulting
     from the study. To assure consistency, the descriptions of Core Measure No. 5,



      “Nonmonetary Determination Quality: Separation Issues” and Core Measure No 6,
      “Nonmonetary Determinations Quality: Nonseparation Issues” in attachment C to
      UIPL No. 14-05 have been modified to clarify the minimum passing score for each
      case in the quality review, and provide instructions for assuring an adequate sample
      size when case materials cannot be found.

    8.   Action. State Administrators are requested to:

      a. Distribute this document to all appropriate SWA staff.

      b. In UIPL No. 14-05, replace Core Measures: Page 5 “Nonmonetary
         Determinations Quality: Separation Issues,” Core Measures: Page 6
         “Nonmonetary Determinations Quality: Nonseparation Issues,” Core Measures:
         Page 8 “Average Age of Pending Lower Authority Appeals,” and Page 9
         “Average Age of Pending Higher Authority Appeals” in Attachment C with the
         attached Core Measures pages.

    9.   Inquiries. Direct inquiries to the appropriate regional office.

10.   Attachments.

      Attachment A - Comments on the Proposed Acceptable Level of Performance for
      Appeals Case Aging Measures.

      Note - There is no attachment B to this UIPL No 14-05, Change 3

      Attachment C - UIPL No. 14-05 contained an Attachment C, Core Measures. Below
      are replacement pages to Attachment C of UIPL No. 14-05, dated February 15, 2005:
                                        - Page 5 Nonmonetary Determinations Quality: Separation Issues
                                        - Page 6 Nonmonetary Determinations Quality: Nonseparation Issues
                                        - Page 8 Average Age of Pending Lower Authority Appeals
                                        - Page 9 Average Age of Pending Higher Authority Appeals

UIPL14-05_ch3_attachA.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL14-05_ch3_attachA.pdf)

                                                                                  Attachment A

Comments on the Proposed Acceptable Level of Performance for Appeals Case Aging Measures


#   Issue            Comment                                       DOL Response

1   Acceptable       Several states commented on the level of      One of the hallmarks of the
    Average Age      the acceptable average age, for both lower    unemployment insurance system
                     authority appeals and higher authority        is timeliness. Parties deserve
                     appeals. Regarding the measure for            timely determinations and
                     lower authority appeals the comments          appeals. Delays in processing
                     ranged from being achievable but              claims or appeals may cause
                     difficult, to too high and too low.           hardships for the parties when
                                                                   they are most in need.
                     Three states wanted the measure for
                     lower authority changed. One state            A review of states statistics show
                     suggested 35 or 40 days as acceptable,        38 states achieving the measure
                     while another recommended 40 days.            for lower authority and 34 states
                     One state wanted a change on the upper        for higher authority in April, 2007.
                     limits of acceptable, while another
                     thought that the level was too low.

                     Similar comments were made regarding
                     the level of acceptable average age in
                     higher authority. The acceptable average
                     age for higher authority appeals was a
                     greater concern than for lower authority.
                     One state proposed 50 days, while
                     another thought 58 days was more
                     appropriate. Two states suggested a 60
                     day acceptable average age; while two
                     others thought that the average age
                     needed to be raised but did not offer a
                     suggestion.

2   Measure          Three states suggested that quantifiers be    There has been concern for several
                     used with the measure. One state              years that the timeliness measure
                     proposed additional variables including       was not adequately addressed in
                     population, economic base, annual             the Secretary’s standards for time
                     caseload, unemployment rate, decision-        lapse.
                     making tribunals and other procedural
                     safeguards be part of the measure.            States need to move towards the
                                                                   first in, first out concept regarding
                     Another state suggested a sliding scale       the appeals caseload.
                     based on UI rate, number of annual
                     dispositions, or some other figure that
                     would determine the relative capacity of
                     the state’s ability to hear the cases.




                                                                                    Attachment A

Comments on the Proposed Acceptable Level of Performance for Appeals Case Aging Measures


#   Issue            Comment                                         DOL Response

2   Measure          One state commented that a multiple             Allowing more than age in the
                     regression model should be developed            formula for the measure would
                     for the measure.                                lead to confounding the data and
                                                                     more errors regarding the
                     One state advocated for a flexible              measurement.
                     measure that would consider workload
                     fluctuations.                                   Additional variables could
                                                                     confound the measure with
                     Another state suggested that the measure        extraneous information that does
                     be developed to take into account for the       not impact the ability to hear cases
                     time that the appeals authority actually        timely.
                     has to hear a case.
                                                                     Multiple variables in the measure
                     Three states commented that the                 would also hinder the analysis
                     proposed measure disadvantages states           that could be performed.
                     with high workloads.
                                                                     The simplicity of the proposed
                     Five states expressed concern that              measure allows a common ground
                     meeting the measure would be difficult          for all states and allows for better
                     because of the state’s criteria set in law or   comparisons across regions and
                     statute that require cases to be held for a     states.
                     given number of days, or require a certain
                     number of days before a response may be
                     given.

