January 9, 2016 Unemployment No Comments

Losing one’s job is a difficult time for anyone. Among others, employees that are laid off have questions regarding how long he or she will be out of work and how they will be able to afford this period without a steady income. Fortunately, workers have the opportunity to file for unemployment benefits.

These benefits are designed as a temporary safety net for those who have lost their employment, however, qualifying applicants do not always receive benefits without issue. Even though they may meet the qualifications, administrators reviewing the application for unemployment benefits may deem that the applicant is not eligible.

Requesting an Administrative Hearing

If you are denied unemployment benefits, you have a right to request an administrative hearing. The hearing will allow you, the denied applicant, to demonstrate that the denial of benefits was incorrect and that you are entitled to receive unemployment benefits. Wrongly denied benefits are more common than one would think.1 (Note: an employer also has a right to contest any decision in which you are awarded benefits). Although rules vary by state, you must request an administrative hearing within a specific number of days after your denial. Failure to do so can waive your rights to a hearing.

At the Hearing

The administrative judge hearing allows both parties to present evidence to support their claims regarding the award of unemployment benefits. Many states allow the parties to present evidence as well as witness testimony in support of their position. It is imperative that the parties present their strongest case in support of their claim. A skilled and knowledgeable attorney can assist in assembling and presenting the strongest possible case.

After the Hearing

The administrative judge will make a determination on the original administrator’s decision. Depending on the outcome of the hearing, a party may choose to appeal the decision to a higher level.

Contact a National Unemployment Attorney Today

At the Law Offices of Kenneth P. Carp, we understand the complex unemployment system from state to state and can provide important counsel and guidance on how to handle unemployment claims. If you need any type of assistance, please call our office at 636-947-3600 today.

References:

1http://articles.latimes.com/2014/feb/26/business/la-fi-edd-appeals-20140226

Written by kennethpcarplaw@gmail.com