A MESSAGE TO NEW YORK UNEMPLOYMENT INSURANCE CLAIMANTS WHO HAVE BEEN DENIED BENEFITS.

Hi:

Unfortunately, I cannot evaluate your case until I review the entire file not so I am not able to furnish you with any legal advice. However, I suggest you consider the following:

1. Request a hearing on the Notice of Adverse Determination (read the reverse side for instructions).

2. Second, please remember that this is a process: it may not result in immediate relief. If you have lost at the DOL stage, you are now requesting a hearing and will be at the ALJ stage. Any party can, after the ALJ hearing, appeal to the Appeal Board and then to the Appellate Division, 3rd Department.

3. Third, again, I cannot evaluate your case until I review the entire file. Thus, if the file is not received by me in time to prepare for the hearing, you would have to proceed as follows:

a. 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.

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

c. In the meanwhile, the claimant would have to attend the hearing, advise the ALJ that the claimant was not ready to proceed because the claimant was seeking counsel, and the ALJ will advise you that an application to reopen would have to be made within a reasonable time.

4. There are some documents which pertain to your claim that you already have – I suggest that you advise me what they are so I can help evaluate whether or not I would agree to take on the matter.

5. I operate on a fee basis in accordance with the Appeal Board rules.

Jon Michael Probstein, Esq.

21 Turn Lane
Levittown, NY 11756
Web: www.jmpattorney.com
Email: jmp@jmpattorney.com
Phone 212 972-3250
Fax 212 202-6495

LEGAL NOTICE

Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this message by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this message or any action taken (or not taken) in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately.

NEW SANDY DEADLINE OCTOBER 30?

The standard National Flood Insurance Program (“NFIP”) dwelling form requires that detailed information be provided as a proof of loss within sixty days.

After Sandy hit on October 29, 2012, the Federal Emergency Management Agency (“FEMA”) extended the amount of time within which an insured must submit a proof of loss for FEMA-backed insurance policies to one year from the date of the loss. Generally speaking, for New Jersey and New York Sandy victims looking for insurance claims, this deadline should have been considered to be no later than October 29, 2013.

It was later extended to April 13, 2014 and now newspapers are reporting an additional extension to October 30, 2014:

http://www.newsday.com/classifieds/real-estate/sandy-insurance-deadline-extended-1.7851163

NEW YORK DIVORCE - WHEN HUSBAND IS THE HOMEMAKER

Here are the facts:

"The facts of the case did not differ from what was adduced during the first trial with the respect to the assets acquired during the marriage and income of the parties. Although, the Appellate Division held that the findings by the prior trial court were patently unfair to Defendant, Plaintiff did not differ from her position that Defendant should not receive an equal equitable share because, as she testified, Defendant was lazy and did odd jobs. Plaintiff and Defendant were married on August 28, 1993. Both Plaintiff and Defendant are 54 years old. Plaintiff is a microbiologist and Defendant is a handyman contractor. Plaintiff is the monied spouse. However, the parties lived a shared economic partnership consisting of Plaintiff working at her full time employment as a microbiologist and Defendant taking care of the marital home, caring for the parties' child, finding and fixing real property for investment. He was a "fixer upper" involved with searching for buildings and renovating them for resale on the real estate market. The martial residence and all real property were acquired during the marriage. The properties were renovated and resold on the market by Defendant.The marital residence was converted by Defendant from a one level ranch home into a three level bungalow home with a rental unit.
Plaintiff testified she provided 80% of the financial contribution and does not consider Defendant's non-economic contribution as marital contribution. The parties lived together three or four years prior to marriage and were married August 28, 1993. Prior to and throughout the marriage, Defendant's work pattern remained the same. Defendant has always sporadically worked as a handy person fixing people's homes, bathrooms, kitchens, plumbing, tiling and electrical repairs. Defendants' first official job was in 2001. By both parties' testimony, Defendant's highest annual income throughout the marriage was $18,570.00.Notably, both sides agree that throughout the marriage they filed joint tax returns and never reported any income for Defendant. By Plaintiff's own testimony, she agreed that the marital lifestyle was built on Plaintiff working professionally as a microbiologist and Defendant as a handyman. Defendant principally did the buying, renovating and selling of investment properties. The economic partnership was Plaintiff money and Defendant's labor. All income acquired during the marriage came from Plaintiff's income, rental from investment properties and Defendant's handyman work which were pooled toward in the parties' real estate investments.Although Plaintiff stayed steadfast with her belief that her income was the sole source of the parties' investments, the evidence show that Defendant's non-economic contribution significantly improved the parties' lavish lifestyle and helped fostered Plaintiff's successful promotion. "

