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

Lesson No. 3 - Timeliness.

It may seem harsh, especially when it appears that the DOL, the Appeal Board, and the courts take so much time in making a decision, but the time limitations for Claimants making a claim, a request, etc. must be strictly complied with. Only rarely will extensions be granted.

I have had many consultations where Claimants have failed to file their request for hearing, failed to file their notice of appeal, failed to appear at hearings, failed to timely file an application to reopen, etc. Claimants must remember to read the Claimant's Handbook, the reverse side of the DOL papers they receive, the DOL and Appeal Board website, etc. in order to protect their claim for benefits. If a Claimant cannot get past the timeliness issue, the merits of their case cannot be determined.

FILING FOR HEARING ON UNEMPLOYMENT BENEFITS

A case came to me yesterday wherein a person was requesting a hearing on an adverse determination; however, the adverse determination was made about 7 months ago and the client claimed it was never received although each week a claim was put in and no monies received. Let's examine the law on this. According to the NYS Department of Labor FAQ page: "You may request a hearing on any determination affecting your rights to benefits by writing a letter to NYS Department of Labor, P.O. Box 15131, Albany, NY 12212-5131. The request must be postmarked or otherwise proven to have been filed within 30 days after the mailing or personal delivery of the determination. Absent proof to the contrary, a determination shall be deemed to have been mailed on the date recited on it and received by a party to whom it is addressed no later than five business days after the date on which it is mailed. Make sure you include your Social Security number on your hearing request and the reasons you disagree with the determination. You will be notified of the date, time and place of the hearing by the Administrative Law Judge section after your request has been processed." Here are some cases on the issue: 1. The 30 day statute of limitation. on hearing requests does not apply when a determination was mailed to the last known address of a person who was not then a claimant, but he did not receive it because he had moved. (A.B. 202,436; A-750-1850) 2. Claimant's failure to request a hearing within 30 days of the initial determination is not excused by claimant's incarceration, since claimant was not prevented by physical condition or mental incapacity from filing a hearing request. (A.B. 455,1691; A-750-2080) 3. When claimant' s need for Spanish language material is clearly evident, a notice of determination sent without it is defective and cannot be the basis for holding a hearing request untimely. (A.B. 429,1731; A-750-2067) 4. A claimant who did not request a hearing from a written determination of unavailability within the statutory appeal period but continued to certify to unemployment thereafter, may be heard on the question of availability for the period 30 days prior to the date on which request for a hearing is filed. (A.B. 21,562-49; A-750-938)....there is more case law, but based on the above, how would you decide?