Wednesday, June 23, 2010

UNEMPLOYMENT INSURANCE - CLAIMANT'S REQUEST FOR HEARING

Let us now the discuss the issue of the Claimant's timeliness to request a hearing. Of course, the first place to start this discussion is from the FAQ from the Appeals Board website:

"How do I ask for a hearing if I disagree with a NOTICE OF DETERMINATION on unemployment benefits?

The NOTICE OF DETERMINATION tells you how to ask for a hearing. Fax or mail a request for a hearing to the address indicated on the NOTICE OF DETERMINATION. Your request must be postmarked or faxed within 30 days after the determination is mailed to you. A hearing will not automatically be set up if you don’t ask for one.

Who can ask for a hearing?

A claimant or employer who is affected by the determination can ask for a hearing. Under the law, charges for benefits are shared by all employers of the claimant in the base period. That is why employers who are not the last employer may also ask for a hearing. If a claimant receives a Notice of Hearing, he or she should attend to preserve any rights to benefits.

What does the hearing mean to me?

The hearing is an informal trial. The judge decides after the hearing to grant or deny unemployment benefits to a claimant. If the judge decides in the claimant’s favor, any benefits due will be paid. If an employer asked for the hearing and the decision goes against the claimant, the claimant’s benefits will be stopped and it is possible any benefits the claimant has already received may have to be repaid.

Can I ask for the hearing to be on a certain day or time?

When you ask for the hearing, explain if you cannot attend during certain hours or on certain days and the reason for that. We will try to satisfy your request.

Who is the judge?

The judge is employed by the Unemployment Insurance Appeal Board to decide if the determination made by the Department of Labor is correct or not. The judge is not connected to any side in the case. The judge is not connected to the Telephone Claim Center (TCC). The judge’s job is to make sure that everyone gets a fair chance to be heard. The judge knows the unemployment insurance law, evidence and procedure. The judge will review the evidence introduced at the hearing and will send you a written decision after the hearing.

Who can attend the hearing?

You and someone who can help you present your case can attend the hearing. This person can be a lawyer, an authorized agent, union representative, or a friend. Your former employer or their representative(s), (who may be a lawyer) may attend. You and your former employer both have a right to bring witnesses. The DOL may send a representative to defend its decision."

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