Wednesday, April 30, 2014



Unfortunately, I cannot evaluate your case until I review the entire file not so I am not able to furnish you with any legal advice. However, I suggest you consider the following:

1. Request a hearing on the Notice of Adverse Determination (read the reverse side for instructions).

2. Second, please remember that this is a process: it may not result in immediate relief. If you have lost at the DOL stage, you are now requesting a hearing and will be 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, again, I cannot evaluate your case until I review the entire file. Thus, if the file is not received by me in time to prepare for the hearing, you 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.

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 you that an application to reopen would have to be made within a reasonable time.

4. There are some documents which pertain to your claim that you already have – I suggest that you advise me what they are so I can help evaluate 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.

Jon Michael Probstein, Esq.
21 Turn Lane
Levittown, NY 11756
Phone 212 972-3250
Fax 212 202-6495


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