Thursday, September 2, 2010

UNEMPLOYMENT INSURANCE - HEARING & APPEAL

Now of course prior to the filing of the Notice of Appeal, I contacted the Claimant to ascertain the full story. In summary, the administrative law decision denied Claimant a hearing on the grounds of timeliness. Claimant ostensibly filed the request on March 29 instead of by March 4 - about a 25 day delay. However, what the administrative law judge did not consider, because of the Claimant's mental condition, was that as a result of the employer’s actions taken in discharging the Claimant, the criminal complaint filed against the Claimant required by law, the Claimant's inability to get work until the criminal matter was resolved, etc., the Claimant became homeless, went and still is under psychological care, was and still is on psychiatric medications and is now living in hotel shelters in Nassau County. The Claimant's only address is a post office box. So I asked the Claimant to supply me with a written explanation of the Claimant's circumstances which was not addressed at the hearing, and supporting documentation.

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