Also:

"Plaintiff's employment required her to work outside of the home traveling nationally and internationally as a microbiologist to ensure food quality and safety. Defendant was the stay at home parent caring for the parties' son, fixing their properties and doing handyman odd jobs. In addition, Defendant volunteered at their son's school. Plaintiff testified that Defendant was lazy and did not fed or cared for their son. Assuming this was credible, which this Court does not find, Plaintiff never altered her work pattern to care and feed their child. She continued to travel being away from the home for long periods to enhance her career. Admittedly, their child did receive substantial love and care from both parents and there is no evidence that the child was not cared for by Defendant."

Now read the decision:

Morille-Hinds v Hinds

2014 NY Slip Op 50269(U) [42 Misc 3d 1230(A)]

Decided on January 31, 2014

Supreme Court, Queens County

LAWYERS AND DEPRESSION

Last night, the Lawyers Assistance Program Committee of the Nassau County Bar Association, hosted (of which I am a member) hosted a CLE at the Nassau County Bar Association on "Ethical Dilemmas: Stress & Risk Management.".

Personally, it was an "eye-opener" and perhaps even a "life-changer" and one thing I would like to re-post was a CNN piece that was mentioned by several of the speakers:

CNN - Why Are Lawyers Killing Themselves

And I would just add that reading the "Comments" on the above web post was also an experience.

LIVING WILLS & HEALTH CARE PROXY FORMS

Although I would think one would consult with an attorney before doing this one your own, the New York State Bar Association states:

"On this page you will find PDF files of New York Living Will and Health Care Proxy Forms. These forms are also known as advance directives. These forms are free and provided as a service to all New Yorkers."

Here is the link:

NYSBA - Living Wills and Health Care Proxy Forms

CLE ON STRESS & RISK FOR ATTORNEYS

Tomorrow, the Lawyers Assistance Program Committee, of which I am a member, is sponsoring a CLE at the Nassau County Bar Association on "Ethical Dilemmas: Stress & Risk Management." Sign-in begins at 4:30 PM. The program itself begins at 5PM and runs for 3 hours. 3 Ethics credits will be awarded. A light supper, beginning at 4:30PM, will be provided to all attendees. To register, contact Nassau Academy of Law, 15th & West Streets, Mineola, NY 11501 Ph: 516.747.4464

VOLUNTEER LAWYERS PROJECT

Today, I will be a volunteer lawyer at Landlord/Tenant District Court as part of the Volunteer Lawyers Project of Nassau County Bar Association.

"Attorneys are encouraged to volunteer to provide free legal assistance to the poor in Nassau County through the Volunteer Lawyers Project. NCBA partners with the Nassau/Suffolk Law Services Committee to support VLP, which helps maximize the quantity and quality of pro bono assistance provided for the county's low-income community. Volunteer attorneys handle a wide array of cases including matrimonial matters, individual bankruptcy, personal injury and negligence defense, estate matters, release of accounts blocked by judgment creditors, and various other civil matters.
• The Landlord/Tenant Project's Attorney of the Day Program assists thousands of men, women and children in court to prevent homelessness.
• The Bankruptcy Clinics assist families either with advice or the filing for a Chapter 7 bankruptcy, when appropriate.
• The Matrimonial Project assists hundreds of individuals in obtaining divorces, child support and custody."

NEW YORK MORTGAGE FORECLOSURE - CRISIS

Recently, MSN posted an article "5 worst spots for 'zombie foreclosures'" By Jason Notte of TheStreet

A zombie foreclosure is defined in the article as follows: "Abandoned by the distressed homeowner and not yet repossessed by the foreclosing lender, these homes have no one to maintain them, are falling into disrepair, attracting crime and dragging down the values of nearby homes."

