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I still don't understand your whole situation because of the 599 program and the multiple jobs. Please type in all the words from the determination.
Also, type in what you actually submitted for your "appeal." A "re-view" of your case sounds more like you received a REdetermination. Did you actually have a hearing, with you, the employer, and a hearing officer all on the phone together or in a conference room? If not, you might very well have to appeal again.
1. You see, I started collecting unemployment in July 2015 and then I decided to go back to school. I just assumed I would have to cancel unemployment. Then the case worker for the labor department (it's our local workplace) told me about the 599 program so I applied and started receiving that benefit when I started school at the end of August 2015.
2. Letter dated 3/3/16. "Notice of determination. Revises the determination of 2/1/2016. You are not eligible for the Period beginning 7/19/15 and ending 8/30/15. Reason - you were a school employee."
"Notice of determination for over payment. As a result of the determination, you have been overpaid benefits of $98.00.
Reason: You did not accept the benefits in good faith because you said you were not in between academic semesters".
3. The appeal letter I wrote said: I am requesting an appeal hearing on the determination dated 2/1/2016. I do not agree with the decision.
4. I have not had any type of a hearing. The only thing I received prior to the revised determination was a letter dated 3/1/16 that said they received my hearing request and they were going to conduct further fact finding. It said "we will notify you if we issue a new determination". Which they did.
I'm kind of guessing I am going to have to appeal the revised determination because I still do not agree with their decision.
When sending the request for an appeal hearing, is it ever advisable to state your defense? Or is just stating "I disagree with the decision" the better way to go?? If so, why? Thank you in advance.
"I disagree with the decision" the better way to go?? If so, why?
That.
Because:
At this point, I don't think you know just what the right answer is, and saying an incorrect answer now will lock you in, and if you do come up with the bulletproof answer just before your hearing, it may no longer work.
Example: You say you disagree with the decision because the new job paid less than you were getting on unemployment. Then when you find that's a loser argument, you change your story to the pay was less than prevailing for that type of work that's a winner. The judge is free to accept what you wrote the first time and say, "quitting a job because it pays less than your UI benefit is not good cause." You lose.
It tips off the employer. If the employer is out to get you and you say in your appeal, "I wasn't offered work in the next academic year." The employer then brings to your hearing a letter and a witness that then claims all the next year employees received, they personally gave you your copy, but they don't know why you're saying otherwise, and make you look like liar. The judge is free to believe the employer's version over yours whether it's true or not. You lose.
The letter is not the place to testify anyway. If you write a winning letter, and don't appear at your hearing, you lose because the evidence (your testimony and documents) will be excluded from the record. If you write a weak letter (one that only gets you a hearing), you can win if you provide the right evidence at the hearing.
I believe that too many people have wasted so much time on these appeal letters for all the wrong reasons and then were late with their appeal REQUESTS. There's people that have posted letters they wrote that looked like they took hours. It's a waste of time. It will NOT win your hearing.
twice now I have asked for a hearing and all that is happening is I keep receiving a new determination that basically keeps saying the same thing only worded a little differently. Is anyone else out there having trouble getting a hearing scheduled in NY State?
Chyvan and/or Ariadne22:
Help!!
After the third letter asking for a hearing, I just received another re-determination. They keep saying I am not eligible because the school I worked at offered me a position for the next academic school year. They never did. I am going to keep demanding a hearing, but what if the school comes up with a bogus back-dated letter indicating they did offer me a job?
I wrote, "Please schedule a hearing". I guess I was too nice??
I will try all caps in next letter. Thanks
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appeal letter
