If a party is represented by an attorney, accountant, union representative, etc., the name and address of the representative should be written on the hearing notice and the inside front of the folder. It may be necessary in the case of an in-person hearing to schedule the continuance by telephone. Rather, the Hearing Officer should ask detailed questions which will allow him/her to decide whether the claimant was intoxicated or not. Had the claimant done that type of work before? What type of work was he qualified to perform? Is the claimant still receiving them? "Before we get to the testimony portion of the hearing, I would like to have each of you state your full name, spell it, and give your date of birth for the record. - when he contacted each company ), Did the claimant receive a letter from the TWC dated _________ asking him to contact the claims office? was claimant given opportunity to explain discrepancy 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 the print-out showed an employer the claimant never worked for or showed wages the claimant never earned, did he notify the TWC of the error? (Did the party receive it prior to the date of the hearing?) For a case in which Texas is the liable state but claimant now resides in another state, you should e-mail UI Central to inquire whether the claimant has registered for work in that state. Does the claimant have wage credits from any educational institutions? (If the party appealing/petitioning is an employer/business) Establish the employer's mailing routine: If yes, did the party receive the notice at the address to which it was mailed? prior occurrences See Appeal No. how long had she worked under those conditions before quitting the claimant, in fact, left the area of employment to accompany their spouse; i.e., was the claimant's quitting proximate in time to leaving the area of employment? Did the witness testifying mail it himself/herself or did someone else mail it? Do I have the SSN correct, Mr./Ms. (If the employer is a party of interest) "Both sides will have appeal rights to that decision. (If the claimant denies having received the checks, you will need to continue the hearing in order to obtain copies of the warrants, and you must send the copies to the parties for the continuance. Note: Good cause to reopen under Rule 16 is not a jurisdictional issue and should not be addressed as such in the hearing or in the written decision. admissions or witnesses Did the claimant call the claims office? If declined, why did the claimant not accept the new assignment? You will need to admit the employer's wage information, and if you discuss the fact-finding statements, you will need to admit those into evidence as well.). Did the employer understand the notice? Under Custom Search Results, locate the Determination you want to appeal, and then click the person's SSN link. What was he told? Did the employer mail the protest? Prior to the last legislative session, Section 207.007(b) of the provided that"Counsel or an agent representing an individual under this subtitle may not charge or receive a fee for these services greater than an amount approved by the commission." 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. Click here to speak with our For older cases, the claimant might have been paid benefits by state warrants. Did he receive in the mail a booklet from the TWC entitled "Unemployment Insurance Benefits Information"? Issue: whether the claimant should be disqualified for the receipt of wages in lieu of notice. This would include any individuals appearing only as observers. If the alleged profane or vulgar language is a part of the separation itself, it must be allowed to come in. You cannot access this information on the CMF or Benefits Inquiry, and it is not sufficient to merely accept the claimant's testimony. The main form of persuasion on appeal is the written appellate brief, filed by counsel for each party. Fact finding statements should be entered and claimant questioned about the answers (was this information accurate at the time of the statement.) What type of work was he looking for (for each claim week)? If no, why not? What was the salary offered? Was the claimant having any problems receiving his mail at that time? Explanations of the most frequently used sections of the. the claimant offered and/or agreed to train a replacement during the notice period. Does the USPS pick it up or does a company employee mail it? The Hearing Officer may need to explain this to the parties and request that they be careful not to start answering a question before it is finished or talk at the same time as others. (Different sections in the booklet address this issue. 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. what were the terms of the probation When? Never advise a claimant they should ignore an overpayment as legal action may be taken if they fail to make restitution. You must admit into evidence whatever you read from. when did the fight occur If yes, how often does he work (days of the week)? Has the claimant submitted proof of these earnings? IMPORTANT NOTE: You must enter the employer's protest into evidence during the hearing. The Hearing Officer should also advise the parties of their right to further appeal. In any two party hearing, the Hearing Officer should always make some statement regarding the order of proof in order to comply with federal standards. If they are done outside the fourteen day time period, they are not valid and have to be set aside. The guidelines tell the claimant how to set up his PIN number so that he can access the Tele-Serv system. Did the party read the determination/decision? 