Legal Services Program For Individuals
Typically, the decisions and orders that are appealed relate to eligibility and chargeability for unemployment insurance benefits, appealable tax determinations, and other matters.
Program Services Include:
- Up to one hour of free consultation with a LSP attorney regarding your case, and
- If the attorney determines that you have a valid claim or defense, the LSP attorney will also represent you in an appeal hearing and at the Board of Review.
Further Levels Of Unemployment Appeals
Most states allow additional appeals of unemployment claims. If an administrative law judge has denied your initial appeal, some states allow a second level of administrative appeals. If that appeal is also denied, you can appeal the agency’s decision in court.
However, unless the administrative law judge failed to consider a major piece of evidence or testimony or made an egregious error, a state court appeal is not likely to be successful. So before filing a court appeal, consider whether its worth the time and money to do so.
What Unemployment Benefits Am I Eligible To Receive
Under Iowa Code § 96.3.4, an eligible individuals weekly benefit amount for a week of total unemployment is equal to a fraction of their total wages in insured work paid during the quarter of their base period for which total wages were the highest.
- If a person has no dependents, their weekly benefit will be 1/23 of their high quarter wages up to 53 percent of the statewide average weekly wage
- The weekly benefit for a person with one dependent will be 1/22 of their high quarter wages up to 55 percent of the statewide average weekly wage
- The weekly benefit for a person with two dependents will be 1/21 of their high quarter wages up to 57 percent of the statewide average weekly wage
- The weekly benefit for a person with three dependents will be 1/20 of their high quarter wages up to 60 percent of the statewide average weekly wage
- The weekly benefit for a person with four or more dependents will be 1/19 of their high quarter wages up to 65 percent of the statewide average weekly wage.
Benefits are typically available for a maximum of 26 weeks , but additional benefits could be available in some cases. When you return to work and are earning less than your weekly benefit amount, you could still be entitled to partial benefits.
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How Do I File For Unemployment In Md
Have you recently been injured and unemployed because of inability to work? There are options to get compensation! In order to be considered for eligibility, you must fill out a claim as soon as possible. You can file online or through the phone.
You will need access to the following documents:
- Your name, Social Security number, address, phone number
- Dependents names, birth dates, and their Social Security numbers
- Name, payroll address, telephone number, reason for termination of each employer you worked with for the past 18 months
- Proof of alien status if you are not a U.S. citizen
- If you were in the military within 18 months, your DD214
- If you worked for the Federal Government, your Form-50 or SF-8
The Maryland unemployment attorneys at the Law Office of Andrew M. Daniscker have experience dealing with unemployment. If you have any questions regarding the eligibility process, do not hesitate to contact us today!
New Jersey Employment Lawyers Can Help You Appeal An Unemployment Compensation Benefits Determination
Either an employee of employer may appeal a determination from the New Jersey Department of Labor and Workforce Development. The appeal must be filed within 7 calendar days after receipt of the determination or 10 days after the notice of determination is mailed. If you fail to file your appeal within these time limits without good cause, the appeal tribunal may dismiss your appeal.
After an appeal has been filed, a hearing will be scheduled before the appeal tribunal. Both the employee and the employer will be given the opportunity to present their arguments at the hearing and are permitted to be accompanied by legal counsel. If a party disagrees with the decision of the appeal tribunal, the party may file an appeal with the Board of Review within 10 days after receiving the decision. Should a party disagree with a decision rendered by the Board of Review, a final appeal may be made to the New Jersey Appellate Division within 45 days of the date of the decision.
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Unemployment Benefits And Discrimination Claims
Many people do not realize the interconnectedness of unemployment benefits claims and discrimination claims. When you are filing for unemployment benefits, you could also potentially be able to file for discrimination. For instance, wrongful termination often leads to an attempt to claim unemployment benefits.
We will take the additional necessary steps to ensure that you seek the full benefits you are entitled to, either through a legal case against your employer or though the Delaware Department of Labor. As your attorneys, our primary objective is to secure the financial income you and your family need after suffering discrimination or unemployment. We handle cases involving:
- Wrongful termination
- Discrimination based on race, gender, sexual preference, religion, pregnancy or medical conditions
- Denied benefits claims
- FMLA and disability
What Are The Top Reasons People Seek Unemployment Benefits
- You were laid off due to lack of work
- You were fired without good cause
- You quit your job with good cause
- You had to leave your job because of domestic violence
- You needed to quit your job because of a personal reason
- You were fired through no fault of your own
- You were discriminated against
- You were fired for a seemingly minor or absurd reason
- You felt pressured to leave and couldnt continue working
- You were told you would get your unemployment benefits
Do any of these reasons sound familiar? Our unemployment lawyers have secured benefits for people in all of these situations.
