Monday, January 4, 2010


I am posting this again and this applies to any type of litigation - contact an attorney early and be prepared. This morning, I received several calls from Claimants who have hearings coming up in the next few days, and yet, did not have any of the information needed to even discuss their case. If you wait until the last moment, if you do not keep records, then my recommendation is to ask for an adjournment so that you can get counsel and have that counsel be adequately prepared. If you are able to get someone who will represent you but will not have the time to review the case and research the issues, then in my opinion, you will not be adequately represented. Even the Appeals Board, in their List of Organizations, Attorneys & Registered Representatives, state "You can either represent yourself or seek representation, but if you are securing counsel:
Do NOT wait for a hearing date to contact an attorney". There is much at stake at these hearings - the right to receive your benefits - and you are trying to convince an administrative law judge that you are entitled to benefits, notwithstanding the position of the Department of Labor and/or your employer, as the case may be. This type of work takes preparation. This is also from the Appeals Board website:

"Can the hearing be adjourned (delayed)?

Yes, the hearing can be adjourned but only if the judge decides there is good reason under the law for it. Call, fax or mail your request for adjournment to the Administrative Law Judge Section as soon as you know you want it. Give the reason why you can’t come to the hearing. You should get an answer: yes or no. If you don’t get an answer, you should come to the hearing."

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