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My Appeal Hearing Postponed Right in The Middle

by Gary
(Houston, TX)

Kris,


We talked on the phone last Friday, I am the guy from Texas with a very aggressive co-worker that brought guns to the office.
Your advise was very good! I got all my ducks in a row and felt pretty good for the start of the hearing, which was this afternoon.
The appeal started, the Hearing Officer got all the misc stuff out of the way, entered documents into evidence then asked me what happened. I talked a little bit then he started asking questions. I testified for close to an hour and then he suddenly claimed we were out of time and the hearing would need to be continued. I had 2 witnesses scheduled and we got to neither of them.
This really threw me for a loop.
The company had a lawyer handling their side along with the Controller. So it seems I spilled my side of the case and now they have 3 or more weeks to prepare based on my testimony.
I'm looking forward to what the lawyer is going to do to me. (ha ha)
Got any advise?

Gary


The H.O must have been running late.

Advice .. just get those witnesses lined up for the next time around.

Did you learn anything at all about what the employer will be arguing?

If you're lucky .. maybe your witness list will discourage the employer from attending the next hearing.

Was it an actual lawyer or a third party administrators hearing rep?

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Apr 24, 2010
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Not Yahoo but YeeHaw
by: Gary

Not Yahoo but YeeHaw


That's right .. I remember now .. YeeHaw .. there's been a lot of old Clint E. westerns on lately:))

Apr 24, 2010
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Texas Denial Reversal
by: Gary

Chris
Here in Texas we say Yahoo, WooHoo must be what you guys up north use. Its been 19 or 20 weeks, I've been filing ever two weeks with 18 weeks due. I have not received the first check. So I am hoping I get paid without waiting on any further action.
Gary

Apr 23, 2010
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Follow Up
by: Gary

Chris,
I had the 2nd half of the appeal on Tue, 20th. I thought everything went well but I was unsure how the hearing officer would rule. Got the letter on Thursday 22nd (WOW it came fast) reversing the denial. Gave the reason that I had good cause to quit. Your help was invaluable in preparing me for the hearing. THANK YOU SO MUCH! Now I'm waiting the 14 days the employer has to appeal the appeal. Being the pessimistic person I am, I am expecting them to do this, so just further delays in getting a check.
Gary


Wooo-Hooo!! That's what they say in TX .. isn't it? :)) I completely understand your reluctance to count your chickens yet .. that would be me too.

Now, I'm just trying to figure out how to move your comment to my lonely testimonial page so I can engage in shameless self-promotion of my consultation services:)

Congratulations Gary!!

Oh, and by the way, They should not stop sending checks just because the employer appeals a hearing decision. The board would have to vacate or reverse the hearing decision to stop payment of benefits.


Mar 26, 2010
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Texas Appeal Hearing
by: Gary

Chris,

There was no testimony from the employer so no help there.
The guy was a lawyer and while introducing himself he had handled claims for both sides. There was also about 5 min of discussion by the HO at the beginning that the guys name sounded familiar but had no recollection of any dealing with him. Just towards the end of the call I did ask the HO if I could ask the company if they would just like to drop their objection to my receiving benefits. I think the HO thought this was funny but he said it was not the company's decision to make. So anyway the saga continues. I will post back in about 3 weeks how it goes.



He probably thought it was funny because it's your appeal. The only thing the employer can do at this point is not appear for the hearing next time.

This hearing will take place because it is your appeal of the "state's decision" to deny benefits.

If you're lucky, your testimony may encourage that lawyer to convince the employer it would be beneficial to just keep their mouths shut and stay out of it .. not necessarily due to any concerns about you getting benefits, but due to the fact that anything they put into this record might be fair game for another action .. by one of your witnesses ...

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