How To Withdraw An Appeal For Unemployment

Continuing Payment Requests During The Appeal Process

You are responsible for meeting all of your unemployment benefits requirements during the entire appeal process.

It is very important that you continue submitting your payment requests on schedule. We can pay you only for the weeks in which you submitted timely payment requests and met all the other requirements. Continue submitting payment requests until you return to work full-time.

How Can I Arrange For Witnesses

Contact and ask the witness to testify. The best witness is one who was present and has personal knowledge of the facts. A witness who was present at an event is much better than one who was told about it by someone else. If possible, each party and their witnesses should be at the same location for the hearing. If a witness cannot be at the same location and must be contacted at a different telephone number, provide the witnesss name and telephone number to the Appeals Referee or hearing official whose name and telephone number appear on the Notice of Hearing. Instruct the witness to be available at the scheduled hearing time and to remain available until dismissed by the Appeals Referee or hearing official. The Appeals Referee or hearing official cannot call your witnesses before or after the hearing. The Appeals Referee or hearing official can only contact your witnesses during the hearing, when all parties can hear what the witness has to say and have a chance to ask questions about the testimony.

What Is An Appeal

An appeal is a written statement contesting or challenging a determination, decision or opinion issued by an adjudicator, Appeals Referee, or the Board of Review. You do not need to use any special form in order to file an appeal, but the content of the appeal and the way you file the appeal may be different depending on the type of determination or decision you are appealing. See the text of the determination or decision itself for specific information on how to file an appeal and the deadline for doing so.

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What You Need For Withdraw A Board Of Review Appeal

The appealing party may withdraw an appeal that is pending before the Board of Review through UI Online, or by submitting a letter to the Board. A letter must include:

• A statement that you wish to withdraw your appeal to the Board of Review
• Names of the worker and employer
• Claimant ID number
• Issue ID number
• If you are an employer that has filed the appeal, also include your DUA employer ID number

Labor And Industrial Relations Commission

The party that loses as a result of the Referee’s decision has 30 days to appeal that decision to the Labor and Industrial Relations Commission. DES also may appeal the decision to the Commission.

The Labor and Industrial Relations Commission generally does not hold another hearing. Instead, it makes its decision based on a review of the entire record created at the hearing before the Referee.

The Commission may affirm, reverse, or modify the Referee’s decision. The Commission also may send the case back to the Referee for further proceedings if the record is inadequate.

The party that loses at the Commission level may appeal to the appropriate Court of Appeals within 30 days of the Commission’s decision. DES also may appeal the Commission’s decision.

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If Oah Selects You For A Telephone Hearing

If OAH determines that your appeal is not a good candidate for a BAP, the OAH will:

• Schedule a telephone hearing.
• Send you a Notice of Hearing with the date, time and instructions for the hearing. You will need to call in by phone.
• Send copies of your file to all parties involved in your appeal. These parties include you, your witnesses and any interested employer.

After you receive the Notice of Hearing, you can use the OAH Participant Portal to track the status of your appeal.

If you did not get a Notice of Hearing but believe OAH has received your appeal, contact the OAH Call Center at 800-366-0955.

If you have additional information

While your appeal is pending, you may still resolve the matter by working with ESD. We can make a redetermination up to 48 hours before your hearing. Due to a backlog of appeals, working with ESD might resolve your issue faster.

If you needfree legal help

You may hire a lawyer. If you cannot afford a lawyer, free or low-cost representation may be available. Here are some resources:

• Office of Civil Legal Aid – OCLA website
• Unemployment Law Project call toll-free 888-441-9178 or online at www.unemploymentlawproject.org
• CLEAR call toll-free 888-201-1014 or online at www.nwjustice.org/get-legal-help
• Your local county bar association may be able to assist.

What to expect from your hearing

If you dont attend the hearing, the judge may rule against you.

What happens after the hearing

If the Initial Order goes in your favor

Preparing For The Hearing

General information

All appeal levels above the hearing level use the record from the hearing to make their decisions. As a result, it is IMPORTANT to bring and present all relevant information at the hearing. Because you may get only a few daysâ notice that your hearing has been scheduled, it is very important to begin preparing the case right away.

Representation

A party may choose to have an attorney or other representative assist at the hearing. If a party plans to have an attorney or representative at the hearing, the party must notify the hearing office as soon as possible of the name, address, and telephone number of the attorney or other representative. Include dates that the attorney or representative is unavailable for a hearing.

