UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Lesson No. 1 - Obtaining Unemployment Insurance benefits can be a process.
If one has been denied benefits at the DOL stage, or, having been granted benefits, a request for hearing is made by the Employer, be prepared for a long process. After the DOL determination stage, there is the ALJ stage, then the Appeal Board, then the Appellate Division, 3rd Department and, in certain cases, the Court of Appeals. In this case, the Claimant:

1. First was denied by the DOL.

2. Second, requested an ALJ hearing.

3. Third, lost at the ALJ hearing.

4. Fourth, an appeal was made to the Appeal Board.

5. Fifth, the Appeal Board ordered a new hearing was ordered.

6. Sixth, the Claimant succeeded at the new ALJ hearing and, some weeks later, received back benefits.

And again, this took place over two years.

This litigation process (and although it is an administrative matter, it should still be considered a litigation) is not instant relief when one has been denied benefits. It is a process that takes time. Yes, I have had cases that were resolved quickly in favor of the Claimant. On the other hand, there was this case. Where one's case may fall, no one can predict.