Coming in as Number 3 was the New York/New Jersey Metropolitan area:

" 3. New York City, Northern New Jersey and Long Island, N.Y. and N.J.

Total vacant foreclosures: 11,000
Percentage of all foreclosures: 12 percent

The suburbs got slammed during the housing crisis, but Superstorm Sandy didn't exactly help matters.

New York and New Jersey rank among the Top 5 states for vacated foreclosures. There are 10,880 in New York state alone, while New Jersey contributes 8,595 to the total. Both are still struggling mightily, with New Jersey's foreclosure starts up 126 percent from last year and New York
foreclosures spending 1,037 days in that state.

Unlike much of the rest of the nation, however, New Jersey and New York saw increases in bank home repossessions in February. Those seizures more than doubled in New York (up 108 percent from February 2013) while New Jersey repossessions jumped 90 percent."

Here's a link to the article:

http://realestate.msn.com/5-worst-spots-for-zombie-foreclosures?GT1=35010#1

NY FAMILY HEALTH CARE DECISIONS ACT

When there is a lack of advance planning and health directives, New York's Family Health Care Decisions Act (FHCDA)[1] establishes the authority of a patient's family member or close friend to make health care decisions for the patient in cases where the patient lacks decisional capacity and did not leave prior instructions or appoint a health care agent. This "surrogate" decisionmaker would also be empowered to direct the withdrawal or withholding of life-sustaining treatment when standards set forth in the statute are satisfied.

For more information, visit the Family Health Care Decisions Act Information Center

NOTE TO CONSUMERS RE: INSURANCE CLAIMS

"How to Get a Homeowners Insurance Claim Paid - Consumer Reports
Click on the link below, or copy and paste it into your browser:

http://www.consumerreports.org/cro/magazine/2014/05/how-to-get-your-homeowners-insurance-claim-paid.html

Please note: Some content is available only to subscribers. You may not be able to view this content unless you are a ConsumerReports.org subscriber."

TODAY IS NATIONAL HEALTHCARE DECISIONS DAY

Today is the 7th Annual National Healthcare Decisions Day!

Talk about advance care planning. Free info and tools at: www.nhdd.org

Or see an attorney for estate planning, etc.

FOR THE HOLIDAY

HOMELESS IN NASSAU

Whether it's due to eviction, foreclosure, divorce, etc.:

"If a person is experiencing a housing crisis in Nassau County, he or she should go to the Nassau County Department of Social Services (DSS), at 60 Charles Lindbergh Blvd. in Uniondale, Monday thru Friday, between the hours of 8:00 am – 4:00 pm. A DSS emergency services unit worker will assess the individual’s needs. The person may have to wait some time before they receive their referral for an emergency housing placement.

If a person experiences a housing crisis after 5:00 pm during the week, anytime during the weekend, or during a Holiday please call the DSS Emergency Night Services Unit at (516) 573-8626."

From http://www.the-inn.org/programs/if-you-are-homeless.html

NEW YORK UNEMPLOYMENT INSURANCE - NEW RULES FOR APPEAL BOARD

This I received the other day and is also on the Appeal Board website:

"Important Notice

Please be advised that the Unemployment Insurance Appeal Board has recently updated the guide titled, “Hearings Before Unemployment Insurance Administrative Law Judges -- Questions and Answers”. The updated guide contains full explanations of a variety of Board policies and procedures, including those relating to default decisions and requests to reopen a case. Notably, and as explained in the updated guide, any party that does not attend an unemployment insurance hearing after receiving notification may only request one reopening within a reasonable time. Any further requests to reopen will be referred to the Appeal Board. Consistent with this change in practice, administrative law judges will no longer grant a second leave to apply to reopen.

Additionally, in an effort to ensure that the parties are able to attend hearings, the updated guide details a procedure through which the party requesting a hearing to re-open can provide the Board with his/her/its unavailability within the next 45 days.

