text stating deadline to appeal

After the Hearing

After the Hearing

What happens after the hearing?  

Shortly after the hearing, the Administrative Law Judge will send you a written decision based on the testimony and any exhibits  that were made part of the record during the hearing. The decision will include the facts that the Administrative Law Judge found to be true, how the Judge applied the law to the facts, and the Judge's ruling on each determination by the Department of Labor that is connected to the hearing. 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 Administrative Law Judge’s decision?

The decision will be mailed to you as soon after the hearing as possible. If you do not receive a decision within two 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. You and/or your representative or attorney should present all of your evidence and legal arguments at the hearing. The Administrative Law Judge 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. Post-hearing briefs are not accepted.

 

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 Administrative Law Judge'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 hearing and 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. You will be notified of any new request or any appeal in your case.

 

The Administrative Law Judge ruled in my favor. When will I get my benefits?

If you have questions about your Unemployment Insurance benefits, please contact the Telephone Claims Center at (888) 209-8124, Monday through Friday 8:00 AM - 5:00 PM. You can also send a secure message through your NY.Gov ID or mail a letter to:

        New York State Department of Labor

        PO Box 15130

        Albany, NY 12212-5130

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 Administrative Law Judge 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 Administrative Law Judge Case number in your appeal request.

A Board member will review the facts that led to the Administrative Law Judge's decision 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 I appeal a decision?

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 appeal the Administrative Law Judge's decision? How will I receive it?

If you disagree with the Administrative Law Judge's 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 a CD or email of the transcript which you will receive free of charge. 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 Administrative Law Judge 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

If you are unable to open the email or the CD, contact the Appeal Board for assistance.

 

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

If your hearing has been completed and you do not want to appeal the Administrative Law Judge 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 on Appeal

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 the Appeal Board will decide the case based on the record from the Administrative Law Judge’s hearing without holding any more hearings. If the Board 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 agree or disagree with the Administrative Law Judge'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 any 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 Appeal Board for information at (518) 402-0205.

 

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

You may appeal to the Appellate Division of the State Supreme Court, Third Department. Appeals must be made within 30 days from the date of the Appeal Board’s decision. To appeal, mail a written notice to:

        Unemployment Insurance Appeal Board
        PO Box 15126
        Albany, New York 12212-5126

You may also apply to the Board within the same time frame for a reopening and reconsideration of the Board’s decision. This does not extend your time to file an appeal with the Appellate Division.

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