If a party asks a question regarding the appeal procedure, the Hearing Officer should answer it, but questions regarding claims or tax matters should be referred to the appropriate departments where more knowledgeable persons can respond. Questions should be framed in language that the witness understands. Issue: whether the claimant has child support obligations which are being enforced pursuant to a plan described by Section 454 of the Social Security Act that has been approved by the Secretary of Health and Human Services under Part D, Title IV, of the Security Act and are properly deductible from unemployment insurance benefits. Even if the claimant earned more than 125% of his weekly benefit amount that week, he still filed a valid initial claim since he was unemployed on the day he actually filed his claim. Introduction to the Unemployment Benefits Appeal Process Appeal Hearing Officer Handbook - Table of Contents Appeal Hearing Officer Handbook - Hearing File Viewing Information On this page: 300 Opening the Hearing 301 Use of Interpreters 302 Oaths and Affirmations [Section 202.043] 303 Representation of Parties 304 Fees for Representing a Claimant Will you have any witnesses or observers today [Get the names and applicable information]? Copies of those may be obtained from the state office. "Improper benefit" means the benefit obtained by a person because of the nondisclosure or misrepresentation by the person or by another of a material fact, without regard to whether the nondisclosure or misrepresentation was known or fraudulent; and while any condition for the person's qualifying was not fulfilled in the person's case; or the person was disqualified from receiving benefits. Discuss these print outs with the claimant during the hearing and admit them into evidence to show what wage amounts he actually reported.) Sometimes the claims examiner will include the date in their notes; sometimes they don't. Usually, they are mailed a letter to report to the service center for reemployment services. Because the position of a Hearing Officer at a hearing is one of a disinterested investigator seeking to gather all pertinent facts, and because of the underlying social purpose of the unemployment compensation law, no procedural burden exists upon the parties to a hearing in the sense that such a burden ordinarily is imposed upon litigants in courts of law. If yes, did the employer receive the notice at the address to which it was mailed? These ending dates are referred to as the Benefit Week Ending date, or the BWE. The second issue we will be addressing is [if chargeback is at issue, state "whether any benefits will be charged back to the employer's account as a result of this claim"]. Fact Pattern: Claimant discharged for fighting with co-worker. Notes taken during a hearing will help the Hearing Officer to remember all points that should be covered in the decision, but if there is any question concerning the evidence, the Hearing Officer should review the record of the hearing to assure that his/her decision is accurate. Is he still currently working there? Refusal To Accept or Apply For Suitable Work. Did he contact the claims office? When did he receive it? The Hearing Officer should not announce the decision on the good cause issue at the conclusion of the special hearing on that issue. How was he told he was to file his CCs? was progressive disciplinary policy, if any, followed Law Cite: Section 214.003 of the Act provides that if, by willful nondisclosure or misrepresentation of a material fact, by the person or for the person by another, a person receives a benefit when a condition imposed for qualifying for the benefit is not fulfilled or the person is disqualified from receiving the benefit, the person forfeits the benefit received and right to a benefit that remains in the benefit year in which the nondisclosure or misrepresentation occurred. If questions are suggested by a witness himself, the Hearing Officer should make appropriate notes for the further interrogation of that or other witnesses. Parties to a telephone hearing are directed by the hearing notice to call in to a designated number during the 30 minute period prior to the scheduled hearing time. In such case, you should ask if the claimant cashed the benefits checks that were mailed to him? Commission records reflect we mailed the claimant a booklet from the TWC entitled, "Unemployment Insurance Benefits Information" on _______________. A forfeiture or cancellation is effective only after the person has been afforded an opportunity for a fair hearing before the Commission or its duly designated representative. what were the other responsibilities of claimant at the time In some cases, work as an independent contractor may be named as the last work on an initial claim. Since terminology has changed, it no longer matches the terminology in the . Issue: whether the claimant quit due to family violence or stalking. Disclosure, appeal, and transparency requirements Qualifications of reviewer Other provisions Applies to: AL Ala. Code 1975 27-3A-5 2 business days of receipt of request and all necessary info received Plan must complete the adjudication of appeals in 30 days. If this occurs, and the parties for the next scheduled hearing have called in to participate, the prior hearing must be continued and the next scheduled hearing begun on time. When did the party receive the hearing notice? During the explanation of the hearing procedures, the Hearing Officer must advise parties of the right to have witnesses placed under the Rule, i.e., excluded from the hearing except when giving their testimony. adverse publicity to employer (small town/large city) 90-12054-10-120190 might be applicable. Make sure you admit this into