Saturday, April 10, 2010

UNEMPLOYMENT HEARINGS - PREPARATION FOR HEARINGS

Here are more comments on some of the statements made on the Appeals Board FAQ website on hearings. The next FAQ is as follows:

"Where is the hearing?

The hearing will be scheduled at the office closest to the party who asked for the hearing. Read the Notice of Hearing to find out the location of the hearing. If a party is too far away to reasonably travel to the hearing site, that party may be allowed to participate by telephone but that request should be made before the hearing date."

I represent Claimants exclusively at the Garden City office. Sometimes, if the Employer has no office in New York, even though the Claimant resides in a neighboring county, arrangements can be made for the hearing to be held at Garden City if the Claimant wants me to represent them. I do not recommend for Claimants to request telephone hearings unless there is clear and complete documentary proof, beyond a reasonable doubt, that the Claimant is entitled to benefits. Many times, the issue of qualification and eligibility is based upon the credibility of testimony and I feel it is difficult for a judge to ascertain credibility just by telephone testimony. Many times, it is a person's appearance, demeanor, etc. that helps a judge determine credibility.

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