A hearing is a proceeding held by a neutral Administrative Law Judge for the purpose of getting the facts to decide if a determination made by the Department of Labor is correct or not. Hearings are held through the Virtual Hearings Center at vhc.uiab.ny.gov. In the hearing, the claimant and the employer may give testimony and present documents in support of their positions. If possible, email or fax supporting documents to the UI Appeal Board contact information on your hearing notice no later than 3 days before your scheduled hearing. Sometimes, a representative from the Department of Labor will also be at the hearing.
Hearing requests must be in writing. Speaking to a representative on the phone is not the same as a hearing request. You should be specific about the determination you disagree with to make sure everything that you disagree with is included in your hearing.
A request for a hearing must be postmarked, faxed, or sent electronically within 30 days of the date printed on the initial determination. If you are late in making your hearing request, you may lose the opportunity to have the Administrative Law Judge hear the facts of your case. If you are asking for a hearing after 30 days, you must explain why you are filing the hearing request late. There are limited circumstances where an Administrative Law Judge may extend the time to file a hearing request.
The Claimant Advocate Office provides free, impartial, and confidential services that help claimants understand their rights and responsibilities under Unemployment Insurance Law. They can help if you:
For information about your benefits, you need to contact the Telephone Claims Center at (888) 209-8124 during the hours of operation: Monday - Friday 8:00 AM - 5:00 PM or following the instructions at the Unemployment Insurance Contact page.
If you do not disagree with the Notice of Determination but cannot afford to pay back the amount listed there, you should contact the Department of Labor about other repayment options, such as paying the amount back over time or waiver options. For more information, contact the Telephone Claims Center at (888) 209-8124 or for hearing impaired individuals (888) 783-1370 or contact the Department of Labor using your NY.Gov ID.
If you never applied for unemployment insurance benefits and received a Notice of Determination from the Department of Labor, you may be the victim of identity theft. You should contact the Department of Labor to notify them of the problem. You should also request a hearing for the Notice of Determination that you received to protect your rights.
If you receive a new Notice of Determination after you asked for a hearing, read the instructions provided on the notice carefully. You may be required to make a new hearing request on any additional determinations you disagree with. Follow the instructions on the Notice of Determination about when and how to ask for a hearing.
According to the Labor Law, no one has the right to interfere with your claim for benefits. To file a complaint, call 888-4-NYSDOL and choose the option for Labor Standards or ask to be connected to the Labor Standards Division.
Hearings are scheduled Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. (EST). You cannot request a specific day or time. If there is a specific date or time that you are unavailable for a hearing, you should include this information in your request for a hearing with an explanation of why you are unavailable.
Yes. If you are seeking benefits, you should continue to certify for benefits, both before and after the hearing, or if you appeal to the Appeal Board or to the Court. If you fail to certify you could lose your benefits. You should follow all instructions you receive from the Unemployment Insurance Office.
The Administrative Law Judge hears the case and makes a written decision on the correctness of the Notice of Determination. The Administrative Law Judge will conduct the hearing by asking questions of the parties and their witnesses (who must swear or affirm to tell the truth) and considering any relevant documents that are accepted into evidence.
The Administrative Law Judge can answer questions about how the hearing works and explain the issues they will decide. The Administrative Law Judge is not your lawyer or representative and cannot help you decide how to present your case.
The Administrative Law Judge is not allowed to speak to a party before or after the hearing. If you have questions about the hearing date, the hearing procedure, or want to request a postponement, you should contact the staff at the hearing office at the phone number at the top of the hearing notice. The staff at the hearing office may not provide you with advice about your case.
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Whether you have already opened a small business or are considering doing so, business insurance is probably at the front of your mind. Having the proper types of insurance and the right amount of coverage is essential in order to protect yourself, your employees, your customers or clients, and your assets. Deciding what you need does not have to be overwhelming.
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As an investment adviser, Jason operates as an independent fiduciary, helping people build a successful retirement and bringing over 20 years of experience to Synergy Group. He holds a Bachelor of Arts from Pennsylvania State University, where he graduated summa cum laude in advertising and public relations with a concentration in business and economics.
Jason has conducted numerous workshops over the past 15-plus years. He has been featured in many media outlets, including Fox Business, MSNBC, The Investor News, PCNC NightTalk, U.S. News & World Report and KDKA. Jason is a host of "Laux on Your Retirement" radio show.
A former displaced Pittsburgh steelworker, Roy brings more than 30 years of experience in the investment and insurance industry to Synergy Group. Since 1988, he has helped thousands of pre-retirees and retirees develop successful retirement strategies through his simple, yet powerful, approach.
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