evidence.) If claimant did not notify, why not? The parties' titles or positions (e.g., attorney, witness, supervisor, plant superintendent) should be listed on the folder for use on the coversheet of the decision. When is/was the claimant attending school? The examiner's decision becomes final 14 days from the date the examiner mails the notice unless before that date the employer mails to the Commission at Austin a written appeal from the examiner's decision. Did the claimant work during the time he filed for unemployment from _____ through ______? Who will act as the employer's primary representative? If yes, when? Telephone hearings are conducted through telephone conference equipment. Potential length of the continuance, number of witnesses or possible exhibits, and the complexity of the case are all factors to be considered in converting an in-person hearing to a telephone continuance. Had the party notified the TWC that the address had changed? The Hearing Officer should not solicit a closing argument, but should a party request the opportunity to make one, it should be allowed. What was the employer's intent in giving this money to the claimant? The Hearing Officer should not ask questions that call for conclusions, such as: "Was claimant intoxicated?". Note: The AT can take jurisdiction on an untimely appeal to an open period ineligibility fourteen days prior to the date of the appeal. The Hearing Officer must take charge and cause witnesses to speak up and to enunciate clearly. was the claimant told off duty violations could jeopardize his job Claimants who file on-line or through the Tele-Center are specifically told about their responsibilities regarding work refusals.). The Appeals Council emphasized Novitas's What was he told? admissions or witnesses Wage Reduction Quit/Proximity Of Incident To Resignation. Have there been any subsequent court orders which have changed the amount of child support the claimant was ordered to pay? If the hearing officer gets an older case, the hearing officer may need to check and see if the claimant registered. was it with a coworker or supervisor what is employer's disciplinary policy and was it followed was the sentence deferred adjudication Remember, failure to respond to the Notice of Unemployment Insurance Claim Filed (DE 1101CZ) means: Employer is not entitled to receiving a Notice of Determination/Ruling. was there a demonstrated prior ability to meet standards did claimant have right to take the vacation at another time It is the duty of the Hearing Officer to see that testimony of each witness is exhausted as nearly as possible before the next witness is questioned. did the claimant plead guilty and when Party conversations should be properly documented in the case folder. Does the person testifying know when the mail was picked up on the particular day the appeal/petition was mailed? If you decide to rule the claimant did not have reasonable assurance, you MUST set up an investigation by creating a case on the work separation. Former President Donald Trump won the state by a margin of 15 points in 2020, and Republicans have a sizeable majority in both chambers of the state legislature.. In telephone hearings, it is not necessary to have the parties raise their right hands, but the oath will be given in otherwise the same manner as the in-person hearings. How did it happen? Did he read them? how much longer could claimant have worked before reduction the policy? Impairment Income Benefits (IIBs), permanent partial disability When did the claimant file his claim for benefits? The danger in our practice is that the parties themselves do not understand the meaning of the word "hostile" and sometimes become incensed to the point of demanding a postponement. Did the claimant read that booklet? Find out what time the employer generally mails correspondence. If yes, when did the claimant receive the letter? To see the answers for any other affected CCs, you'd type in the next BWE date, and press enter. Law Cites: (Timeliness of Appeal) Section 212.053 of the Act provides that an examiner's determination is final for all purposes unless the claimant or the person, branch, or division for which the claimant last worked files an appeal from the determination not later than the 14th calendar day after the date such determination was mailed to the claimant's, person's, or branch's last known address as shown by Commission records. At times, however, more time than that allotted will be needed to complete the hearing. It is also dangerous to refer to an individual who is about to testify as a "hostile witness". Where was his last job located? Should anyone challenge your authority to render summary judgments as discussed here, you should identify this Section of the Handbook as the source of your authority in this area. (You can't order the instructions that were sent to your particular claimant, but you can send a blank form to him for the hearing, have someone from the UI Policy and Support Services Department testify in the hearing about it, and then admit it into evidence. In that case, instruct UISS to change the name of the LEU and mail a new claim notice to the correct employer. The hearing is being recorded. It will not be necessary to include introductory remarks regarding the underlying issues in the case nor to offer any detailed description of hearing procedure other than simply to state that both parties will have an opportunity to offer testimony and evidence or ask questions of witnesses during the hearing. Equal opportunity is the law. Was the initial positive conformed with a GC/MS test? If the reporting ineligibility has never been closed and the claimant appears for the hearing, the ineligibility should be closed as of the Saturday of that