If you disagree with a decision we've made about your unemployment benefits, you can appeal that decision. Make sure you familiarize yourself with these statements so you can question the parties about any inconsistencies between the statements and what their testimony is in the hearing. were there any witnesses (if so, who) what was incorrect Issues: Whether the claimant or someone on the claimant's behalf willfully failed to disclose, or misrepresented, material facts Law Cite: Section 207.041(a) of the Act provides that benefits are not payable to an individual based on services performed in an instructional, research, or principal administrative capacity for an educational institution for a week beginning during the period between two successive academic years or terms, or under an agreement providing for a similar period between two regular but not successive terms if the individual performed the services in the first of the academic years or terms, and there is a contract or reasonable assurance that the individual will perform the services in that capacity for any educational institution in the second of the academic years or terms. Issue: whether or not the claimant should be held ineligible for benefits for failure to participate in or complete reemployment services when referred. Parties may be less likely to complain of what they may perceive as arbitrary conduct, and you may save yourself some hearing time, if you have somewhat prepared the ground by your order of proceeding. What was the person's name? However, when the non-English language is being spoken, the interpretation into English will be done consecutively. Was there any way of knowing? Law Cite: Section 212.006 of the Act provides that benefits paid to a claimant that are not in accordance with the final determination of an examiner or decision of an Appeals Tribunal, the Commission, or a reviewing court shall be refunded by the claimant to the Commission, or in the discretion of the Commission, deducted from future benefits payable to the claimant under this Act. (Check the system to see when the claimant actually talked to someone. 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. 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. These guidelines also apply to notes that might be typed by the Hearing Officer during the hearing. If yes, is that still the correct mailing address? Often times, the claimant will contact the Tele-Center after he receives the determinations. what was the charge Could it have been misdirected to another company department? If yes, when? Law Cite: Section 207.045(d)(5) of the Act provides an individual shall not be disqualified if the individual left work because of an involuntary separation as described by Section 207.046 Although the Hearing Officer may be acquainted with parties or party representatives as the result of their participation in hearings in other cases, the Hearing Officer should avoid any undue demonstration of familiarity which might give any other hearing participants the impression that the Hearing Officer may be biased in his/her conduct of the hearing or the decision in the appeal. Extraordinary care must be used under adverse conditions. If so, what was the claimant offered? The term "party" includes the claimant and the employer. If claimant gives the Hearing Officer a change of address, it is the responsibility of the Hearing Officer to enter the new address into the benefits system. Where was his last job located? (If the claimant was offered work) Was the claimant offered a job by ______ (company) on ________ (date)? 80-2881-CA-0781 in TPU 20.10 and Appeal No. The state office will attempt to anticipate the length of time required for each hearing. Enter Hearing Details, click Next. If it has been closed, this would need to be taken into account in developing the record and writing the decision. Even though the employer may have nothing to offer on these issues, dismissing the employer can create the appearance of unfairness. Where good cause for the prior non-appearance is found and the case is reset, the Hearing Officer should wait until the underlying issue(s) has been heard and then rule on all issues, including the Rule 16 petition, in one decision. The following questions should be directed toward the UIPSS witness.). Unless subject to one of the work search exceptions under Commission Rule 28, such claimants must register for work with the employment security agency of the state in which they reside in order to meet the eligibility requirements of 207.021(a)(1). If the claimant denies receiving the benefits at issue, this situation should be handled in the same manner as outlined in Section 319.32. The claimant is to furnish the information to a claims representative, not the Hearing Officer. - whether, given the days and hours the claimant is attending school, the claimant would be likely to find a full-time job in the area.). A party must be given an opportunity to confront any adverse evidence and to give rebuttal before the evidence can be used in a decision. Section 207.053(b) of the Act provides that an individual is not disqualified under this section unless the person for whom the individual last worked made available to the individual the facilities, equipment, training, and supplies necessary to permit the individual to take reasonable precautions to preclude the infection of the individual with the communicable disease. In 2017, D&G received a fully favorable decision from the Medicare Appeals Council, which reversed the overpayment determination. If he made none, why didn't he make any contacts? Cordless phones can create problems as the signal is not as strong and the recording is frequently not as clear. You can submit the appeal or dispute to Humana immediately or wait until later and submit it from your appeals worklist. What did they discuss? If the claimant moved, did he notify the TWC that he had moved? Hearing Officers should never indicate their disbelief of testimony or the reasonableness of a party's actions. If yes, when? You may need to send these screen print-outs to the parties for the hearing, and you may need to admit into evidence the print-outs and the employer's protest during the hearing.). Timeliness Of Appeal and Petition to Reopen. To what address? The Final Judgment Rule (sometimes called the "One Final Judgment Rule") is the legal principle that appellate courts will only hear appeals from the "final" judgment in a case. how often did claimant have to report 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. Could you please look at the claimant's answers for BWE ________? 