Hi, my name is Chris. I used to coordinate unemployment appeal hearings for a living in the private sector for third party administrator of unemployment services.

The job experience taught me one truth about getting unemployment.

The vast majority of unemployed people in this country could use some help getting unemployment.

I saw the confusion began with how to apply for unemployment.

And then, when denied unemployment they wrote an unemployment appeal letter that served to deny them again at unemployment appeal hearings because they focused their argument on the same self disqualifying and/or irrelevant points.

It's when you understand how unemployment insurance works you can see clearly, how the unemployment system in the United States would like to keep you ignorant until it's too late.

This is true for even the people that could have had a legal leg to stand on and receive unemployment.

But, my job experience and personal feelings about the collateral damage I helped to create, that motivated me to begin this website in 2007.

I chose to focus on imparting what I know about the pitfalls of not just getting, but to keep collecting unemployment benefits.

We're all potential victims of losing our job through no fault of our own when we're an employee, but we have built in adversaries.

It's usually your former employer(s) found in the base period of your current unemployment claim.

This held true for myself.

How To Win An Unemployment Appeal Hearing

Unemployed people argue to irrelevant points based on how they feel

State specific unemployment laws establish the rules for collecting unemployment.

But, then many states don't offer resources for you to interpret what the laws mean?

Guess what, even appeal hearing officers have access to precedent (that which interprets what a law means) decision manuals to help interpret facts in a case.

So I ask, is this intended? Answer to self, YES!!

How the heck can someone know how to prepare effectively for all the issues on their hearing notice if they don't understand what the law says.

Not to mention if you have the skill to argue your own case in a way that protects your rights to due process and further appeal .. in case the hearing officer is biased in favor of the employer.

I believe we all need help fighting for or keeping the benefits.

I encourage you the unemployed person to approach unemployment the same way many employers.

Hire someone knowledgeable about UI law to make the argument on your behalf.

A valid "legal argument" is of vital importance to winning appeals and even if you understand the issues conceptually, case presentation skills are an acquired thiing.

Yet, your very presence at an unemployment appeal hearing all by your lonely, forces the law to assume you have prepared and feel capable to represent yourself ..

All during a time in your life that will be likely be memorable due the high stress you're experiencing.

Give me a break, the failure to get unemployment benefits, or the loss of benefits (which equals repayment) is not on the same par as paying a traffic ticket. Unemployment claim are valued in the thousands of dollars.

Therein lies the reason for the battle.

This is why even I had an unemployment hearing rep for my own hearing.

Providing hearing reps to employers was a part of that job I mentioned at the beginning, but the only time I ever appeared at hearings was to address non-appearance and timeliness issues as a witness.

Although I knew why I deserved the benefits per the law, I didn't feel confident enough to present my own case. I was a nervous wreck when the employer appealed my benefits.

It was because I understood not only how unemployment works, but how unemployment cost control companies work, I'd be facing an employer hearing rep.

I wanted my own.

How To Prepare To Apply For Unemployment Benefits

Receiving unemployment compensation is NOT an emotional process and neither should being an employee. You need to evaluate your unemployment claim for weaknesses and strengths before you apply. (And don't forget, the evaluation should be done in view of the rules for collecting of the state paying the benefits.

Good cause or the reasons to get or deny benefits is a hungry animal looking for proof to feed on.

The burden to prove good cause existed is assigned, by the law, to the party that moved first to end an employment relationship.

However, the way unemployment benefit claims work, is in stages.

The first stage of the unemployment process is the claims process soon after you fill out the application for benefits. How you feel when you apply is irrelevant. You should already be focusing on what the state laws say about collecting and preparing for the possibility of having to take your case to the next level.

Find out why your first unemployment appeal is the most important appeal to prepare for.

Will Being Prepared to Get Unemployment Benefits Make a Difference?

I think I'll give you an example of how to prove a fact is a fact by providing relevant documentation. DOLETA (Opens in new window) says 26 percent of the total unemployed received benefits nationwide, in 2011. If you want to check yourself, choose #13 and follow the instructions.

This is only my irrelevant opinion, but I think the info above points directly to an underlying truth.

Many people ignore the need to learn about their rights before they attempt to use their rights.

And that is why unemployed people both lose appeals .. or more likely, don't even bother appealing .. because they think it will do no good and those that received unemployment may end up having to repay benefits.

Preparing to apply for unemployment does make a difference and can keep even those well aware they don't deserve to get benefits .. out of hot water.

When To Apply For Unemployment

Who Has The Burden of Proof In Unemployment

A burden changes and can be shifted back and forth depending on the facts and evidence provided by either you or the employer. (Yes, all employers know when you file for unemployment because the state sends them a notice .. so they can protest unemployment.

• Can you collect unemployment when you quit a job?
When you quit you need to understand the burden you will be required to prove.


• Can you get unemployment when you're fired? When you're fired from your job you need to understand what the employer has to prove just so you know how to rebut.

It must be legally determined that you lost your job through no fault of your own.

However, there are various unemployment rules to which a burden or reason can be assigned.

And even unemployment claimants have to worry about eligibility outside the scope of losing their. Such as, when collecting unemployment while attending school.

Unemployment Appeal Hearings Can Come As A Surprise To An Unemployed Person

It doesn't matter whether you quit or were fired nor whether you received unemployment benefits or not.

The road may lead to an unemployment appeal hearing.

If your employer is appealing your unemployment benefits it is of utmost importance you attend that hearing and prepare accordingly or you will be required to repay the benefits you received.

This is exactly what happened to me in 2009 when I finally quit my job.

I had a friend as my hearing rep because I was so angry I could see straight and of course the employer lied at the first hearing and given who I was employed for .. when they lost .. they again appealed to the board of review.

I wasn't too worried. I knew the game was just being played out. I was prepared for the first hearing. I knew the legal basis I was entitled to unemployment (I had quit).

But, I was still glad I had that calm, objective voice of my rep working on my behalf.

You should take advantage of the free referral service offered here. There's no obligation to pay a fee unless you choose to engage the services of one of the Professional unemployment hearing reps.

They will all evaluate your case before they decide if they will accept it.

Ethical Non-attorney Advocates can't guarantee you will win, but they also don't want to take cases they know they will lose.

If you want a second opinion .. contact me, I'll call you to get some details.

The Rules For Collecting Unemployment Benefits

More About Getting Unemployment

Need a Sample Letter Of Appeal To Office Of Unemployment?

Interactive Discussions About Unemployment Benefits

Being Fired And Unemployment Benefits Will you be able to rebut the employer burden of proof?

Can I Receive Social Security AND Unemployment This is just one question. There are a number of outside influences that can effect benefits .. even when the state says you've been approved to receive a weekly benefit amount.

Do I Need An Unemployment Lawyer for An Appeal?

However, I also know why it's almost impossible to find an unemployment lawyer

No money .. no unemployment lawyer?

Federal Labor Laws That Protect All Employees

However, not enough employees use these rights and protections when it most counts .. while they still have a job.

This alone can impact whether you will get unemployment benefits especially when you quit a job.

Where To Find Federal Labor Laws

Protecting Yourself As An Employee

How Do We Survive Being Unemployed

Just the threat of having to survive dire straits can be the food for an inspiration to give you the courage to direct your life with a purpose and intent. Sign up for Unemployment Times.

When the going gets tough .. the tough get going ... an occasional contest won't hurt your progress :)

Chris

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