week. Providers may appeal decisions on denied claims, such as denial of a service related to medical necessity and appropriateness. When did the claimant start school? "Improper benefit" means the benefit obtained by a person because of the nondisclosure or misrepresentation by the person or by another of a material fact, without regard to whether the nondisclosure or misrepresentation was known or fraudulent; and while any condition for the person's qualifying was not fulfilled in the person's case; or the person was disqualified from receiving benefits. If approved, and if Roe v. Wade is overturned, the state's Republican lawmakers who currently hold a supermajority in the Legislature are likely to pursue abortion bans similar to Oklahoma, Texas and other Republican . What name/company did the claimant give at that time as the place where he last worked? (You can check the CTAH screen in the mainframe Benefits system (or Claimant Info in the Appeals Benefits system) to see if the claimant filed any address changes. Avoid asking questions containing a negative pregnant (e.g., "Did you destroy the record on Tuesday, June 15, 1993?". For example, a party that loses its motion to compel . If you have the correct name and address of the last work, you should NOT void the claim. did her work ever meet the employer's expectations Did the party normally receive mail at the address to which the hearing notice was mailed? Should the claimant prove that he did, in fact, contact the claims representative before the deadline, then the two filing ineligibilities should be reversed. why was there a shut down (for whose benefit). It is not proper for the Hearing Officer to ask leading questions unless dealing with a dull or reluctant witness. If no, why not? Did the system tell him he needed to contact the claims office? what reason did the claimant give the employer for not meeting standards? Is the claimant willing to quit school in order to accept a full-time job? Only the Hearing Officer controls the record of evidence. We are back on the record. Where did the employer mail it? how was her health affected The Hearing Officer should permit only one person to speak at a time. If a tape recorder is being used, the Hearing Officer should turn on the tape recorder when beginning to place the conference call to connect the parties to the hearing. What was the claimant's filing day? When did he receive it? When was the claimant paid? In some cases it must be necessary that an independent investigation be conducted before a decision can be made. Each party should be given ample opportunity to fully present evidence relevant to their case. Even though the employer may have nothing to offer on these issues, dismissing the employer can create the appearance of unfairness. How long did he work there? The Hearing Officer should tell the parties not to base their arguments on facts not in evidence. Click workforce staff log-on, then enter userid (generally 3-digit id) and password. Law Cite: Section 201.011(1) of the Act provides that "Base period" means: Prior to filing the initial claim, had the claimant suffered/experienced an injury, illness, disability, or pregnancy? With Roe vs. Wade overturned, this August, Kansas becomes the first state to vote on abortion rights. If the person for whom the claimant last worked has more than one branch or division operating at different locations, the Commission shall mail the notice to the branch or division at which the claimant last worked. Were the payments for prior services? Some principles of good listening are as follows: Stop Talking. Simultaneous interpretation should be used only where special equipment is available to record both speakers. If the party received the notice at a different address, at what address was it received? when was next pay period How many days did the party think it had to appeal/petition to reopen? "Following today's hearing, I will be issuing a written decision that will be mailed to you. (hours of the day and days of the week), (If the claimant is restricting the days or hours he is available for work, you will need to make arrangements in advance of the hearing to obtain testimony during your hearing from an expert in the claimant's labor market. Information contained in the affidavits which is adverse to the interest of the opposing party should not be used in reaching a decision unless the opposing party has had an opportunity to rebut the evidence in the affidavit. had claimant been advised previously that pay might be reduced in future You have 30 days to appeal a determination or redetermination. If the protest was hand delivered, on what date was it delivered? If it appears the employer should be covered under the Act, and liability has not been established, an e-mail should be sent to the tax department to investigate. If it's not in the file, you will need to print the address from either the mainframe Benefits system or the Appeals Benefits system and send that print-out to the parties for the hearing. The Hearing Officer should make every effort to continue hearings to one of their office days. Did the claimant have reasonable assurance he will be performing the same services in the upcoming term? did employer advise claimant that failure to report could jeopardize right to benefits To whom did he speak? Check the front page of the hearing notice and the back of page 1 to find all addresses to which the notice was mailed. After final statements, the Hearing Officer should advise the parties that: The parties will receive the Hearing Officer's written findings and decision by mail. To alleviate any problems with who said what, testimony should be taken entirely in the foreign language. What period did the payments cover? As of when? prior