Tuesday, February 22, 2011


The hearing did not last long. The ALJ discussed the history of the matter, read the Appeals Board decision and pointed out the issues of the case. I advised the ALJ that I was representing the Claimant on a pro bono basis and introduced the following documents which were accepted into the record:

1. The Claimant's medical history intake form the mental health center.

2. A copy of the Claimant's medications.

3. The certified copy of the other tribunal's dismissal of the misconduct charges.

As the ALJ noted, the key issue was the timeliness of Claimant's request for a hearing and whether the Claimant had cause to file late. Thus, the ALJ wanted testimony that was limited to Claimant's mental condition from January 28, 2009, the date of mailing of the notice of adverse determination, and 30 days thereafter (the time period to file a request for hearing), through March 25, 2009, the date the Claimant actually made a request for hearing. I then began the series of questions to the Claimant that I researched (and that are set forth in my earlier posts) to establish the mental condition of the Claimant during that key period.

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