Preparing your case

Prior to the hearing, it is helpful to prepare notes of the facts involved in the case for reference during the hearing. Because notes are used only to refresh the memory of the note taker, individuals should not expect to read aloud from them as testimony, nor is it likely that any of these hearing preparation notes will be marked as exhibits by the appeal tribunal. Each party should also write down questions for the other party and important points he or she wishes to make to the appeal tribunal.

Witnesses

The appeal tribunal cannot decide an issue solely on hearsay evidence, that is, evidence not within a witnessâs own personal knowledge.

Exhibits

Medical evidence

To see a sample UCB-474 form, see Appendix B.

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Common Reasons For Denial

Voluntary resignation from the job

The basis for offering unemployment compensation is to provide financial support for unemployed workers who lose a job due to involuntary reasons such as layoffs. If the claimant resigned from the job due to voluntary reasons, they will deny.

Asked to leave due to underperformance/misconduct

There are situations when the employer terminates the job of the employee due to reasons such as misconduct or substandard performance. Losing job under such circumstances can go against the claim at the time of processing.

Application does not meet the norms

There are many eligibility conditions the application has to pass through such as minimum income requirement and continuity in employment during the Base or Alternate Base Period. If these conditions are not met, it will be an outright reject. In the backdrop of strict norms, its paramount to understand the criteria and apply accordingly to save time and efforts.

Is It Important To Be On Time For My Hearing

Yes. You should make every effort to be on time for your hearing. For telephone hearings, make sure that your telephone is working, and the line is open and available for incoming calls. The Appeals Referee or hearing official will call you within 10 minutes from the scheduled start time. For in-person hearings, you should arrive at least 15 minutes before the start time of the hearing.

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How Long Will My Hearing Last

Hearings are typically scheduled for one hour, but additional time may be allowed for cases with multiple participants or complex issues. If your hearing requires more than the scheduled time, the hearing may be adjourned and completed at a later date and time. If you know that you will bring multiple witnesses or a large number of documents to the hearing, you may request that additional time be allowed for your hearing.

One Hour Before The Hearing

For telephone hearings, you must register a phone number where you can be reached no earlier than one hour but preferably no later than 15 minutes from the hearing start time listed on the notice to ensure all parties are registered.

You can give us your phone number in one of two ways:

• Register online at C2T Online Registration and follow the instructions on that website. You will need your Case Number.

If you do not register for your telephone hearing on time, you may not be allowed to participate in the hearing.

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More Info For Appeal Your Unemployment Benefits Decision

Hearings Department procedures

In order to determine the facts of the case and make a fair decision, you will be assigned to an impartial review examiner who has no knowledge of the case aside from reading the file documents. This impartiality ensures that all parties have a fair hearing with an adequate opportunity to present relevant testimony and documents.

If you miss the 10 day deadline to file your appeal

If you miss the deadline, you may still ask for an appeal. We will review your request and decide if there was a valid reason for the delay. If you had a valid reason, we will approve your request and give you a hearing date. Otherwise, we will deny your request for the appeal, and you will have the right to appeal the denial.

You have the right to have a lawyer

If you want a lawyer at your hearing, you must find and hire someone as soon as possible. To find a lawyer, you may contact your local bar association or a legal advocacy organization. Well provide you with contact information for legal assistance organizations when you file an appeal. You can also find the same information under the section at the bottom of this page.

Approval of attorney’s fees

If you are a claimant and you hire an attorney to represent you in a DUA matter, your attorney must submit a request for approval of attorneys fees before your attorney can bill you. Please note that the Hearings Department and the Board of Review have separate processes for reviewing fee approval requests.

Faq: The Appeals Process

Here are answers to frequently asked questions about what happens when you disagree with a determination and file an appeal.

I have a telephone hearing scheduled. What do I need to do?

Make sure you read the instructions on the hearing notice. You are required to call the telephone number on the hearing notice to register your participation in the hearing no later than 3:00PM the business day prior to your scheduled hearing. For more information on Appeal, .

I missed my appeal hearing. What can I do to reschedule?

You must request a new hearing in writing. Be sure to include your docket or social security number. Requests to reopen an appeal can be emailed to , faxed to 292-2438, or mailed to PO Box 936, Trenton, NJ 08625-0936.

Should I claim my weekly unemployment benefits if I am appealing a determination?

Yes. If there is an issue with your claim that must be resolved before benefits can be paid, or if you have been denied benefits and are appealing the determination, you must still claim your weekly unemployment benefits for credit while the appeal is pending. If it is determined that you are eligible or if you win your appeal, you will be paid these benefits at a later date. If you have not claimed benefits and you win your appeal, you will not be paid for any weeks that were not claimed while the appeal was pending.