incidents and warnings Did the claimant call by the deadline date? On another note, you need to check to see if the Tele-Center has issued any reversal determination. (Different sections in the booklet address this issue. The Hearing Officer should raise his/her right hand and look directly at the parties while administering the oath. Also if the witness is not permitted to finish the statement, it will appear in the transcript that the Hearing Officer has cut him/her off. Issue: whether the claimant should be disqualified for the receipt of wages in lieu of notice. Has the claimant used illegal drugs since coming to work for the employer? You can find this information by checking the CMCL screen in the mainframe Benefits system or by checking the Correspondence tab in the Appeals Benefits system. If yes, how long has he been willing to do this? If they object, due to a previously scheduled conflicting matter, the hearing should be promptly reset using the normal e-mail procedure in the regular scheduling process, after determining from the parties when they would not be able to participate. If a witness is not available by phone after repeated efforts, the Hearing Officer normally should proceed without the witness. Chapter 29 - Appeals of Claims Decisions . (If the CC was not timely filed) When was the claimant supposed to have filed that CC? What does it say about reporting earnings when filing continued claims? If no, was the party having any trouble receiving its mail during that time? Explain in writing why you disagree with the decision or write . was the claimant required to inform the employer of any violations (on or off the job) The Hearing Officer should exercise caution and make sure there is a real issue to be investigated before creating a case. Virtual Assistant, Apply for Unemployment Benefits & Request Payment, Learn About Unemployment Benefits & Appeals, Learn About Vocational Rehabilitation Services, Vocational Rehabilitation Business Relations, Vocational Rehabilitation Services, including Blind Services (VR), Independent Living Services for Older Individuals who are Blind (OIB), Post Jobs & Find Employees at WorkInTexas.com, Other resources from Employer Commissioner, Vocational Rehabilitation Providers' Resources, Vocational Rehabilitation for Youth & Students. The "Unemployment Insurance Benefits Information" booklet that is mailed to the claimants also addresses this issue. 10.0 - 9.0 Superb; 8.9 - 8.0 Excellent; Lifetime Income Benefits (LIBs), total, permanent disability At a hearing before a Hearing Officer, neither party has the burden of establishing a specific contention or of overthrowing a claims examiner's determination. If yes, why didn't they appear? Follow the instructions for sending an appeal. The Reporting determination rules the claimant did not report to the Commission to provide necessary information, and it imposes an open period ineligibility that may or may not have been closed by the time of the hearing. Law: Section 207.044; Section 207.045; Section 207.052, how much notice was given (greater than two weeks) From the mainframe Benefits system, you can print off the BPCS screen or you can print off the responses for the individual claims by typing an R in the Action column to the left of the CC from the list on the BPCS screen and pressing enter. In some cases, the person answering the phone tells the Hearing Officer that the party is not available. What were the hours offered? If the claimant registered after the ineligibility was imposed, the ineligibility was closed. when did school start Occasionally it is apparent that a witness' testimony will be difficult to understand because of a heavy accent, speech impediment, etc. There may be cases where good cause has been established, but the non-petitioner failed to appear at the single-issue good cause hearing and now wishes to contest the good cause ruling. The following points should be kept in mind in obtaining a satisfactory recording of a hearing: The recording is to preserve the testimony. If the claimant is using direct deposit, continue and advise the claimant to submit his bank records as evidence. why did claimant not personally notify employer (if applicable) (a) An individual is not disqualified for benefits under this subsection if: Issue: Whether the claimant received benefits to which the claimant was not entitled. You should send an e-mail to our Fraud Prevention, Collections and Detection Department and explain the facts of your case and that the claimant may have intentionally misrepresented his last work so that that department can conduct a possible fraud investigation. What information about this claimant did the employer provide? What type of work has the claimant done in the past? IMPORTANT NOTES: The Triplets occur when a claimant files claim certifications on Tele-Serv and answers one, or more, questions with an answer that requires the Commission to get more information. How is the mail handled You can see the earnings reported by the employer by accessing the Benefit Payment control Earnings Audit screen (PCEA) on the mainframe. You might need to print this screen off, send to the parties, and admit it into evidence during the hearing.) It cannot be used for preauthorization . Did the claimant receive any payments from the employer for any period after his last day? (if filing on-line) what were the terms of the probation and the actual date he/she filed the initial claim)? Discharge For Altercation With Co-Worker. Check the EMF to determine whether employer has been determined to be liable. (Different sections in the booklet address this issue. Equal Opportunity Employer/Program If the hearing is lengthy and appears likely to continue for an extended period of time, the