UNEMPLOYMENT INSURANCE - HEARINGS

A recent consultation revealed that Claimant did not file a request for hearing and several months have passed since Claimant received an adverse Notice of Determination. According to the Department of Labor website (the emphasis on 30 days is from me):

"You may request a hearing on any determination affecting your rights to benefits by writing a letter to NYS Department of Labor, P.O. Box 15131, Albany, NY 12212-5131. The request must be postmarked or otherwise proven to have been filed within 30 days after the mailing or personal delivery of the determination. Absent proof to the contrary, a determination shall be deemed to have been mailed on the date recited on it and received by a party to whom it is addressed no later than five business days after the date on which it is mailed. Make sure you include your Social Security number on your hearing request and the reasons you disagree with the determination. You will be notified of the date, time and place of the hearing by the Administrative Law Judge section after your request has been processed. To protect your rights, you must continue to claim weekly benefits for any week in which you are unemployed...."

The Appeal Board has long held that neither incapacity to work, nor unavailability to work constitute sufficient conditions for excusing an untimely protest of an initial determination. The language of the law is explicit that an extension of the 30 day limit can only be based on a "physical condition or mental incapacity" that prevents claimant from making a hearing request. However, LOCAL OFFICES ARE REQUIRED TO PROCESS ANY AND ALL HEARING REQUESTS. THE ADMINISTRATIVE LAW JUDGE WILL DECIDE WHETHER CLAIMANT IS ENTITLED TO A HEARING.