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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 was an illness or other disability, what type of illness or disability was it? How many contacts was he supposed to make per week? [Check the tape quality.] Did he report his earnings on his continued claims? The Hearing Officer should be liberal in deciding what might be considered adverse to a party's interest. Severance Pay Versus Wages In Lieu Of Notice. What was the claimant's filing day? If the employer received the notice at a different address, at what address did the employer receive the notice? What did he do there? The Hearing Officer should not mail duplicate decision copies to parties. In what capacity did the claimant perform services? - his or her qualifications to present testimony about the claimant's labor market (if he or she is familiar with the labor market and how he or she became familiar) (The claimant's request to use an alternate base period will be disallowed if the claimant filed his/her initial claim more than 24 months after the date the illness, injury, disability, or pregnancy began or occurred.). Did he receive any confirmation showing he had registered? 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. If a witness is unavailable, the Hearing Officer may proceed without that witness as long as the Hearing Officer has made a reasonable effort to contact the witness. advised by a doctor to quit How? common practice is a prerequisite for filing an Administrative . The disqualification continues until the individual has returned to employment and worked for six weeks, or earned wages equal to six times the individual's benefit amount. did claimant try to resolve conflict in any other way Witnesses will unconsciously imitate the Hearing Officer. Precedents: See VL 135.35 ; VL 210.00; VL 515.05; possibly MC 390.20; possibly MC 300.05; possibly MC 300.25. If there is an original timeliness issue involved, that issue should also be covered in the single-issue hearing. Specifically ask the claimant if those are the answers he provided on that claim, and ask him about any of the questionable answers he gave. 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 was the deadline by which he had to register? Once the Notice of Assessment has been served, the Appeal Tribunal no longer has jurisdiction and the appeal must be dismissed. Was the chain of custody maintained? Once you file a claim for unemployment benefits, the state unemployment agency will review the information you provide, talk to your past employer, and possibly interview you (most likely by phone). (You can check the BPCH screen in the mainframe Benefits system or the Call History tab in the Appeals Benefits system to see all the calls the claimant made to the Tele-Serv system. did claimant notify employer of event At a mailbox or a post office? Your petition may be hand-delivered to the drop box at the Tax Court, which reopened on July 10, 2020. What was the type of job offered? No Hearing Officer will be required to exercise such authority even in cases in which, from hindsight, it appears that summary judgment should have been rendered. Whether the employer filed a timely protest to the Notice of Maximum Potential Chargeback. To look at the answers in the mainframe Benefits system, you will need to know the Saturday ending dates of the weeks in question. If no, why not? Has the claimant used illegal drugs since coming to work for the employer? "Do you solemnly swear that the testimony you are about to give in this case will be the truth, the whole truth, and nothing but the truth?". If the information about the correct LEU is not available, the initial claim should be disallowed, and the determination on separation and/or chargeback should be voided. Did the claimant do what he is accused of doing? Fact Pattern: Claimant quit because her work was adversely affecting her health. (Section 201.091(d) of the Act applies only in case where the initial claim is filed on or after September 1, 1997. was alternative work available Under no circumstances should a Hearing Officer permit "bullying" or intimidation of witnesses; nor should the Hearing Officer engage in any such practice. Voices should be "projected" rather than loud. All testimony at a hearing should be under oath or affirmation and all hearing interpreters should submit to a special oath or affirmation for interpreters. Did the party read the hearing notice? A proper form of oath for parties and witnesses is: A proper form of oath for interpreters is: Representatives of parties (attorneys, accountants, union business agents, etc.) What is the length of the claimant's unemployment? Hearing Officers should not proceed to run a prior hearing into the time allotted for the next hearing. Recently, benefits have been paid through a debit account or by direct deposit. This would be the first packet that contained the fact finding statements, employer protest, appeal document, and any other documents obtained during the investigation. The designations A06 or A11 indicate the NOA has been served. However, at no time should the Hearing Officer permit note-taking to interfere with the conduct of an effective hearing. However, if the opposing party presents a surprise issue, the Hearing Officer should consider a continuance if the witness is not available. Any party