Will I still receive benefits if my employer files an appeal of my unemployment claim?

If an appeal decision is not in my favor, what can I do?

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If I Do Not Appear At The Hearing What Will Happen

If you appealed the determination, no hearing will be held, and your appeal will be dismissed. If you are not the appealing party and you do not appear, the hearing will be held without you. The Appeals Referee or hearing official will make a decision based solely on the evidence presented during the hearing. NOTE: The appealing party will not automatically win the case if the non-appealing party fails to appear for the hearing.

What Happens If I Am Late For The Hearing

If you are late for a telephone hearing, you may not be able to join the hearing after the Appeals Referee or hearing official begins. If the Appeals Referee or hearing official is unable to reach the appealing party by phone within 10 minutes from the start time of hearing, the appeal may be dismissed. If a non-appealing party is not available at the scheduled phone hearing within the first 10 minutes from the hearing start time, the phone hearing may begin without it. If an appealing party is 10 minutes late for an in-person hearing, the Appeals Referee or hearing official may dismiss the appeal and allow the other participants to leave. If you are late for your hearing and are unable to participate, you may have to appeal the Appeals Referee or hearing official’s decision and request a new hearing.

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Scheduling Conflicts And Notice Of Hearing

Scheduling conflicts

When you file an appeal , contact the hearing office immediately to notify it of scheduling conflicts in the coming month, such as a pre-planned trip, convention, medical appointment, court date, etc., for any intended witness or representative. The hearing office cannot promise any specific date and time, but it may be able to schedule around the conflict or arrange to take testimony of witnesses by telephone.

Do not wait until the hearing notice is received to notify the hearing office of scheduling conflicts. Also, keep in mind that parties are expected to make the necessary arrangements to attend the hearing, including taking time off from work or school.

Once the hearing has been scheduled, postponements are grantedonly for exceptional circumstances. A postponement must be requested as soon as the need for the postponement becomes known.

Notice of Hearing

A hearing will be scheduled by one the UI Hearing Office . A hearing is usually scheduled within a few weeks after an appeal has been filed.

The hearing office mails parties a Hearing Notice at least 6 days in advance of the scheduled hearing. This notice contains important information you will need to know about the scheduled hearing, including:

• the date, time, and location of the hearing
• whether the parties will appear in person or by telephone
• the issue that will be addressed at the hearing.

To see sample hearing notices, see Appendix B.

Hearings Before The Appeals Tribunal

Most appeals hearings take place over the phone, but parties have the right to request an in-person hearing. All parties to the appeal are provided an opportunity to participate in a hearing. The Referee will take evidence and sworn testimony regarding the issue under consideration. The hearing is “de novo”, which means that the Referee hears the matter from the beginning and that the parties must present evidence to the Referee even though such evidence had been previously given to the deputy. The information that the Referee hears is most often about the circumstances surrounding the claimant’s separation from employment. The parties have the right to have legal representation at the hearing and also to present witnesses. The hearing is recorded. The recording, together with the case file containing the documents entered into evidence, becomes the official record of the hearing. The Referee issues a written decision, which contains his/her findings of fact, conclusions of law, and decision.

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What Should I Put In My Request For A Subpoena

Your request must be in writing and must include the:

• name of the party requesting the subpoena
• claimants name
• docket number of the case
• name, address and telephone number of the person you want to appear for the hearing
• specific identification of anything sought, including a detailed description and where the item is presently located, including the name and address of the person in possession and
• statement of why the testimony or evidence to be subpoenaed is important to the case.

1227902 Dismissal Following New Ground Of Rejection In Examiners Answer

Appellant failed to timely respond to the examiners answer mailed on that included a new ground of rejection. Under 37 CFR 41.39 , if an examiners answer contains a rejection designated as a new ground of rejection, appellant must, within two months from the date of the examiners answer, file either: a request that prosecution be reopened by filing a reply under37 CFR 1.111 or a request that the appeal be maintained by filing a reply brief under 37 CFR 41.41, addressing each new ground of rejection, to avoid sua sponte dismissal of the appeal as to the claims subject to the new ground of rejection. In view of appellants failure to file a reply under 37 CFR 1.111 or a reply brief within the time period required by 37 CFR 41.39, the appeal as to claims is dismissed, and these claims are canceled.

Only claims remain in the application. The appeal continues as to these remaining claims. The application will be forwarded to the Board after mailing of this communication.

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