What type of unemployment appeal help do you need? If you are not sure, ask our unemployment lawyers.
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Employers Can Contest Your Unemployment Benefits Claim
After you lose a job, you may file an application for unemployment benefits with your state’s unemployment agency. A list of state unemployment agencies can be found on the CareerOneStop website. After this filing, your ex-employer may submit an objection with the agency, arguing that you are not entitled to unemployment benefits. The ex-employer must offer a reason supporting its claim that you are not entitled to benefits, such as that the employer fired you for misconduct. The agency will interview you, possibly hold an administrative hearing, and, ultimately, make a decision either approving or denying your application for benefits. If the agency denies your application, you can appeal that decision. Likewise, if the agency approves your application for benefits, the employer can appeal that decision.
What Can An Unemployment Benefits Attorney Do
When your states unemployment benefits agency denies your claim, you have a right to appeal its decision. Your appeal is heard in an appeal board hearing.Your attorney will make sure your appeal is filed within the time allowed by your state. That is crucial because missing the deadline likely will prevent you from making an appeal.Most people dont understand the appeal process or the rules of evidence. But your attorney will explain these to you and tell you what evidence, such as written records and testimony of witnesses, is needed to convince the hearing officer to uphold your appeal.Getting all your evidence into your appeal is crucial because once you file your appeal you may not be allowed to raise new evidence at your hearing.With evidence supporting your appeal, your attorney will form an argument as to why your appeal should be granted and present your argument at the hearing.
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Am I Eligible For Unemployment Benefits In Maryland
According to the Maryland Department of Labor, Licensing, and Regulations Division of Unemployment Insurance, you must meet the following three requirements to qualify for unemployment benefits in state:
- You must not be at fault for becoming unemployed, according to Maryland law.
- You must have earned at least a minimum amount of wages prior to becoming unemployed, according to a one-year base period .
- You must be available and capable of working, as well as actively seeking employment.
Being out of work through no fault of your own means being fired for lacking the skills to perform your duties, getting laid off, getting downsized for economic purposes, or losing your job in a reduction-in-force . However, if you were fired for misconduct, you may lose eligibility for benefits.
For instance, if simple misconduct was the reason for your termination, you will not qualify for benefits for ten to 15 weeks after being fired. If gross misconduct was the reason, then you must obtain new employment and earn 25 times your weekly benefit amount before qualifying for unemployment. Lastly, if aggravated misconduct was the reason, you must obtain new employment and earn at least 30 times your weekly benefit amount prior to being eligible for benefits.
Our legal team at The Law Office of Andrew M. Dansicker, LLC can evaluate your situation, determine if you are eligible for unemployment, and help you obtain the benefits you deserve.
Filing An Unemployment Appeal For Denied Benefits
In order to appeal an unemployment agency decision approving or denying unemployment benefits, the party who objects to the decision must file a written appeal to the appropriate unemployment appeals board for the state. This written appeal must be filed with the appeals board within the time period specified by the law, regulations, or rules of the appeals board. The time to file an appeal can be quite short . If you want to appeal a denial of benefits and fail to file the written appeal within the deadline, you may lose your right to challenge the denial. An experienced employment lawyer will make sure to file the appeal by the deadline.
After receiving the written appeal, the appeals board will review the relevant documents, including your application, your ex-employer’s objection, and the record of the administrative hearing. At this stage, you and your ex-employer have the opportunity to submit further written arguments to the appeals board. Your ex-employer’s attorney will draft the argument, so your chances of winning the appeal are greatly enhanced if you have a lawyer draft your argument, too.
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File An Unemployment Appeal
You can appeal the denial of your unemployment claim by filing a notice of appeal, or a similar document, with your states unemployment office. Typically, you have a very short period of time in which to appeal. The deadline to file may be between ten and 30 days after you receive a notice of denial from the state.
The exact form of the notice of appeal varies from state to state. in general, you must identify yourself and provide your case or file number. Your state may require you to use a particular form, and to describe the reasons why you contend that your claim should have been granted. If you believe the state made an error, or that your former employer provided inaccurate information to the state, this is your opportunity to state your case in writing.
Has Your Employer Appealed Your Pennsylvania Unemployment Benefits
To avoid losing your hearing, you want an unemployment lawyer with a strong understanding of the legal issues, the ability to clearly articulate and advocate your case, and the knowledge to prevent the experienced employer from taking control at the hearing.
