Friday, February 5, 2010

UNEMPLOYMENT INSURANCE - TIMELINESS OF REQUEST FOR HEARING

This is from the NYS Department of Labor website and a recent consultation revealed that they are strict with this statutory limitation of 30 days:

"Q: How do I request a hearing?

A: You may request a hearing on any determination affecting your rights to benefits by writing a letter to NYS Department of Labor, P.O. Box 15131, Albany, NY 12212-5131The request must be postmarked or otherwise proven to have been filed within 30 days after the mailing or personal delivery of the determination. Absent proof to the contrary, a determination shall be deemed to have been mailed on the date recited on it and received by a party to whom it is addressed no later than five business days after the date on which it is mailed. Make sure you include your Social Security number on your hearing request and the reasons you disagree with the determination. You will be notified of the date, time and place of the hearing by the Administrative Law Judge section after your request has been processed.

To protect your rights, you must continue to claim weekly benefits for any week in which you are unemployed. Claim your weekly unemployment benefits online using WEB-SERVICE. You may also use a touch-tone telephone or a telephone with a pulse/tone switch by calling TEL-SERVICE at 1-888-581-5812 for New York State residents or 1-888-864-9920 for out of state residents"

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