wishing to introduce a document for admission as an exhibit for the record in a telephone hearing must, prior to the hearing, fax or mail copies of the document to the Hearing Officer and the opposing party. The Hearing Officer should be courteous and helpful to all concerned but should not discuss details of the case prior to the hearing or unduly delay the commencement of the hearing. These improper payments continued for more than five months until the claimant's entitlement was recalculated and an overpayment established. See. Mailing of a notice under this section to the correct address of the person, branch, or division for which the claimant last worked is notice of the claim to the person. Did the employer read the notice? was other work available You may need to make copies of those pages, send them to the claimant (and the employer if one was notified of the hearing), and admit them into evidence during the hearing.). The Hearing Officer should permit only one person to speak at a time. If no, why not? What was claimant's job? If the employer is the petitioner, you will need to check the CMDA screen in the mainframe Benefits system to see if the employer had a designated address for claims filing purposes. What kind of trouble? Call that number to see if you can arrange for someone there to provide labor market information in your hearing. prior warnings What were the hours offered? Care should be taken in these cases to carefully explain to parties (if appropriate) that the last work does not necessarily have to be in "employment". Did he speak to someone? Issue: whether the claimant is between school terms and has reasonable assurance that services will be performed in the upcoming school term. He or she should simply advise the parties that he/she will review the evidence in the record and if it is concluded that the petitioner did not have good cause for nonappearance, a written decision so ruling will be issued to the parties. When? Certification of tapes is optional. Is the claimant currently or has he been in the past disabled? For each claim week, you will need to have the claimant provide testimony about: When did his disability begin? Enter the Social Security number or last name of the applicant you want to appeal, click Search. was anyone injured or any property damage If we say yes, we'll approve the agreed-upon coverage within 14 days of getting . There was no such reversal in this case. How many days did the employer think it had to protest? I have checked the quality of the recording and found it to be adequate. If the Appeals Department is aware ahead of time, the hearing will be scheduled with an interpreter provided by the Commission. Did the claimant have reasonable assurance he will be performing the same services in the upcoming term? Whether the claimant received benefits to which the claimant was not entitled. The witness should be required to answer definitely the question before proceeding to the next question. (such as a letter) If the claimant contends that the claimant did not receive the benefits in the debit account, continue and get the debit records from the state office. In many cases a decision can be reached only after interpretation of a labor-management agreement, house rule, personnel policy statement, etc. What does the booklet say will happen if a claimant does not report his earnings? If the employer didn't receive the notice, how did the employer learn that a claim had been filed? what are the particulars of the insurance policy The written decision should state the reason for non-attendance and whether you are finding the claimant had "reasonable cause" or not for failure to participate. agency These points should be explained to the interpreter on the record at the time the oath is administered. did employer take corrective action When a witness placed "under the rule" is called for testimony, the witness should be reminded on record that he or she is still under oath. I am Hearing Officer Smith, and I'll be conducting the hearing today. What is his level of education? 853-CA-73 in TPU 80.15). After logging in, select your claim and navigate to the "Decision" status tab. At any time after he filed the claim for benefits, did he get injured or become sick? 3027-CF-76 in AA 160.30, the ineligibility may be reversed if the claimant had a "reasonable excuse" for failure to report. Those persons should be advised that current state law has removed the requirement that the fees be approved by the Commission. If the alleged profane or vulgar language is a part of the separation itself, it must be allowed to come in. What was his salary or pay rate? How often was he supposed to pay? If the claimant earned more than that amount during each week in question, he will not be eligible to receive any benefits for those weeks. From the Appeals Benefits system, you can print the screen under the Certifications tab. Law: Section 207.044; Section 207.45; amended but not recodified Section 5(a), Precedents: MC 135.30; VL 135.05; VL 495.00, reason services were no longer needed [Have the claimant state his/her address, repeat it, and ask for verification that you repeated it correctly.]