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. any other reason for quitting Copies of all decisions and the reasons therefore shall be mailed by the Appeals Department to the parties. (Try to establish a specific date to see if the employer received it prior to the protest deadline.). If it was an illness or other disability, what type of illness or disability was it? When did the claimant file his initial claim for benefits? what was claimant told about the reduction Both parties should be notified as soon as possible. You may need to create a case for the Tele-Center to adjudicate if the claimant is no longer working there and the Tele-Center has not adjudicated the separation.). The parties should say only one or two sentences at a time before allowing the interpreter an opportunity to translate. The "controlled narrative" is the best way of developing testimony in most hearings. Some service centers allow claimants to participate by phone or on the internet. was the claimant's action in self defense. With languages other than Spanish, the Appeals Department will also make every effort to obtain a competent interpreter for the language involved. What did the employer do to access the system? ________ will act as an interpreter in the hearing today. To whom did he speak? Accordingly, the nonpetitioning party will be invited to the "single-issue" hearing on the petitioner's petition to reopen and will be entitled to present and examine witnesses, etc. The designation of such person shall be the prerogative of those representing the employer. The Hearing Officer should control and direct the examination conducted by parties or their representatives. The Hearing Officer should keep in mind that the opposing side has the right to cross-examine on any testimony taken at a previous hearing. In cases where a Spanish interpreter is needed, unless otherwise authorized, agency policy is to use a Federal Court-certified interpreter. Discuss these print outs with the claimant during the hearing and admit them into evidence to show what wage amounts he actually reported.) The Hearing Officer should make every effort to continue hearings to one of their office days. (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. To see the answers for any other affected CCs, you'd type in the next BWE date, and press enter. We will make the review determination, notify the treating clinician by telephone, and when was next pay period The names of all persons present at the hearing and the capacity in which they appear should be written on the inside cover of the claimant's folder. Who opens the mail It is the parties' responsibility to place the initial call to the number designated on the hearing notice during the appropriate 30 minute time period. When is the mail picked up? If the witness is not available, the party should be asked whether the party tried to arrange for the witness' participation and why the witness is not available. 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 Appeal 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. At the time of the hearing, any party (employer or claimant) who appears should be confronted with all evidence in the file, documentary or otherwise, whether secured by independent investigation or not, which is adverse to their interest and which may be considered in arriving at a decision in the case. Issue: whether the claimant reported to the claims office as instructed and whether claims were filed in accordance with the Regulations prescribed by the Commission. 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. 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. The interpreter may use simultaneous interpretation of English to the non-English speaking participant only when English is being spoken. What was the claimant told would happen if he didn't apply for or accept suitable work? The claimant may have changed his mind since then. If there is an original timeliness issue involved, that issue should also be covered in the single-issue hearing. 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. (Section 201.091(d) of the Act applies only in case where the initial claim is filed on or after September 1, 1997. The interpreter will be placed under oath. Claimants filing on line would get a written instruction. Providers may also dispute a payment made to them by the Medicare Advantage PPO plan that is less than the payment amount that would have been paid under the Medicare fee schedule. why did claimant refuse. It may be necessary to contact parties who have no particular interest in the case. Had the school district normally sent the claimant a letter in the past? The time the hearing is adjourned should be noted on the tape and the parties should be advised of their appeal rights. Under these circumstances, the Hearing Officer should take the initiative to ask the party if that witness is available at that time to testify. Frequently, the employer will fail to appear at the hearing. was claimant allowed to observe audit - who he contacted (each company and the person he actually spoke to) Did he report his earnings on his continued claims? The person should be given a couple of minutes to do so if necessary. Hence, the interpreter should translate the question as it is given to him/her by the Hearing Officer and the answer as it is given by the witness. Proper names should be used whenever possible. Please do not have any discussions while I am off the record. If this coverage determination is appealed, the Part D was reduction effective for all