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So my question is would I have to pay the benefits back? I seem to recall some threads on here where people were able to get out of repayment when a decision was reversed.
NY will absolutely want repayment of all benefits paid to you. Your attorney may earn his keep if he can convince NY the decision to pay was their error.
NY will absolutely want repayment of all benefits paid to you. Your attorney may earn his keep if he can convince NY the decision to pay was their error.
I remember what it was called now. It was a repayment waiver. Would that be a possibility?
There is the possibility of a waiver, but you can also just not pay them back. I would never tell anyone to pay volunatarily. The states will take money from tax refunds and you can thwart that by never overwithholding, and that just leaves the state taking the money from a future UI claim and there's the chance there is no future claim leaving them no way to get any money from you.
If enough time goes by, you might discharge the overpayment in a bankruptcy, or the state will write it off, and you'll have successfully not paid back money that you owed, but because of the way the system works, you got away with it. They won't take you to court, get a judgment, report it on your credit report, garnish your wages, or try to put you in jail.
Denial ALJ Overturns Denial - grants benefits
Appeal Board Reversed ALJ - denies benefits
Appeal Board reconsidered and Adhered (Upheld) - denial of benefits
Appellate Division of the SC of NY - reversed Appeal Board and granted benefits
In actuality, the cite SUPPORTS the original decision of the ALJ - and grants claimant his benefits. Of course, civil litigation outside NYDOL was necessary.
OP, your attorney better read all those cases cited. Unless I'm misreading something, NY just shot itself in the foot with Clum. It might behoove him/you to write to the Appeal Board with a counterargument - assuming the Board would entertain such at this time.
Last edited by Ariadne22; 05-20-2015 at 04:27 PM..
Just read the case cited in the second to last paragraph of the letter on which NYDOL bases its request for a reversal. Totally wrong interpretation. In Clum, there was:
Denial ALJ Overturns Denial - grants benefits
Appeal Board Reversed ALJ - dq's claimant
Appellate Division of the SC of NY - reversed Appeal Board and granted benefits
In actuality, the cite SUPPORTS the original decision of the ALJ - and grants claimant his benefits. Of course, civil litigation outside NYDOL was necessary.
OP, your attorney better read all those cases cited. Unless I'm misreading something, NY just shot itself in the foot with Clum. It might behoove him/you to write to the Appeal Board with a counterargument - assuming the Board would entertain such at this time.
So does the end where it says "and we reverse" mean the Appeal Board's decision was reversed? If so, then yes you are right. This was the wrong case for them to be using as precedence. I suppose that I or my attorney would write the counterargument once I get notification that this appeal is actually proceeding?
The Unemployment Insurance Appeal Board reversed the ALJ's decision and denied claimant benefits and, upon reconsideration, adhered to that ruling.
Claimant appeals, and we reverse.
Accordingly, under the circumstances of this case, claimant's conduct did not rise to the level of disqualifying misconduct.
Ordered that the decision is reversed,
From the foregoing Appeals Board reversed ALJ - i.e., denied benefits, reconsidered a second time and upheld the denial of benefits; after which claimant went to civil court (NYSC) and Appeal Board was reversed (lost) and claimant was granted benefits.
I received a letter from the appeal board today and they are sustaining the original decision to deny me benefits. What should I do now?
I actually have to laugh at the timing of it lol. I got the letter about the appeal to the board about 2 months ago and have been wondering when I would hear something. Now I get this letter about 30 mins before I leave to go out of town for 2 weeks.
I received a letter from the appeal board today and they are sustaining the original decision to deny me benefits. What should I do now?
Talk to your attorney. If there are no further appeal avenues within the NYDOL, then you may need to file a civil case in the Appellate Division of the SC of NY, per that precedent cited above.
No, you have to type in the EXACT words please. They wouldn't normally say sustain.
You were denied.
Then approved.
If they sustained, then they most like sustained the LAST decision which mean you get benefits. More likely though they work in terms of "affirm," and "reverse."
No, you have to type in the EXACT words please. They wouldn't normally say sustain.
You were denied.
Then approved.
If they sustained, then they most like sustained the LAST decision which mean you get benefits. More likely though they work in terms of "affirm," and "reverse."
I can't type the exact working right now because I'm heading out of town, but if I read correctly, they said something along the lines of the original decision is sustained and that I'm denied benefits.
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