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Old 02-10-2014, 02:39 PM
 
5 posts, read 14,615 times
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I filed for UI in NY after being discharged, was initially approved, then my employer contested it and then my benefits were denied because the Labor Services Representative believed my employer's story that I quit and that I provided false statements. I sent a letter to the DOL saying that I didn't provide false information, and then i received a letter saying that my request for a hearing has been received. It said that: ASO (Adjudication Services Office) will review your file before your hearing. If the Commissioner's determination is changed, you will be notified. If there is no change, the file will be sent to the Administrative law Judge Section to schedule a hearing before an impartial judge. You will be notified of the time and place of the hearing.

My questions are:
-What is the Adjudication Services Office and what role do they play in this? Is the ASO part of the Department of Labor or part of the Administrative Law Judge Section or neither? I couldn't find any information on the ASO in the pamphlets or docs the DOL mailed me.

-am I understanding this correctly: the ASO/Commissioner will review my file and will either reversed the DOL's decision (in which case there won't be a hearing and my benefits will be reinstated) or it will agree with the DOL's decision (and a hearing will be scheduled)?

any info is appreciated!
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Old 02-10-2014, 03:56 PM
 
Location: Wisconsin
20,395 posts, read 40,048,525 times
Reputation: 13541
NJLWD flow chart - for illustrative purposes only:

1.NJLWD
1.A.Office: ASO (Adjudication Services Office)
1.A.1. ASO Section: Administration Law Judge Section

ASO reviews decision. If they can't reverse it, it is sent to ALJS, which will set the time and place of hearing.

Very rarely, almost never, will NJ side with the employee no matter how blatantly the employer lies, or how late employer appeals.

Therefore, you will not have a decision reversal and NJ will schedule a hearing.

Expect that hearing to be in the middle of March or thereabouts.
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Old 02-10-2014, 04:31 PM
 
5 posts, read 14,615 times
Reputation: 10
Quote:
Originally Posted by Ariadne22 View Post
NJLWD flow chart - for illustrative purposes only:

1.NJLWD
1.A.Office: ASO (Adjudication Services Office)
1.A.1. ASO Section: Administration Law Judge Section

ASO reviews decision. If they can't reverse it, it is sent to ALJS, which will set the time and place of hearing.

Very rarely, almost never, will NJ side with the employee no matter how blatantly the employer lies, or how late employer appeals.

Therefore, you will not have a decision reversal and NJ will schedule a hearing.

Expect that hearing to be in the middle of March or thereabouts.

Thanks for the flow chart Ariadne22. It was very helpful.

I appealed in NY, but will assume that like NJ, NY very rarely will side with employee. At least I know what to probably expect..
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