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Long Road

I was denied benefits d/t misconduct. I didn't request a hearing because I had no evidence to prove my innocence. 10 months later I had new evidence to reopen my case, I wrote to ask NYS Appeal Board reopened the case, 6 months later an appeal and three hearings later I was cleared of all alleged charges brought forth by employer.


I am asking for back pay for the months that I was unemployed.

I have a hearing tomorrow and they are telling me that I didn't certify and register? What are my chances of winning this?





Hi, I'll just bet it's been a long road. I'd be curious to know how you accomplished the reopening. I just went to the USDOL to check appeal deadlines for NY, but wouldn't you know it .. the website is down for the moment.

As for your question about backpay for weeks you failed to certify I'm leaning in agreement with you .. because I found this to read at the NY Unemployment Interpretation Index about failure to certify.


Are you employed now? I realize there isn't enough weeks in your regular benefit year to collect all 26 weeks you're just recently entitled to, but, if NY is still offering extended benefits you may still be able to collect .. although it wouldn't be the windfall of backpay those get when denied .. appeal timely and certify each week while waiting to get to hearing.

Please accept my congratulations .. I'm am truly impressed by what you have accomplished on the long road you've been down.

Maybe, you'll find something in the index thatI didn't know to look for .. that might be of help.

Chris

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Feb 14, 2013
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IVE WON
by: Patti

I WENT TO CHECK MY ONLINE PAYMENT STATUS(OUT OF HABIT) THEY LISTED MY 22 PAYMENTS!! I CALLED THE
CLAIM CENTER AND THEY MADE THEIR DECISION TO RELEASE THEM.
IT IS NICE TO KNOW THAT YOU WERE WILLING TO LOOK AT MY DOCUMENTS AND I MIGHT TAKE YOU UP ON THAT IF SOMETHING HAPPENS TO HAPPEN DOWN THE ROAD AND I WILL CALL YOU FIRST!!
THANKS SO MUCH FOR YOUR HELP AND KEEP UP THE GREAT WORK!!

Patti



Thanks for letting me know, but this still doesn't make much sense or help your story to be of much use too anyone else that happens upon it.

This is in essence, the purpose of allowing people to ask questions via the website.

But again, thanks for the update and congratulations. I'm sure you're greatly relieved.

Chris

Feb 14, 2013
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Appeal
by: Patti

I won my last telephone hearing by a technicality, judge told me there maybe another hearing and there is an appeal

What do I do now?
What does jurisdictionally defective mean exactly?
the documents that were in the hearing packet had official documents that were flawed(no date- all 0's)
thanks,
Patti
long road
scorned--



Hard to tell you why the flawed documents sent out by the department won't allow the pursuance or a decision of the issue listed on your hearing notice, but those mail dates on all communications from an unemployment agency are relevant to deciding some issues about timeliness of appeals .. was that listed on your hearing notice? Like I told you before .. I'd be willing to review your docs at no charge so I can explain what I think is going on.

Everything has a precise order in unemployment. The ALJ may of thrown out the issue of certifying timely .. because there wasn't a determination or an adequate one to know squat.

Which is precisely how I'm feeling right now .. I can't guess and by golly my way through this unless I can see the documents to figure out what the problem is.

Chris

Feb 13, 2013
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At it again......
by: Anonymous

Hi, It's scorned and Long road, well the update is that I won the case (regarding the back pay) and the failure to certify/register was dropped.

When the hearing took place the judge noticed a typo in the hearing packet paperwork that was sent to me and in my file, regarding mail date. I won, I think on a technicality but I had faxed him 16 documents that proved my case. The hearing lasted 15 minutes tops.

My question to you Chris, I have been told that they are throwing back to the Adjudication Service Office for review and could be appealed.

What am i in for now?
Frazzled



Well, it sounds like you're now waiting on the claims department to issue a new or maybe, a "redetermination" on some relevant issue or another affecting your right to collect the benefits.

Lower level or tribunal hearings are for the express purpose of hearing appeals of determinations made my the claims (adjudication section) department.

If you want me to review that hearing decision and give you a more informed explanation of what I think you can expect .. via a phone conversation, just send me an email and I'll tell you where to fax it and my phone number.

(But since I don't know you by anything else except for Long Road you might reference that in your email so I don't ask stupid questions when responding:))

And ignore all of my ramblings at the top and go straight to the bottom of the page to find the email form .. I'm horrible at building those traffic funnels I'm always reading about .. I really do prefer to talk vs. type.

Chris

Chris


Jan 29, 2013
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LONG ROAD
by: Anonymous

I was only unemployed for a short time, but when I recieved notice of my case being reopened I was employed right through until I was vindicated. It works out to be the first 7 1/2 months after I was let go.
Thanks for the link, It was helpful.

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