Mississippi Code

Miss. Code Ann. § 71-5-517 (2026)

[Repealed effective 7/1/2027] Initial determination

✓ current as of July 2026

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Upon the taking of a claim by the department, an initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration of benefits. In any case in which the payment or denial of benefits will be determined by the provisions of subsection A(4) of Section 71-5-513, the examiner shall promptly transmit all the evidence with respect to that subsection to the department, which, on the basis of evidence so submitted and such additional evidence as it may require, shall make an initial determination with respect thereto. An initial determination may for good cause be reconsidered. The claimant, his most recent employing unit and all employers whose experience-rating record would be charged with benefits pursuant to such determination shall be promptly notified of such initial determination or any amended initial determination and the reason therefor. Benefits shall be denied or, if the claimant is otherwise eligible, promptly paid in accordance with the initial determination or amended initial determination. The jurisdiction of the department over benefit claims which have not been appealed shall be continuous. The claimant or any party to the initial determination or amended initial determination may file an appeal from such initial determination or amended initial determination within fourteen (14) days after notification thereof, or after the date such notification was sent to his last known address.

Notwithstanding any other provision of this section, benefits shall be paid promptly in accordance with a determination or redetermination, or the decision of an appeal tribunal, the Board of Review or a reviewing court upon the issuance of such determination, redetermination or decision in favor of the claimant (regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review, as the case may be, or the pendency of any such application, filing or petition), unless and until such determination, redetermination or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied in accordance with such modifying or reversing redetermination or decision. Any benefits finally determined to have been erroneously paid may be set up as an overpayment to the claimant and must be liquidated before any future benefits can be paid to the claimant. If, subsequent to such initial determination or amended initial determination, benefits with respect to any week for which a claim has been filed are denied for reasons other than matters included in the initial determination or amended initial determination, the claimant shall be promptly notified of the denial and the reason therefor and may appeal therefrom in accordance with the procedure herein described for appeals from initial determination or amended initial determination.

Codes, 1942, § 7381; Laws, 1940, ch. 295; Laws, 1958, ch. 533, § 4b; Laws, 1964, ch. 442, § 1b; Laws, 1972, ch. 375, § 1; Laws, 1977, ch. 352; Laws, 1986, ch. 316, § 3; Laws, 2004, ch. 572, § 40; Laws, 2007, ch. 606, § 15; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 40; reenacted without change, Laws, 2010, ch. 559, § 40; reenacted without change, Laws, 2011, ch. 471, § 41; reenacted without change, Laws, 2012, ch. 515, § 41, eff. 7/1/2012.

Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 42, eff. 4/17/2023.

Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.

Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 40, eff. 4/3/2019.

Notes of Decisions

Cited in 18 cases, 1995–2014 · leading case: MDES v. Good Samaritan Pers. Servs., Inc., 996 So. 2d 809 (Miss. Ct. App. 2008).

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MDES v. Good Samaritan Pers. Servs., Inc., 996 So. 2d 809 (Miss. Ct. App. 2008). · cites it 2× “It provides, in pertinent part, to wit: "The claimant or any party to the initial determination or amended initial determination may file an appeal from such initial determination or amended initial determination within fourteen (14) days after notification thereof, or after the…”

Brown v. Miss. Dept. of Emp. Sec., 29 So. 3d 766 (Miss. 2010). · cites it 3× “Miss. Code Ann. § 71-5-517 (Rev.2000). This fourteen-day period is to be strictly construed.”

Est. of Dulaney v. MESC, 805 So. 2d 643 (Miss. Ct. App. 2002). “Miss. Code Ann. § 71-5-517 (Rev.2000). It is of no legal consequence that Thomas did not appear at the hearing.”

Caraway v. Miss. Emp. Sec. Com'n, 826 So. 2d 100 (Miss. Ct. App. 2002). · cites it 2× “Miss.Code Ann. § 71-5-517 (Rev.2000). A & B was given fourteen days in which to request reconsideration of the Commission's decision or file a notice of appeal.”

Cerrato v. Miss. Emp. Sec. Com'n, 968 So. 2d 957 (Miss. Ct. App. 2007). · cites it 2× “" Miss.Code Ann. § 71-5-517 (Supp.2007); Wilkerson v.”

Holt v. Mississippi Emp. Sec. Com'n, 724 So. 2d 466 (Miss. Ct. App. 1998). “Miss.Code Ann. § 71-5-519 (Rev.1995). It merely says that appeal must be within fourteen days "after the notification or mailing of such decision," without referring to the last-known address.”

MESC v. Powell, 787 So. 2d 1277 (Miss. 2001). “This Court applied Miss.Code Ann. § 71-5-517 (1995) and held that an appeal filed one day late was untimely and stated the specified time period "must be strictly construed.”

Cummings v. Miss. Dept. of Emp. Sec., 980 So. 2d 340 (Miss. Ct. App. 2008). “1994), of the similar statutory deadline found in Miss.Code Ann. § 71-5-517 (Supp.2004). There, the court held that an appeal is untimely when filed one day after the deadline, noting in dicta that the time period specified in statute "must be strictly construed" and cannot be…”

Herring Gas Co. v. Mississippi Emp. Sec. Comm'n, 944 So. 2d 943 (Miss. Ct. App. 2006). · cites it 2× “Miss.Code Ann. § 71-5-517 (Supp.2006) (emphasis added).”

Eddie J. Davis v. Mississippi Dep't of Emp. Sec., 147 So. 3d 385 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 71-5-517 (Rev. 2011). ¶ 3.”

Brown v. Mississippi Dep't of Emp. Sec., 29 So. 3d 766 (Miss. 2010). · cites it 3× “Miss. Code Ann. § 71-5-517 (Rev.2000). This fourteen-day period is to be strictly construed.”

Jones v. Mississippi Emp. Sec. Comm'n, 648 So. 2d 1138 (Miss. 1995). “Even when read together with Miss.Code Ann. § 71-5-517 (1989), the statutes fail to provide even an implicit basis for recoupment.”

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