How to win any unemployment appeal is an individual process of evaluating both merits and weaknesses. Once you know what argument to focus on you follow up with good preparation to focus on winning with first hand testimony and when possible evidence in support of the testimony being credible.
What you don't do is appear for a hearing expecting a wing and a prayer for luck to be with you will win the day.
More often than not, the step overlooked by inexperienced hearing participants, involves understanding why it is crucial, vital, a matter of life or death for your benefits at least .. that you win the first unemployment hearing.
All because I know why you should want to avoid an appeal to an unemployment board of review that says the the hearing decision would of been different ... if only you'd known you should of prepared better for the first hearing.
Of course it's always useful to know before any first level unemployment hearing .. that if you're the one that has to write an unemployment appeal letter for a denial of unemployment benefits, there is not a requirement to spill your guts leading to an employer, or hearing officer now having information that might be used to disqualify you from benefits with your own words, before you get to the first hearing.
You should want to win the first unemployment hearing because winning a second level board of review appeal isn't actually a second chance to explain your story, but to explain why you quasi legally, deserve a second chance to have another first level hearing.
Board appeals aren't always difficult. Often used by employers for things, like asking for a reopening to show good cause for a witnesses non-appearance at the first hearing. I used to spend a great deal of time requesting postponements for employers just to protect this right to due process to improve the odds for another lower level hearing .. usually with an additional issue listed so the non-appearance could be addressed.
But, when both parties appear and a board appeal is to disagree with a hearing officer's decision .. you need a good written argument pointing out errors and defects made on the record by none other than the hearing officer who was mandated to conduct the first unemployment hearing fairly and impartially.
So, let me ask you, do you know when to object on the record? Do you know you can make a request during the hearing for continuance so you might obtain evidence you know of that would disprove what the employer is telling the hearing judge?
There's more to preparing to win the first hearing than spilling your guts at one .. you have to learn how to tell your story in a way not common to most of us. As if you knew what happens at administrative law hearings.
And if questions about unemployment appeals are any indication, most people wait until after the first hearing to finally take the time to figure out .. there may be an advantage for the state unemployment agency itself .. if you show up alone and clueless for the first hearing.
The reason I believe everyone, not just employers could benefit from being represented by someone who knows how unemployment hearings work is because they already know how to make use of some special rules of procedure for conducting a first level unemployment hearing fairly and impartially.
The rules, according to the ETA (Employment and Training Administration), responsible for providing all state agencies with directives and advisories as to how to run their individual unemployment programs must think rules most unemployed people don't know about should be enough to ensure every claimant not knowing the rules exist .. get a fair and impartial hearing.
When I am asked questions about how I would prepare to win, or what I would do to up the odds to not lose an unemployment appeal hearing, I say to start thinking about using rules of procedure to learn what you may have a right to do, or object to being done in that hearing .. which might then become a point of appeal to a board of review.
A letter to appeal a denial of benefits should not be the document that provides self disqualifying information for an employer, or the state, to explore.
In fact, it should be simple, simple, simple because all you need to do is signal your disagreement and request the only unemployment hearing you can reasonably expect to get.
There is absolutely no reason a claimant of benefits, disagreeing with an initial determination of benefits, clueless as to how the appeal process works, should spill their guts before they get to the referee, or first level tribunal unemployment hearing.
An appeal letter should say just enough to show your disagreement to gets a first level appeal hearing scheduled.
If you believe you should be represented at your first hearing, I provide referrals to unemployment hearing representatives.
If you cannot afford the cost of professional unemployment appeal services then reach out to your state to see if you qualify for free unemployment legal assistance
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