Finally, as set forth in the updated guide, Default Decisions will provide the parties with the determination along with the following information:

1. It is very important that you appear at all scheduled hearings.
2. If you have good cause for not appearing or proceeding at a hearing you may request to reopen the case. Fax or mail your request, the case number and the reason for your failure within a reasonable time of the date on this decision to the Administrative Law Judge Section address on the front of the decision. Attach any documentation that explains why you did not attend the hearing.
3. List any dates in the next 45 days on which you are not available for a hearing. We will do our best to accommodate your schedule. Do not request a reopening if you are not ready.
4. At the next scheduled hearing, the Judge will first take testimony on whether you had good cause for not appearing or proceeding at the prior hearing. The Judge will decide the other issues in the decision only if there is good cause for missing the prior hearing.
5. If you fail to either appear or proceed at a second hearing, any further request for reopening must be made to the Appeal Board. The Board will grant another hearing only if it determines that your failure to appear or attend at both prior hearings was for good cause or if in its discretion the Board orders another hearing to consider that question.

Please carefully review the updated policy. For more detail on the Board’s policies and procedures, please visit http://labor.ny.gov/formsdocs/ui/UI_Hearing_Employer.pdf (guide for employers) and http://labor.ny.gov/formsdocs/ui/TC318.3e.pdf (guide for claimants). Please direct any inquiries to the Chief Administrative Law Judge at PO Box 15126, Albany, NY 12212-5126. "

VOLUNTEER LAWYERS PROJECT

Today, I will be a volunteer lawyer at Landlord/Tenant District Court as part of the Volunteer Lawyers Project of Nassau County Bar Association.

"Attorneys are encouraged to volunteer to provide free legal assistance to the poor in Nassau County through the Volunteer Lawyers Project. NCBA partners with the Nassau/Suffolk Law Services Committee to support VLP, which helps maximize the quantity and quality of pro bono assistance provided for the county's low-income community. Volunteer attorneys handle a wide array of cases including matrimonial matters, individual bankruptcy, personal injury and negligence defense, estate matters, release of accounts blocked by judgment creditors, and various other civil matters.
• The Landlord/Tenant Project's Attorney of the Day Program assists thousands of men, women and children in court to prevent homelessness.
• The Bankruptcy Clinics assist families either with advice or the filing for a Chapter 7 bankruptcy, when appropriate.
• The Matrimonial Project assists hundreds of individuals in obtaining divorces, child support and custody."

PART 137 ARBITRATION

Today I will be a Part 137 arbitrator.

Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts Part 137 is the New York State Fee Dispute Resolution Program, which provides for the informal and expeditious resolution of fee disputes between attorneys and clients through arbitration and mediation. In accordance with the procedures for arbitration, arbitrators shall determine the reasonableness of fees for professional services, including costs, taking into account all relevant facts and circumstances. Mediation of fee disputes, where available, is strongly encouraged.

ELDER ABUSE AND MICKEY ROONEY

With the passing of Mr. Rooney, one should also be reminded of his testimony on elder abuse before the senate hearing during the Justice For All: Ending Elder Abuse, Neglect & Financial Exploitation:

"My name is Mickey Rooney.
And I want to thank you for this opportunity to testify today.
    We are here today on an issue preventing the abuse,
neglect, financial exploitation of seniors. Unfortunately, I'm
testifying before the committee today, not just as a concerned
citizen, which we all should be, but as a victim of elder
abuse, myself. And that's true.
    Throughout my life, I've been blessed with love and support
of family, friends, and even the people who like my pictures,
who are called fans. I have worked almost my entire lifetime in
the business I love, like you do. I was lucky enough to be in a
business I love, to entertain and to please other people. I
worked with joy, but I've worked hard and diligently. But, even
with success, my monetary thing, called money, was stolen from
me--yes, stolen--by someone close. Close. I was unable to avoid
becoming a victim of elder abuse.
    Elder abuse comes in many, many different forms: physical
abuse, emotional abuse, and financial abuse. Financial. Each
one of these causes are devastating, ladies and gentlemen, in
its own right. Many times, sadly, as with my situation, the
elder abuse involves a family member.
    When it happens, you feel scared, disappointed--yes, and
angry. And you can't believe that it's happening to you. You
feel overwhelmed. The strength you need to fight it.
Complicated. You're afraid, but you're also thinking about your
other family members, about the potential criticism of your
family, your friends. People you know, they may not want to
accept the dysfunction that you feel and need to share, because
one should love their families, as I do. I love my family. And,
for other reasons, you might feel hesitant to come forward, you
might not be able to make rational decisions, intelligent
decisions.
    What other people see as generosity, may in reality be the
exploitation, manipulation, and, sadly, emotional blackmail of
elders and people who are vulnerable. I know it because I,
myself, happen to be one. My money was taken, was used, what
finances I had. When I asked for information, I was told that I
couldn't have any information of my own. ``What the hell? What
are you talking about?'' I was told it was ``none of my
business'', ``it's none of my business.'' And when you're told
that, you're left to leave powerless.
    You can be in control of your life one minute, ladies and
gentlemen, and in the next minute, like that, you have
absolutely, believe it or not, no control of your life.
Sometimes this happens quickly, but other times it's very, very
gradual. You might wonder when all this truly began.
    In my case, I was eventually and completely stripped of the
ability to make even the most basic decisions--where we go or
what do we do--decisions that everyone likes to make. Over the
course of time, my daily life became unbearable because all of
this seemed to come out of nowhere. At first, it was something
small, and I could control it. But, then it became something
sinister that was completely out of my control. I felt trapped,
scared, used, and frustrated. And, above all, when a man feels
helpless, it's terrible. And I was helpless.
    For years, I suffered silently. I didn't want to tell
anybody. I couldn't muster the courage. And you have to have
courage to say--``I need help.'' And I knew I needed it. Even
when I tried to speak up, I was told to, ``Shut up and be
quiet. You don't know what you're talking about.'' It seemed
that no one--no one wanted to believe me.
    But, ladies and gentlemen, I want you to know that I never
gave up. I continued to share my story with others. I told them
about the abuse my family and I have suffered. I'm now taking
steps to right all of the wrongs. I'm now taking steps, ladies
and gentlemen of the Senate, to right all the wrongs that were
committed against me.
    I'm also thankful to my family, friends, and I like to call
them, fans all over the United States and the world, who have
expressed their support and caring for me.
    Ladies and gentlemen of the committee, I didn't tell you
just a part of my story so that you, the Senators and Madam
Senators, would feel sorry or feel sympathy for me. I came here
for you to think of the literally millions of seniors who are
abused.
    I am here today because it's so important that I share my
story with others, especially those who may be watching at home
or driving; suffering, maybe silently, as I was.
    To those seniors, and especially elderly veterans, Army,
Navy, Marine--you veterans, like myself--I want to tell you
this: You're not alone. And you have nothing--nothing, ladies
and gentlemen--to be ashamed of. You deserve--yes, you
deserve--better. You all have the right to control your own
life. Everyone does. You have the right to control your life
and be happy. Please, for yourself, end the cycle of abuse and
do not allow yourself to be silenced anymore. Tell your story
to anyone--someone--and let them know. And, above all--above
all--have faith and have hope. Someone will hear you if we all
stand strong together. Speak up and say, ``I'm being abused.
This happened to me.'' If you speak up, we can take the
necessary steps--the altogether two very necessary steps--to
end the cycle--to end it--of elderly abuse.
    The elder abuse happened to me--that's why I'm here to tell
you a little about it--to me, Mickey Rooney. I'm just a man
doing a job, like you are. It was my job to entertain; it's
your job to end things like this. It's why I'm here. And if it
can happen to me, oh, God willing it--and unwilling it--it can
happen to anyone. I know who I'm talking about. And I--I'm not
speaking just for myself. What I hoped to be and what I was,
was taken from me. I'm asking you to stop this cycle of elderly
abuse. I mean just stop it. Now. Not tomorrow, not next month,
but now. Let's stop--and you all have to vote to get this bill
passed--two bills passed, so that it can go to our Congress,
and Congress can send it to our President of the United States,
Mr. Obama, and end it and say that it's a crime, and we will
not allow it in the United States of America."

