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After the Hearing

After the Hearing
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After the Hearing

What happens after the hearing?  

Shortly after the hearing, the ALJ will issue a written decision based on the testimony and any exhibits (documents, videos, or items) that were made part of the record during the hearing. The decision will include the facts that the ALJ found to be true, and the reason for sustaining or overruling each determination, based on the law. If you do not understand the decision, immediately call the hearing location at the phone number listed on the top of the hearing notice and ask for an explanation. Claimants may call the Claimant Advocate Office toll free at 855-528-5618.

How soon after the hearing will I receive the ALJ’s decision?

The decision will be mailed to you as soon after the hearing as possible. If you do not receive a decision within three weeks, contact the hearing office where you had your hearing (the phone number is at the top of the notice of hearing).

May I submit additional evidence or a written statement after the hearing?

No. The ALJ will make a decision based only on the testimony and exhibits taken at the hearing. You must submit all your evidence before the hearing is closed. You may state why you believe the decision should be in your favor during your closing statement at the hearing.

Is the case over if the ALJ’s decision is in my favor?

Not always. If the other party appeared at the hearing and disagrees with the ALJ’s decision they can appeal to the Appeal Board. If the other party did not appear, the other party may request to reopen the case which may lead to a new decision. The Commissioner of Labor may also appeal to the Appeal Board, even if there was no representative of the Commissioner at the hearing.

Disagree with Hearing Decision?

What if I don’t agree with the ALJ’s decision?

If you were at the hearing and lost all or part of the case, you may file an appeal to the Appeal Board. The decision will contain instructions on how to file an appeal. An appeal must be postmarked or faxed no later than 20 days after the date printed or stamped on the front of the ALJ decision.

The appeal must be in writing. Send a letter to the Appeal Board at PO Box 15126, Albany, NY 12212-5126, or by fax to 518-402-6208. Be sure to include your ALJ Case number in your appeal request.

One or more of the five Board members will review the facts that led to the decision of the hearing ALJ and issue a decision. This is a written process. No further hearings will be scheduled unless the Board decides an additional hearing is necessary.  

What happens after an appeal to the Board is requested?

Once a request for an appeal has been submitted either by you or another party, all parties will be sent a notice of receipt of appeal with instructions about how to request a copy of the transcript of the hearing and how to submit a statement.

 

Request a Transcript

How do I request a transcript of a hearing if I request an appeal because I disagree with the hearing ALJ decision? How will I receive it?

If you disagree with the ALJ hearing decision and have requested an appeal to the Board, you must request a transcript of the hearing within seven days of the date on the Notice of Receipt of Appeal. You can request either a paper transcript, a CD/DVD or email of the transcript which you will receive free of charge.  Paper transcripts will be mailed to you by the US Postal Service. We can email you a copy of the transcript by secure (encrypted) email if you provide your email address when you request a copy of the transcript.

 

To request a transcript of your hearing after you have appealed the ALJ hearing decision to the Appeal Board submit your request in writing to:

 

Unemployment Insurance Appeal Board

PO Box 15126

Albany, New York 12212-5131

or

Fax: 518-402-6208

 

 

How to I request a transcript of my hearing if I do not want to appeal the ALJ hearing decision?

If your hearing has been completed and you do not want to appeal the ALJ hearing decision but still want a copy of your hearing transcript, request a copy of the transcript in writing and include your name, address, telephone number, signature, the case number, and the date or dates of each hearing along with a deposit of $75 payable to the Department of Labor to the address below.  The deposit is non-refundable and will be deducted from the total cost of the transcript.    

Unemployment Insurance Appeal Board

Attention:  Transcripts

PO Box 29002

Brooklyn, New York 11202-9002

Or call 718-613-3500 for fee information and further instructions.

 

The Appeal Board must order transcripts from an outside vendor. The cost is $2.70 per page. The transcription cost is what the Appeal Board must pay to have your recording transcribed.  Depending on the length of your hearing the cost of the transcript may increase. It is best to call the number above to learn more about the costs.

 

If you are a Third Party such as an attorney and want to request a transcript of someone else’s hearing, then please call 718-613-3500 for more information.

 

Submit a Statement

Can I submit a statement without requesting the transcript?

Yes. You may submit a written statement within seven days of the date on the Notice of Receipt of Appeal.

Can I testify again or add anything to the case?

Most of the time there will be no more hearings and the Appeal Board Member(s) will decide the case based on the record from the ALJ’s hearing. Whenever a Board Member decides that another hearing is necessary, a hearing notice will be sent to you. New information submitted by a party on appeal will be considered only if a hearing is ordered by the Board. 

Do I have to submit a written statement?

You don't have to submit a statement, but you should send one if you want the Appeal Board Member to know exactly why you disagree with the ALJ's decision. Two copies of the statement must be sent to the Appeal Board. If the statement is submitted by an attorney, the attorney must provide copies of the statement to the opposing parties and the opposing attorney.

Appeal Board's Decision

How much time does it take for the Board to rule on an appeal?

It will depend upon the time it takes for a thorough review of the case by the Board. If you have not received a decision within three months, call the Board for information.

What if I do not agree with the Appeal Board’s decision?

Within thirty days from the date of the decision by an Appeal Board Member, a party can appeal to the Appellate Division of the State Supreme Court, Third Department. The instructions will appear on the Board’s decision. It is not possible to estimate how soon the Court will decide your case. Please refer to the instructions on the "Notice of Receipt of Appeal to Court" that is sent to you after you appeal to Court.

A party may also apply to the Board within the same time frame for a reopening and reconsideration of the Board’s decision.

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