Friday, April 23, 2010


And now it is back to more comments on some of the statements made on the Appeals Board FAQ website on hearings. The next FAQ is as follows:

"When will the hearing take place?

In most cases, a hearing will be scheduled after the hearing office receives the request. You will be notified by mail of the exact date, time and location of the hearing before the day of the hearing."

It can take time as some hearing offices are overburdened with hearings. What compounds the problem is that Claimants request hearings and don't show up, Employers request hearings and don't show up (plus they still have the right to reopen their request if they apply within a reasonable time and have a reasonable excuse). Some get adjourned at the last minute. There are so many judges and so many time slots (usually a hearing is scheduled in one hour time slots). So it takes time to have a hearing - weeks, maybe months. In addition, a hearing may take several days and after the first day of hearing, the next one is usually not scheduled for 3-4 weeks. I can only make this statement with absolute certainty: if you are a Claimant and have been denied benefits, a request for hearing will not bring you immediate is a process. And if you want representation, as soon as you receive your adverse determination (you have 30 days from mailing to make your hearing request), contact an attorney. These cases need to be prepared properly and many times I will receive a call to the effect "I have a hearing in 2 days, can you represent me?" Since I do not take on a matter until I have it investigated and researched myself, in those situations, the hearing is delayed even further.

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