FREE FORECLOSURE AND SANDY CLINIC AT NCBA

Starting at 3 pm, Nassau County Bar Association will be sponsoring another free Mortgage Foreclosure and Superstorm Sandy clinic.

Nassau County Bar Association, 15^th and West Streets, Mineola, NY 11501, (516) 747-4070 x 203.

I will be one of the volunteer lawyers.

AN IMPORTANT VIDEO TO WATCH FROM NY COURTS

"This program is certified to meet the Article 81 statutory training requirements for lay guardians and offers practical advice to assist lay guardians in carrying out their guardianship responsibilities."

The information contained in this training is not only essential for Article 81 Guardians but is a helpful tool for Article 17-A Guardians, court appointed Guardians> It also provides some helpful information to Estate fiduciaries.

What I also found interesting is that it containes helpful information for everyone as to how to handle their own personal affairs. Watch it - here's the link:

ON-LINE ARTICLE 81 LAY GUARDIAN TRAINING PROGRAM

VOLUNTEER LAWYERS PROJECT

Today, I will be a volunteer lawyer at Landlord/Tenant District Court as part of the Volunteer Lawyers Project of Nassau County Bar Association.

"Attorneys are encouraged to volunteer to provide free legal assistance to the poor in Nassau County through the Volunteer Lawyers Project. NCBA partners with the Nassau/Suffolk Law Services Committee to support VLP, which helps maximize the quantity and quality of pro bono assistance provided for the county's low-income community. Volunteer attorneys handle a wide array of cases including matrimonial matters, individual bankruptcy, personal injury and negligence defense, estate matters, release of accounts blocked by judgment creditors, and various other civil matters.
• The Landlord/Tenant Project's Attorney of the Day Program assists thousands of men, women and children in court to prevent homelessness.
• The Bankruptcy Clinics assist families either with advice or the filing for a Chapter 7 bankruptcy, when appropriate.
• The Matrimonial Project assists hundreds of individuals in obtaining divorces, child support and custody."

SURVIVING JOB TERMINATION

As I represent a claimant today at an ALJ hearing on the issue of misconduct, I am reminded of my training years back and the statement: "Your client should not consider Unemployment Insurance as a salary - it is not a job replacement."

Benefits are temporary - the claimant must still be ready, willing and able to obtain new employment. There are a lot of articles, blogs, advice, etc. on surviving job termination and moving on to new employment. Here is a link to one I received recently:

http://www.careerbuilder.com/Article/CB-3429-Workplace-Issues-How-to-survive-a-bad-review-or-termination/

.

NEW YORK UNEMPLOYMENT INSURANCE - CERTIFICATION WHEN ABROAD

Now unemployed and receiving benefits, some claimants will take a vacation - and some take vacations or travel abroad. But if the claimant certifies while travelling, there may be severe penalties to a claimant who fails to report travel outside the U.S.

Claimants should read the Claimant handbook or check the FAQ on the DOL website.

Usually, a claimant will be "locked out" when travelling. The DOL website will be unavailable when checking in from a foreign country. The claimant will then give their id and pin number to a friend and/or family in the United States to certify on their behalf. This can be easily traced due to electronically stored information.

The following is noted:

"COMMISSIONER'S POSITION: The NYS Unemployment Insurance Appeal Board has consistently upheld the Commissioner's long standing policy that a claimant who travels outside the United States to a country that is not a signatory to the Interstate Benefits Payment Plan is ineligible for benefits. In three such recent cases, AB 561517, AB 561528, and AB 561529, the Board sustained determinations holding claimants ineligible on the grounds that they failed to report as required and that they were not available for work. The Board furthermore held that their certifications that they were ready, willing and able to work while abroad were willfully false. The Board has held that such a claimant must know he or she is not immediately ready to work either because of the time it would take to return to the U.S. (AB 561529), or because he or she lacked necessary documentation to work in the foreign country (AB 561517). The Commissioner of Labor requests that the Administrative Law Judge take official notice that the signatories to the Interstate Benefits Payment Plan include the 50 states, Puerto Rico, the U.S. Virgin Islands, and Canada."