NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - VULGAR LANGUAGE - CASE NO. 5

The hearing date was just a day or so away and so it would not be possible for me to be present at the hearing.

Unfortunately, many claimants do not seek counsel when they get their notice of adverse determination. Some claimants, because they did not read the back of the notice or for other reasons, do not make a timely request for a hearing. Other claimants do make a timely request for a hearing but do not seek counsel until they are notified of the hearing date. This case involved the latter.

I instructed the claimant that:

1. The claimant would have to go to the ALJ office and obtain a copy of the file so I could review and research the issue.

2. After I review the file and research, I would advise the claimant whether or not I would agree to take on the matter.

3. In the meanwhile, the claimant would have to attend the hearing, advise the ALJ the claimant was not ready to proceed because the claimant was seeking counsel, and that an application to reopen would have to be made.