Hearing Officer may order brief recesses at reasonable intervals. The control of the hearing should, at all times, rest with the Hearing Officer. The opportunity for both parties to add testimony should not be combined in one question. Is that true, [state claimant's name]? (The claimant would also have received a coversheet with that booklet that would have told him he had 7 days from the date the booklet was mailed to him to register for work.) Was he told at that time that in order to be eligible for benefits, he would be required to be available for full-time work? how long had she worked under those conditions before quitting Explanations of the most frequently used sections of the. Does the USPS pick it up or does a company employee mail it? where did the fight occur Copies of the records should be mailed to the parties for a continuances, and the claimant should be confronted with the records. When prepping these types of cases, you will need to see what the claimant answered during the applicable Tele-Serv session so you will know why he was asked to contact the claims office. Once the Notice of Assessment has been served, the Appeal Tribunal no longer has jurisdiction and the appeal must be dismissed. You have the right to present testimony, documents, and witnesses. Did he receive in the mail a booklet from the TWC entitled "Unemployment Insurance Benefits Information"? when was reduction effective It should be explained that good cause is not an issue at the present hearing, and that all issues will be addressed in the appeal decision. Fact finding statements should be entered and claimant questioned about the answers (was this information accurate at the time of the statement.) IMPORTANT NOTES: These determinations are misnamed. When is the claimant available for work? Where has he worked? What were his preferred hours and pay? When does school end? What date was he to report? how did she not meet standards Remember to ask the parties for objections before you admit the statement and to obtain waiver from them if you haven't sent the statement to them for the hearing. (Section 201.091(d) of the Act applies only in case where the initial claim is filed on or after September 1, 1997. If checking tape quality or changing tape sides, the Hearing Officer must secure party concurrences that no discussion of the case took place while off record. had claimant ever relocated for employer in past When there has been more than one previous non-appearance, the Hearing Officer should address this problem differently depending on whether the case involves consecutive nonappearances by the present petitioner or alternating nonappearances by the parties. You will also need to check the employer's protest if it's in the file to see if the employer wrote in the address where it wanted the determination to be mailed. Employer cannot appeal the EDD's decision. Most employer earning reports are made on-line. (if filed on web) It should be clear that the interpreter is neutral and is not to represent either party. (You may need to obtain the confirmation sheet and admit it into evidence.) If a person attempts to obtain or increase a benefit by a nondisclosure or misrepresentation, the Commission may cancel the person's right to benefits that remain in the benefit year. Why didn't the claimant register by the deadline he was given? were proper progressive disciplinary procedures followed Click job seeker at top of next page. If the Hearing Officer finds from information in the file that the hearing should never have been scheduled (e.g., the determination was not adverse to the appellant, the document identified as the appeal was not really an appeal, etc), the Hearing Officer should cancel the hearing. You can find the booklet on the agency's website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf . Did claimant reapply when released? Per hour? The interpreter should not give a personal interpretation of either the question or answer. According to Appeal No. The term "party" includes the claimant and the employer. An individual who is partially unemployed and who resigns that employment to accept other employment that the individual reasonably believes will increase the individual's weekly wage is not disqualified for benefits under this section. and The oath should be administered in a manner indicative of a solemn undertaking. What was he told? However, in some cases, the claimant may have contacted the Tele-Center, but the claims representative failed to remove the contact request. All participants are instructed not to prompt the testimony of anyone and not to refer to any documents that haven't been previously been disclosed. The mainframe Benefits screen to see if the employer had a designated address for claims filing purposes is CMDA. If such person does not mail or otherwise deliver the notification to the Commission within 14 days (prior to September 1, 1997, 12 days) after the date notice of claim was mailed by the Commission, such person waives all rights in connection with the claim, including rights under Subchapter B, Chapter 204, other than rights relating to a clerical or machine error as to the amount of the person's chargeback or maximum potential chargeback in connection with the claim for benefits. Amounts he actually reported., at what address was it received should raise his/her right hand look! Was it delivered a satisfactory recording of a service related to medical necessity and appropriateness the upcoming term from state... Officer should not give a personal interpretation of either the question or answer to reopen any payments from the office. The party received the notice of Assessment has been served, the Hearing.! 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