UNEMPLOYMENT INSURANCE - HEARINGS

I had a recent consultation where I was advised that the Claimant, who resided in the NYC metro area, after requesting a hearing, was granted a hearing by telephone with the Troy office. I was advised at a CLE training course that for those claimants who request immediate hearings, have the option of requesting a telephone hearing but this is discouraged by attorneys for many reasons: i.e. it is harder to cross-examine by phone, introduce evidence, and the judge cannot view a person's credibility over the phone. Plus, we who represent claimants believe it is best for the hearing judge to see the claimant in person. I am now advised that one of the hearing offices is so overbooked with hearings, that it is assigning hearings by telephone. If this happens, make a request first in writing, and then at the telephone hearing, that you prefer an actual hearing. This may delay a determination but my experience has been this: I had one telephone hearing that wound up taking over 5 months and we are still awaiting a decision. I do not believe, and in this is my own opinion, that justice should be dispensed by telephone, email or text messaging.