Can I appeal again after denied appeal unemployment - how many days do I have left?
My unemployment appeal was just denied and I'm trying to figure out if I can appeal this decision again. The hearing officer ruled against me last week and now I'm not sure what my options are. Does anyone know how many days I have to file another appeal after getting denied? I really need this unemployment money and feel like they didn't consider all my evidence properly. Is there a second level of appeals I can go to?
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Aisha Ali
Yes, you can appeal the hearing decision to the Appeals Board. You have 30 days from the date of the hearing decision to file your appeal to the NYS Department of Labor Appeals Board. This is your final level of appeal within the unemployment system before you'd have to go to court.
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Mateo Gonzalez
•Thank you! Do I need new evidence or can I just argue that the hearing officer made the wrong decision based on what was already presented?
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Ethan Moore
The Appeals Board appeal is more limited than your first appeal. They mainly review whether the hearing officer followed proper procedures and applied the law correctly. You can submit additional evidence but it has to be something that wasn't available during your first hearing. Make sure you file within those 30 days - that deadline is strict.
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Yuki Nakamura
•I missed my 30 day deadline last year and they wouldn't even look at my case. Don't make the same mistake I did.
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StarSurfer
ugh this whole process is so stressful!! I'm going through something similar and can't get through to anyone at NYS Department of Labor to ask questions. The phone lines are always busy and when I do get through they just tell me to check my account online which doesn't help at all
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Carmen Reyes
•I had the same problem trying to reach someone about my appeal. I ended up using Claimyr (claimyr.com) to get connected to an actual NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.
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Andre Moreau
Wait so there's only 30 days? That seems really short especially if you're trying to gather more evidence or figure out what went wrong in your first appeal.
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Aisha Ali
•The 30 days starts from when you receive the hearing decision, not when the hearing happened. But yes, it's a tight deadline which is why it's important to start working on your Appeals Board appeal right away if you plan to file one.
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Oliver Fischer
Just want to add that when you file your Appeals Board appeal, make sure to clearly explain why you think the hearing officer made an error in their decision. Focus on legal or procedural issues rather than just disagreeing with the outcome. I've seen people get better results when they can point to specific parts of unemployment law that weren't applied correctly or if proper procedures weren't followed during the hearing. Good luck with your appeal!
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