NYC Unemployment approved then denied (employee, hearing, appeal, program)

[heretolearn]

Ariadne22,
Yes, this is the first I am hearing about this in writing. I received a phone call the week prior to the determination letter asking why I quit the job. I told them I never quit, I finished the entire school year.

I did wonder why they gave me benefits in July 2015 and then decided to investigate and deny me at the end of December 2015. Thats a long time to determine if you are actually qualified or not.

So, you think I have a strong case for appeal? This is so very upsetting. I provided information at the time I applied that I believed to be true. I never made a false statement to my knowledge.

[Ariadne22]

You didn't quit. Therefore, you didn't make a false statement. Failure to offer a job is not a quit. Employer needs to prove it offered you a job.

I still can't believe NY would stop benefits and disqualify you solely on the basis of an employer statement without further investigation - PRIOR to making the determination. This is odd behavior for NY. Usually NY queries extensively.

Absolutely, appeal.

[heretolearn]

Thank you so much for the info, you have been very helpful!

[heretolearn]

It appears when the employer and employee's statements don't match, they take the side of the employer first.

[Chyvan]

Not necessarily. Anecdotally, the UI people will accept the story that denies the claimant benefits. We have many threads where the employer said nothing and didn't participate in the initial adjudications and the claimant was denied by what came out of their own mouth.

[heretolearn]

I'm thinking I should send the appeal by certified mail/return receipt requested. I know it costs a bit more, but I am feeling very distrustful right now.

[Chyvan]

You can do that, but sometimes you can appeal online, by fax, or phone and get the same proof of delivery that you're seeking. Online, you get an email or confirmation number, by fax, you have the confirmation page, and by phone, you print out your phone record showing that a call was made by you to the UI people.

[heretolearn]

The letter indicates it must be in writing and mailed..., thank you though

[heretolearn]

I filed my appeal and received a notice that they received it and would re-review my case. I then received another notice of determination that said it revises the original determination I received. It went on to say I was overpaid $98.00 (I received about $600) for the period between 7/19/15 and 8/30/15 because I was a school employee and I was in between academic semesters (basically, summer vacation if you work at a school). I still do not agree. I was not offered the job in the Fall of 2015 so I was not a school employee anymore when I finished the job in June 2015. So my question is; do i have to file another appeal and ask for a hearing again or will my original request for a hearing cover this determination as well?
(They didn't even address the period between 9/1/15 and 12/30/15 while I was collecting under the 599 program while in school. I'm guessing this will be a separate determination).

[heretolearn]

They also changed my benefit rate from $114.00 to $100.00 for that time frame.