                     Three states were concerned that the
                     measure was developed in good
                     economic times.

3   Effective Date   Two states requested a reconsideration of       The formal implementation of the
    of Measure       the April 1, 2007 effective date for the        measure will occur on April 1,
                     measure. The states thought that more           2008.
                     discussion on the proposed measurement
                     was necessary.
4   Quality          Two states are concerned about the              It has been established that
    Concerns         quality of the process. The states believe      backlog of cases not the time to
                     if the effort is centered on doing cases        hear them impacts the quality of
                     fast, the integrity of the system would be      the hearing. States that have case
                     compromised and quality would suffer.           backlogs are more likely to have
                                                                     dips in quality than those states
                                                                     that do not have sizeable backlogs.





                                                                                  Attachment A

Comments on the Proposed Acceptable Level of Performance for Appeals Case Aging Measures


#   Issue            Comment                                       DOL Response

4   Quality          Another state commented that due              It is important to preserve the due
    Concerns         process would be compromised if there         process of the parties within the
                     was not sufficient time to follow the         confines of the measures. States
                     procedures in regulation in some states to    consistently apply due process to
                     ensure due process protections.               the appeals procedures.
5   Alternative      Two states were concerned that the            A median is a measure of the
    Measure          measurement was not correct. One state        midpoint of data, while a mean is
                     commented that the median rather than         the average of the data. A median
                     the mean should be used.                      measure does not capture the data
                                                                   that is necessary to determine the
                     One state proposed a two-tier measure         length of time cases are pending.
                     because of their regulatory requirement
                     for a hearing of right.                       It would be difficult to compare
                                                                   states and regions with the
                                                                   additional factors to be
                                                                   considered.

6   One Time         One state was concerned that a one-time       A point in time measurement
    Measurement      only measurement taken in the last day of     gives the snapshot of where the
                     the performance year would not yield an       state is on timeliness. This does
                     accurate measure of the state’s               not preclude the SWA from taking
                     performance. The state suggested that         additional measures to determine
                     the measurement be taken periodically         where they are in their timeliness.
                     (e.g. monthly or quarterly) and the           An average of several measures is
                     measure becomes the average of these          less reliable for how timely the
                     multiple measurements.                        hearing process is.
7   Other            Two states were concerned about how the       The measure has been introduced
                     measure had been vetted.                      and discussed in various formats
                                                                   on many occasions since the mid-
                     One state commented that the                  1990s.
                     requirement to submit a corrective action
                     plan for failure to meet the ALP may be
                     compromised by the provisions of the
                     Bankruptcy Code and the
                     Servicemembers Civil Relief Act, which
                     expressly provide for a stay of
                     proceedings, such as unemployment
                     appeals under certain circumstances.

UIPL14-05_ch3_attachB.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL14-05_ch3_attachB.pdf)

There is no attachment B to UIPL 14-05, Change 3.

UIPL14-05_ch3_attachC.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL14-05_ch3_attachC.pdf)

                                                                     Attachment C
                              Core Measures

        5. Nonmonetary Determinations Quality: Separation Issues

Measure:             Assessment of the quality of nonmonetary determinations
                     dealing with separation issues.

Change:              The passing score for each case must be 95 points or higher.
                     States must increase the sample size in subsequent quarters to
                     make up for instances of “case material not found.”

Data Source:         Universe of nonmonetary determinations completed on
                     separation issues within the calendar quarter being reviewed.

Computation and      Quarterly random sample of 30 or 50 separation
Criterion:           determinations drawn from the universe. Sample size is
                     determined by the number of nonmonetary determinations
                     completed in the previous calendar year. Sample size is
                     increased in the subsequent quarter by the same number of any
                     instances of “case material not found.” 75% of the cases must
                     score 95 points or higher. Invalid cases, those out of the scope
                     of the review, and those for which no documentation is found
                     are not scored, and must not exceed set thresholds for scores to
                     be considered representative of the quality of the state’s
                     nonmonetary determinations.

Reporting:           Scoring uses a data collection instrument; the elements are
                     entered into the ETA 9056 report for each scored case. The
                     ETA 9056 transmission report will automatically apply the
                     sample validity tests and produce the unweighted quality score
                     when the state transmits the sample results to the National
                     Office. Annually, the National Office will report a quality score
                     weighted by the numbers of separation and nonseparation
                     determinations in the sample universe for each state.
Reporting
Categories:          None

Reporting
Frequency:           Quarterly




                                                                        Revised 2007

                                                                    Attachment C
                             Core Measures

        6. Nonmonetary Determinations Quality: Nonseparation Issues

Measure:            Assessment of the quality of nonmonetary determinations
                    dealing with nonseparation issues.

