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Old 10-09-2010, 07:38 PM
DBT DBT started this thread
 
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The Notice of Determination stated I was ruled both eligible under Section 402(b) and ineligible under Section 401(d)(1) for benefits causing me overall to be ineligible for benefits.

I sent an appeal letter against the ineligible Section 401(d)(1). The Notice of Hearing received lists Specific Issues to be covered in the appeal Section 402(b),Section 401(d)(1),(2) and Other Issues tht may be considered Section 402(e) and Section 3 by the Referee.

I read the following laws, and thought the Appeal Hearing could only cover the ineligible Section 401(d)(1).


This regulation requires that the evidence adduced and the determination made at the referee’s hearing be limited to the legal issue ruled on by the Bureau in its notification of ineligibility for benefits. Corressel v. Unemployment Compensation Board of Review, 385 A.2d 615 (Pa. Cmwlth. 1978).
The evidence adduced at the referee’s hearing must be limited to the reasons stated in the notice of ineligibility given to the claimant by the Bureau. Bilsing v. Unemployment Compensation Board of Review, 382 A.2d 1279 (Pa. Cmwlth. 1978).

Is this correct? Can the Referee introduce additional issues beyond the Section I was appealing?
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Old 10-09-2010, 08:17 PM
 
Location: Wisconsin
14,172 posts, read 18,622,747 times
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Your question is better posted here:

http://www.city-data.com/forum/unemployment/

which forum deals with lots of unemployment hearing issues.

From what I have read, the claimant is pretty much at the mercy of the hearing examiner in all states. You may need to appeal more than once.
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