What happens when you appeal unemployment decision with NYS Department of Labor?
I just got denied for unemployment benefits and I'm thinking about appealing the decision. This is my first time dealing with NYS Department of Labor and I have no idea what to expect if I file an appeal. Does anyone know what actually happens during the appeal process? How long does it take and do I need to prepare anything specific? I'm worried I might mess something up if I don't know what I'm doing.
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Alberto Souchard
The NYS Department of Labor appeal process has several steps. First, you file your appeal within 30 days of the determination date. Then you'll get a hearing scheduled with an Administrative Law Judge, usually by phone. You'll need to present your case and any evidence. The employer can also participate and present their side. After the hearing, the judge issues a written decision which can take 2-4 weeks.
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Nia Watson
•Thank you! Do I need a lawyer for this or can I represent myself? And what kind of evidence should I gather?
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Katherine Shultz
You don't need a lawyer but you should definitely prepare. Gather any documentation related to your job separation - emails, write-ups, schedules, anything that supports your case. Make sure you understand exactly why you were denied and address those specific issues during your hearing.
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Nia Watson
•The denial letter says it was for misconduct but I was laid off due to lack of work. Should I focus on proving that?
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Marcus Marsh
been there done that last year... the hearing was actually pretty straightforward. just tell your story clearly and stick to the facts. the judge asked me questions about what happened and let me explain my side. took about 30 minutes total
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Hailey O'Leary
OMG I'm so stressed about my appeal hearing next week! What if I say something wrong? What if they ask questions I can't answer? This whole process is so intimidating and I keep reading horror stories online about people losing their appeals.
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Alberto Souchard
•Don't stress too much. Just be honest and prepared. The Administrative Law Judge is there to get the facts, not to trick you. Review your case beforehand and practice explaining what happened in your own words.
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Cedric Chung
Had to go through this nightmare twice with NYS Department of Labor. First time I won, second time I lost even though the circumstances were almost identical. The whole system is inconsistent and depends way too much on which judge you get. Some are reasonable, others seem to side with employers no matter what.
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Talia Klein
•That's so frustrating! Did you try appealing to the Appeal Board after losing the second time?
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Katherine Shultz
If you're having trouble reaching NYS Department of Labor to check on your appeal status or get clarification about the process, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me hours of trying to call and getting busy signals.
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Nia Watson
•That's interesting, I've been trying to call for days to ask about my appeal deadline. How does that service work exactly?
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Marcus Marsh
•sounds too good to be true but if it actually works might be worth checking out
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Maxwell St. Laurent
Just want to say good luck with your appeal! I went through this last month and it was nerve wracking but turned out fine. The whole process took about 6 weeks from when I filed the appeal to getting the final decision.
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