Thursday, January 19, 2012


After reviewing the claimant's email, I responded as follows:


I received your email. This is how I can proceed:

1. First, be aware that I am not available for the hearing on August XX and that I have not yet agreed to take on the case.

2. Second, please remember that this is a process: it may not result in immediate relief. The claimant has lost at the DOL stage, has requested a hearing and is now at the ALJ stage. Any party can, after the ALJ hearing, appeal to the Appeal Board and then to the Appellate Division, 3rd Department.

3. Third, unfortunately, I cannot evaluate the case until I review the entire file. Thus, once the file is delivered to me, the claimant would have to proceed as follows:

a. The claimant would have to go to the ALJ office and obtain a copy of the file so I could review and research the issue – again, the file should be delivered to me immediately.

b. After I review the file and research, I would advise the claimant whether or not I would agree to take on the matter.

c. In the meanwhile, the claimant would have to attend the hearing, advise the ALJ that the claimant was not ready to proceed because the claimant was seeking counsel, and the ALJ will advise the claimant that an application to reopen would have to be made within a reasonable time.

4. There are some documents which the claimant may already have – I suggest that you send me copies immediately. I will hold on to them until I receive the file and advise the claimant whether or not I would agree to take on the matter.

5. I operate on a fee basis in accordance with the Appeal Board rules. Attached is a form copy of my retainer agreement which we would utilize if I agreed to take on the matter.

Jon Michael Probstein, Esq.
Phone 212 972-3250
Fax 212 202-6495


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