Sunday, November 7, 2010


At this point, let us recap:

1. Claimant was denied benefits from the DOL.

2. Claimant received pro bono representation by me for several days of hearings over several months.

3. Claimant received a decision from the ALJ overruling the DOL decision.

4. Employer appealed.

5. Claimant's representation by me continued on a fee basis.

6. Hearings were held on the timeliness of Employer's request for appeal for several days over several months.

7. Appeal Board eventually allowed the appeal.

8. Claimant copied the transcript.

9. But Employer does not pursue the appeal and submits no documents.

10. The Appeal Board upholds the decision of the ALJ.

11. I applied for a fee of $1,500 (although my normal rate would have been at around $3000).

Thus, at this stage, the Claimant has a potential legal fee of $1,500 for an appeal by Employer that Employer did not pursue. From the date of Claimant's termination of employment to this stage, a period of approximately 1 1/2 years has transpired. And the saga does not end here.

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