Change:             The passing score for each case must be 95 points or higher.
                    States must increase the sample size in subsequent quarters to
                    make up for instances of “case material not found.”

Data Source:        Universe of nonmonetary determinations completed on
                    nonseparation issues within the calendar quarter being
                    reviewed.

Computation and     Quarterly random sample of 30 or 50 nonseparation
Criterion:          determinations drawn from the universe. Sample size is
                    determined by the number of nonmonetary determinations
                    completed in the previous calendar year. Sample size is
                    increased in the subsequent quarter by the same number of any
                    instances of “case material not found.” 75% of the cases must
                    score 95 points or higher. Invalid cases, those out of the scope
                    of the review, and those for which no documentation is found
                    are not scored, and must not exceed set thresholds for scores to
                    be considered representative of the quality of the state’s
                    nonmonetary determinations.

Reporting:          Scoring uses a data collection instrument; the elements are
                    entered into the ETA 9056 report for each scored case. The
                    ETA 9056 transmission report will automatically apply the
                    sample validity tests and produce the unweighted quality score
                    when the state transmits the sample results to the National
                    Office. Annually, the National Office will report a quality score
                    weighted by the numbers of separation and nonseparation
                    determinations in the sample universe for each state.
Reporting
Categories:         None

Reporting
Frequency:          Quarterly




                                                                       Revised 2007

                                                                    Attachment C
                              Core Measures


8. Average Age of Pending Lower Authority Appeals

Measure:            The mean and median of all pending single-claimant Lower
                    Authority Appeals.

Change:             This measure is new in UI Performs. It takes the age of all
                    pending single-claimant appeals into account and allows
                    prediction of and planning for future performance.

Data Source:        Universe of pending single-claimant Lower Authority Appeals,
                    ETA 9055.

Computation and     At the close of business on the last day of each month, access
Criterion:          the universe of pending single-claimant Lower Authority
                    Appeals. Determine actual age of each pending single-
                    claimant Lower Authority Appeal by counting days elapsed
                    from the date of filing to the date of count. Sum actual age in
                    days of all pending single-claimant Lower Authority Appeals
                    and divide by the total number of pending Lower Authority
                    Appeals to arrive at the average age.

                    Determine the median age of all pending single-claimant lower
                    authority appeals using the following formula.
                    If all of the pending appeals cases (lower or higher authority)
                    are ranked from the lowest to the highest age, the median is the
                    age of the case at the midpoint of the ranked cases. If there is
                    an odd number of cases (n), the median is the age of the
                    [(n+1)/2] th case. If there is an even number of cases (n), the
                    median is the value midway between the age of the (n/2) th case
                    and the [(n/2)+1] th case.

                    The ALP for the Average Age of Pending Lower Authority
                    Appeals will be based on the mean measure and is set at 30 or
                    fewer days. State Workforce Agencies are to continue to
                    submit median data to assist in the data analysis. The ALP will
                    be measured on March 31 of the Performance Year.

Reporting:          Report the average age and median age as determined by the
                    above computations.
Reporting
Categories:         None

Reporting
Frequency:          Monthly




                                                                       Revised 2007

                                                                     Attachment C
                               Core Measures

        9. Average Age of Pending Higher Authority Appeals.

Measure:             The mean and median of all pending single-claimant Higher
                     Authority Appeals.

Change:              This measure is new in UI Performs. It takes the age of all
                     single-claimant pending appeals into account and allows
                     prediction of and planning for future performance.

Data Source:         Universe of pending single-claimant Higher Authority
                     Appeals, ETA 9055.

Computation and      At the close of business on the last day of each month, access
Criterion:           the universe of pending single-claimant Higher Authority
                     Appeals. Determine actual age of each pending single-
                     claimant Higher Authority Appeal by counting days elapsed
                     from the date of filing to the date of count.

                     Sum actual age in days of all pending single-claimant Higher
                     Authority Appeals and divide by the total number of pending
                     single-claimant Higher Authority Appeals to arrive at the
                     average age.

                     Determine the median age of all pending single-claimant
                     higher authority appeals using the following formula.
                     If all of the pending appeals cases (lower or higher authority)
                     are ranked from the lowest to the highest age, the median is the
                     age of the case at the midpoint of the ranked cases. If there is
                     an odd number of cases (n), the median is the age of the
                     [(n+1)/2] th case. If there is an even number of cases (n), the
                     median is the value midway between the age of the (n/2) th case
                     and the [(n/2)+1]th case.

                     The ALP for the Average Age of Pending Higher Authority
                     Appeals will be based on the mean measure and is set at 40 or
                     fewer days. State Workforce Agencies are to continue to
                     submit median data to assist in the data analysis. The ALP will
                     be measured on March 31 of the Performance Year.

Reporting:           Report the average age and median age as determined by the
                     above computations.
Reporting
Categories:          None

Reporting
Frequency:           Monthly



                                                                        Revised 2007

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