Perhaps you heard through your friends at work that your employer is going to appear at the unemployment compensation appeal hearing. This most often means that your employer is going to appeal your unemployment claim with an unemployment compensation attorney. Your employer will present a binder of reasons, documents, and witness statements only telling its side of the story. The employers unemployment lawyer is experienced and will take advantage of recently terminated employees when they are most vulnerable. In fact, many employers routinely petition to appeal unemployment benefits as a matter of practice. When your employer appeals unemployment compensation benefits, you need to be ready for them to come out swinging.
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When You Might Need A Lawyer For Your Unemployment Claim
Filing for unemployment benefits is usually a relatively straightforward procedure. In most states, you can file your claim online. Check your state’s unemployment insurance agency to find out how to apply. If you were laid off from your job, you probably don’t need to consult with a lawyer about applying for benefits.
However, some situations present issues that are more complicated. For example, if your state allows you to file for benefits if you resigned for “good cause,” you may want to find out if quitting to care for an ill family member qualifies as “good cause.” Or, if you were fired for being late to work, you may want to know if this qualifies as “misconduct,” which would disqualify you from receiving benefits. An employment lawyer in your state will be able to answer these kinds of questions.
You may have already filed and received a denial of benefits from your state unemployment insurance agency. If you are considering appealing this decision, you may want to hire a lawyer to represent you in the appeal.
An appeal of an unemployment insurance denial may involve a hearing before an administrative law judge and could even result in a filing with the superior court. Your former employer will likely have its own lawyer’s assistance at this stage , which can involve preparing a “writ” . Although unemployment appeal hearings are less formal than court proceedings, your chances of winning your appeal are greater if you have legal advice.
How To File An Appeal When Your Unemployment Claim Is Denied
Unemployment insurance provides benefits to people who are out of a job and looking for work. Each state administers its own unemployment insurance system, with help from the federal government. In order to obtain benefits from your states system, you must demonstrate that you meet the eligibility criteria. If the state denies your claim, you have the right to appeal that decision. Most states have a very short deadline for filing an appeal, so you must move quickly.
This article will outline the common features found in most states unemployment insurance systems and the procedures for appeal. You should investigate your own states system further before filing a claim or appealing a denial.
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Reasons Why An Unemployment Claim Might Be Denied
If your claim was denied, it might be because your state determined that you failed to meet one or more eligibility criteria. Here are some of the most common reasons you might be found ineligible for unemployment:
- You are not currently able to work. In order to collect unemployment, you must be able to work. If you can’t work for due to illness or injury, you might be eligible for other benefits, such as temporary disability insurance.
- You’re not available to work. The state most likely will not approve a claim for unemployment benefits if it concludes that you intend to take time off from work, even if it is for a noble purpose like spending more time with family.
- You were fired for cause. Unemployment benefits are available to people who are out of work through no fault of their own. This might include layoffs, reductions in force, business closures, and other events that do not involve any wrongdoing on your part. If you were fired for serious misconduct, you probably won’t be eligible for unemployment.
- You quit or resigned voluntarily. In most cases, you won’t be eligible for unemployment if you left your last job of your own free will. However, some exceptions applyfor example, if you quit due to workplace harassment.
- You don’t meet the earnings requirements. Each state requires you to meet minimum earnings or hours worked requirements to qualify for unemployment.
The Unemployment Telephone Hearing
There are three appeal steps with Unemployment. The first is a written appeal to ODJFS, the second moves the case to the Unemployment Compensation Review Commission for a hearing that is typically done by telephone and the third is an appeal of the hearing to the UCRC. In almost every case, the telephone hearing is both the best opportunity to obtain a win and the final opportunity.It is important to obtain representation before the telephone hearing because there may be little that can be done after the hearing.
What Happens After I Submit My Application For Unemployment Benefits
It will usually take several weeks for your application to be processed, but you must continue to file weekly claims even while your application is being processed. These weekly claims have to be filed on time, and you should also make sure to complete your record of work search as required on page 30 of the Iowa Unemployment Insurance Handbook.
Appealing The Denial Of Your Unemployment Insurance Application
The laws that govern unemployment in California can be complex. As a result, many employees have a difficult time obtaining unemployment benefits California or California unemployment insurance. With the California unemployment rate on the rise, this could mean that many former employees may experience problems handling their unemployment benefit claims and unemployment applications. Contact an experienced labor lawyer at Blumenthal Nordrehaug Bhowmik De Blouw LLP for free legal advice about filing for unemployment in California to help you determine your eligibility for unemployment benefits. Our unemployment lawyers offer free initial consultations for all employment law issues. Often times when employees call our labor law offices in San Diego, San Francisco, Los Angeles, Sacramento or Riverside for free legal advice about unemployment insurance appeals.
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