So the Claimant's request for a hearing was timely, the Claimant had a hearing but the Admistrative Law Judge upheld the DOL's adverse determination. The first thought is to appeal to the Appeals Board. From the Appeals Board website:
"APPEAL TO THE APPEAL BOARD:
What can I do if I don’t agree with the judge’s decision?
If you were at the hearing and lost all or part of the case, you may file an appeal to the Appeal Board. The decision will contain instructions explaining how to file an appeal. You can appeal in writing, either by letter sent to the Appeal Board at PO Box 15126, Albany, NY 12212-5126, or by fax to 402-6208. Your letter must include the ALJ Case Number (which is listed on the decision above the claimant’s name).
An appeal must be postmarked or faxed no later than 20 days after the date printed or stamped on the front of the ALJ decision. The 20-day time period includes all weekends and holidays.
If you did not come to the hearing but believe you had a good reason for not being there, you can apply to reopen the case by writing to the Administrative Law Judge Section. You should include an explanation why you did not attend the hearing."
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