Please help me understand my UI decision status? (employment, appealing, program)
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I had my phone appeal hearing yesterday, my employer showed up for the phone hearing and the only two things they really said were that they tried to contact me several times then he said only one time which he had no proof of when the judge asked him. The other thing is employer claimed that in orientation they told me that if the post i worked at ended it was my responsibility to contact them about getting another post but the judge asked if its was in a packet anywhere but the said NO. Most the question were directed at them. The judge asked me why i didnt contact them and I replied that aBE had told me that hes finding me a site like the text said and been waiting for him to contact me.
- My TWC status still the same nothing has change.
- What are your thoughts about it?
- Thank you.
- Also the judge told me to keep requesting payments as normal.
- my appeal status says complete and decision has been mailed today.
Last edited by touchstone1766; 10-02-2018 at 08:54 AM..
I replied that aBE had told me that hes finding me a site like the text said and been waiting for him to contact me.
The more correct answer was that I DID contact them, and Abe told me . . .
Quote:
Originally Posted by touchstone1766
- My TWC status still the same nothing has change.
- What are your thoughts about it?
- Thank you.
- Also the judge told me to keep requesting payments as normal.
- my appeal status says complete and decision has been mailed today.
I don't know the flow of paperwork in TX. If it's manual like a lot of states, the fact that the decision was mailed could explain why your status hasn't changed because TWC doesn't know the results yet either.
Hi Chyvan I received the Decision letter and I'm not sure if I won?
- DECISION: The determination dated August 23, 2018, allowing benefits without disqualification under section 207.044 of the act, is Affirmed. The chargeback rulling is affirmed.
- The attached decision of the appeal tribunal will become final unless, within 14 days after the date mailed, further action is taken accordance with the instructions contained in this decision.
So I am currently in the process of appealing my Availability issue within Massachusetts.
* * Little back story to whats going on: So I initially applied for benefits back in April 2018 and I was mailed a denial letter on 5/2/2018 because I stated I was in college. (My mistake, I thought accepted meant enrolled...clearly it doesn't) Anyway, I didn't bother challenging the decision at the time because I was starting a new job on 5/7/18. Fast forward... three months into my new career I find out that due to a fiscal budget issue they will be laying off those that have most recently been hired. Long and behold I was laid off on 8/3/18. I have submitted my wages from my recent employer which has certified me eligible and as of today I received a notification in my UI inbox stating an adjudicator deemed my very, very late appeal eligible.
So I guess my questions are, how long before something regarding a phone hearing? Also are availability issues easier to overturn?
I have already submitted verification from the Community College with a certified seal proving I am not nor have I ever been enrolled. When I called the Claim Center to seek clarification on whether I should send that verification the rep chuckled at the fact that I am appealing a one party disqualification. (thus, it just being me attending.)
allowing benefits without disqualification under section 207.044 of the act, is Affirmed. The chargeback rulling is affirmed.
Affirmed means, stays the same. Since you were collecting benefits, you'll continue to collect benefits.
I was so worried for you and the 6 weeks or 6 times earnings requirement, but you did it. No one ever picked up on the fact that you quit, and got rehired and never met the requirement, or maybe it doesn't apply when it's the same employer.
The other stuff you had in your favor was really easy and that's all you had to provide. Good job.
So I am currently in the process of appealing my Availability issue within Massachusetts.
* * Little back story to whats going on: So I initially applied for benefits back in April 2018 and I was mailed a denial letter on 5/2/2018 because I stated I was in college. (My mistake, I thought accepted meant enrolled...clearly it doesn't) Anyway, I didn't bother challenging the decision at the time because I was starting a new job on 5/7/18. Fast forward... three months into my new career I find out that due to a fiscal budget issue they will be laying off those that have most recently been hired. Long and behold I was laid off on 8/3/18. I have submitted my wages from my recent employer which has certified me eligible and as of today I received a notification in my UI inbox stating an adjudicator deemed my very, very late appeal eligible.
So I guess my questions are, how long before something regarding a phone hearing? Also are availability issues easier to overturn?
I have already submitted verification from the Community College with a certified seal proving I am not nor have I ever been enrolled. When I called the Claim Center to seek clarification on whether I should send that verification the rep chuckled at the fact that I am appealing a one party disqualification. (thus, it just being me attending.)
You were supposed to REopen your claim, NOT appeal. You're probably going to lose your appeal at least on the new job/separation aspect.
As to the school and never going, I don't know.
You need more detail.
However, REopen that claim. You should have done it in August. Try to call and do it over the phone so you can request backdating to 8/3/18. You can tell them that when you sent in stubs, it was because you wanted to start claiming UI because you lost your job.
Sorry for the confusion. I did reopen the claim on August 3rd as suggested followed all the online prompts etc.
I guess I’m just frustrated because the college I was accepted into delayed sending any verification stating I never attended, and because they waited so long I was advised to file a Late Appeal. So far the adjudicator decision was eligible for appeal, I’m really hoping that because it’s an availability issue and they have all the documents already attached my claim including my pay stubs, non-enrollment verification, etc. maybe they’ll just dismiss the hearing.
Thank you for your advice and again I’m sorry I wasn’t cleared when I explained my situation. I was so distracted by keeping it short that I forgot some key information.
Yes, you’re accurate. I just got two notifications in my online inbox of an Appeal Acknowledgement & a NONMON Determination stating my Late Appeal was considered eligible due to “Good Cause.” I’m not all that anxious as I should be for the overall hearing process; however I am slightly nervous about what they could ask. Especially since this not a money or termination dispute.
Well thank you for your insight. I’ll keep you posted once the hearing is completed.
They don't always ask you the right stuff. YOU have to be smart enough to know what the issue is, and PROVE your case, and take control if need be.
I had a judge that refused to ask me anything that would help me. She kept saying, "anything else?" She'd have gladly let me say, "no," and then denied me because the evidence wasn't on the record. You just have to know what you are trying to prove, and get the evidence admitted with an exhibit number if it's paper, and then testify to the significance of the item, and what it proves.
You were most likely denied because you thought you were going to go to school and were accepted, BUT you did NOT go to school. Therefore, you prove that you NEVER went to school, and that invalidates the reason for your denial on an "able and available" issue, and then hopefully, they'll let you claim those weeks if you didn't do so when you had the chance OR they will pay those weeks that you claimed and were denied up until the time you got the new job that you got fired from in August.
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I have confusing issue with my claim going on.