. If yes, when? Will you have any witnesses or observers today [Get the names and applicable information]? In between the last day the claimant worked for that person/company and the actual date he filed his claim, did he work anywhere else? Each party should be given ample opportunity to fully present evidence relevant to their case. Unable to reach a party. The listener cannot know the importance of the statement if it cannot be understood. A question may require rephrasing one or more times until its meaning is clear. An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process. prior incidents and warnings (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. The claimant was erroneously credited with base period wages from an employer for which the claimant never worked. The Tele-Serv script and filing instructions are available if needed. Was the claimant under a doctor's care? was the claimant required to inform the employer of any violations (on or off the job) Fact Pattern: Claimant discharged for excessive absenteeism. They ruled only on whether or not the claimant registered for work with the Commission and if he did so in a timely manner. It may be necessary to contact parties who have no particular interest in the case. Each new voice coming onto the record must be identified by referring to the party by name. If the hearing notice shows availability as an issue to be covered, double check the NMDL screen in the mainframe Benefits system or the Overview tab in the Appeals Benefits system to see if there is another determination correctly ruling on availability. Questions should be framed in language that the witness understands. If the job offered for the upcoming term is different, what are the terms and conditions of the offer? would the claimant have come to work if knew would be fired? (If a business) Establish the employer's mailing routine: where was new location It is only through such an understanding that the parties will have an adequate basis for deciding whether to initiate a further appeal. Any party to the appeal who fails to appear at a hearing may, within fourteen days of the date the decision is mailed, petition for a new hearing before the Appeal Tribunal. If a party requests a continuance or postponement, the Hearing Officer should ask the reason for the request for the record. If they are done outside the fourteen day time period, they are not valid and have to be set aside. If this occurs, the Hearing Officer should question the petitioner regarding earlier nonappearances but there will be no need to address the merits of any earlier nonappearance in the written denial decision. If the party received the determination/decision at a different address, at what address was it received? We mailed the claimant a blue book of UI information on _______. who started the fight Issue: whether the claimant was able to work. If the claimant did not receive the letter, was the address to which the letter was mailed his correct mailing address? The disqualification will continue until the individual has returned to employment and has worked for six (6) weeks or earned wages equal to six (6) times the individual's benefit amount. Claimants who file on-line or through the Tele-Center are specifically told about their responsibilities regarding work refusals.). What type of work has the claimant done in the past? Section 207.008 of the Act provides that in determining whether work is suitable for an individual, the Commission shall consider the degree of risk involved to the individual's health, safety and morals at the place of performance of the work, the individual's physical fitness and previous training, the individual's experience and previous earnings, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation, and the distance of the work from the individual's residence. In telephone hearings, placing witnesses "under the rule" requires careful attention by the Hearing Officer. All chargeback notices will be mailed to the employer address shown in the Employer Master File (unless the employer has a SPECIAL ADDRESS - SPS.) Effective September 1, 1997, Section 207.051 of the Act provides that an individual is disqualified for benefits after the sale of: (1) a corporation and the individual is an officer of the corporation; a majority or controlling shareholder in the corporation; and involved in the sale of the corporation; (2) a limited or general partnership and the individual is a limited or general partner who is involved in the sale of the partnership; or (3) a sole proprietorship and the individual is the proprietor who sells the business. did the claimant reveal his driving record at the time of hire. was the register checked to see if it was malfunctioning Was it possible for anyone else with firsthand knowledge to have appeared? Issue: whether the claimant received benefits to which he was not entitled. This is required to comply with the Gutierrez settlement. When you protest a redetermination or monetary redetermination, you are asking for a hearing. 90-12054-10-120190. If the parties have difficulty hearing each other because of a poor conference connection, it may be necessary to replace the call to improve the quality of sound. If the activity was not rescheduled, why not? (The claimant's testimony is not enough to prove he has earned enough to requalify. When did he receive it? A pop-up window will appear showing the complete question; to escape from the pop-up box, you'd press the F3 key. Whenever the Hearing Officer detects a cordless phone is being used, the Hearing Officer should ask if the party has a corded phone available and give the party an opportunity to switch to a corded phone. was reduction effective for all employees Was the claimant having any problems receiving his mail at that time? If no, why not? Had the party notified the TWC that the address had changed? when were the incorrect expenses listed Consequently, it is well to avoid the use of the word "hostile" and if it is introduced by attorneys present, the witness should be instructed with respect to the significance of the term in order to avoid misunderstanding. How did the claimant file his initial claim for benefits? was claimant allowed to observe audit for an individual precluded because of a medically verifiable injury or illness from working during a major part of a calendar quarter of the period that would otherwise be the individual's base period under Paragraph A, the first four calendar quarters of the five consecutive calendar quarters preceding the calendar quarter in which the illness began or the injury occurred if the individual files an initial claim for benefits not later than 24 months after the date on which the individual's injury or illness began or occurred. 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