Sunday, April 11, 2010


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."

My practice is in Nassau County and I only do hearings at the Garden City office. Sometimes, depending on who is requesting the hearing, arrangements can be made to have the hearing at a specific location and, if the Claimant is requesting the hearing, the Claimant should specify the preferred location. Again, I do not recommend telephone hearings for Claimants who have been denied benefits unless there is clear and complete documentary proof, beyond a reasonable doubt, that the Claimant is entitled to benefits. However, if a Claimant has a material witness who cannot attend, that witness may be able to offer testimony by telephone.

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