employees The information packet containing agency documents is mailed to the assigned interpreter prior to the hearing. Discuss these print outs with the claimant during the hearing and admit them into evidence to show what wage amounts he actually reported. Does the USPS pick it up or does a company employee mail it? What number? Was he given a number to call? Whenever an appeal from a determination is also timely to one or more determinations issued by the Benefits Department, the Hearing Officer should cover only those issues on appeal. If the claimant is using direct deposit, continue and advise the claimant to submit his bank records as evidence. Then you can search for address or phone number of your specific claimant. When the Hearing Officer detects a party is using a cellular phone, it is a good idea to ask if the party has a land line available. was the claimant given the opportunity to get his own insurance When did those changes go into effect? In the spouse-leaving provision of Section 207.045 of the Texas Unemployment Compensation Act, the Hearing Officer should consider whether: claimant gave the customary notice of leaving generally observed at the claimant's place of employment or generally observed in the claimant's trade or profession; and worked until the end of the notice period. No additional issues should be heard or decided without first giving notice of such issue to the parties, and without obtaining their agreement to proceed on that issue (waiving notice). The scope of an appeal is limited to significant errors that occurred during the trial. They also warn the claimant that failure to file within the scheduled week may cause a delay or denial of benefits.). (The claimant's testimony is not enough to prove he has earned enough to requalify. How much was the claimant paid? In greeting parties, party representatives and the Hearing Officer should be affable but, at the same time, careful to preserve the dignity of the Tribunal. reason for transfer "Did his breath smell of liquor?" Did the claimant read the coversheet? Questions: 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. How long did he work there? At the time the claimant filed his claim for benefits, was he able to work? The advantage of labeling a witness as "hostile" is that it permits the opposite side to ask leading questions. Cases involving the threshold issue of good cause to reopen under Commission Rule 16 will be scheduled for a preliminary hearing on that issue alone. where was she currently working First determine which weeks were affected by the determinations. If they fail to remove the contact request, the ineligibilities will be issued. when was claimant hired by temp. How did he contact the company? Deaf, hard-of-hearing or speech-impaired customers may contact TWC through the relay service provider of their choice. You have the right to present testimony, documents, and witnesses. It takes about four weeks from the date you apply for benefits to know if you are eligible for benefits. A representative can never be used to act as an interpreter for a party. Current state law, Section 207.007(b) of the reads, "Counsel or an agent representing an individual under this subtitle may charge and collect a fee for the counsel's or agent's services." Was he told what might happen if he didn't report as instructed? The Hearing Officer must be affirmatively satisfied, by the facts presented, that the claimant meets the eligibility conditions. would employer cover relocation costs Prior to November, 2010, there was a record of the call-in on the mainframe in the correspondence list, but this is no longer the case. As you will see, only parts of the questions are shown on this screen, but to see the entire question, you would place your cursor somewhere on the question you want to see and press the F2 key. Law Cite: Section 214.002 of the Act provides that a person who has received an improper benefit is liable for the amount of the improper benefit. The Hearing Officer should check the cassette tape to insure that the tape is advanced enough to record the beginning of the hearing. How long will the claimant continue to receive them? The Public Information Act, Chapter 552 of the Government Code allows the public to have access to records and information compiled and maintained by state agencies if not otherwise considered confidential by law. If yes, when? What did the instructions tell him he was to do? In that case, instruct UISS to change the name of the LEU and mail a new claim notice to the correct employer. [state the name of the employer's primary representative], please give me the employer mailing address so we can mail you a courtesy copy of the decision. The Hearing Officer should aid the party in framing questions if necessary in the interrogation. Since the change in wage credits caused the overpayment, these cases are normally set for both the overpayment and wage credit issues. 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. (Different sections in the booklet address this issue. The Hearing Officer should not argue with witnesses or parties and should not allow them to argue with each other. What did the booklet say about the claimant looking for work? How many days did the party think it had to appeal/petition to reopen? If so, ask the party for the number and switch to it if possible. Non-monetary overpayments are created when a claimant is paid benefits and then a determination is issued ruling the claimant was either disqualified or held ineligible from the receipt of those benefits. 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