How to Appeal a Denial of Unemployment Benefits in New York
When you apply for unemployment benefits in New York state or any other state, there is a chance that your original claim will be denied. New York state sends out a Notice of Determination of Ineligibility or Disqualification to denied applicants explaining why an application was denied. The determination also provides information on appealing the decision. The end result of an appeal is either having your claim approved or the denial of benefits upheld.
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Instructions
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Mail a letter to the New York state Department of Labor requesting a hearing immediately, as the request must arrive at the department within 30 days of their sending your determination letter. Include your social security number and the reasons you disagree with the determination in your correspondence. Send the letter certified mail if at all possible so you have a receipt proving both shipment and delivery.
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Wait for acknowledgment of your request from the Department of Labor. You will be provided with a hearing date, place and time for an appearance before an administrative law judge.
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Prepare for your hearing by reviewing information in your Department of Labor case file, gathering documents supporting your claim for unemployment benefits and interviewing potential witnesses who can verify the information you provide to the Department of Labor.
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Attend your hearing. It is important to arrive early and present yourself to the court as professionally as possible while firmly stating your case and answering questions asked of you by the judge and your employer.
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Wait for the judge's ruling. You should receive a Notice of Decision in the mail within three weeks.
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Determine if the judge's decision is satisfactory. If it is not, you can appeal again and have your case sent to the Unemployment Insurance Appeal Board. The Department of Labor must receive your request for this appeal within 20 days.
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Wait for contact regarding your appeal in the form of a Notice of Receipt of Appeal. This notice explains the appeal board's process and provides instructions on submitting additional written statements to the board. The appeal board makes their decision without a personal appearance from you or your employer.
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Determine whether or not you agree with appeal board's decision. If you do not, you can appeal by mailing an appeal request to the board that will arrive within 30 days of their mailing you their decision. Your case is then transferred out of the Department of Labor to the Appellate Division of the State Supreme Court, Third Department.
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