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Pennsylvania Unemployment Compensation Board of Review - Need an Experienced Attorney to Help With Your Appeal of a Referee's Unemployment Decision?
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| UCBOR: Knows its job! |
WHAT IS THE UCBOR?
The
Pa Unemployment Compensation Board of Review (“UCBOR”) is the first level of
appeal from Decisions rendered by Referees.
It is fair to say that UCBOR considers and decides thousands
of appeals per year.
Winning before the UCBOR is critical, because, among other things, it is a simple and relatively easy process. After the UCBOR, the next step is an appeal to the court system, and specifically to the Commonwealth Court. Filing appeals tot he Commonwealth is a complicated and thus much more expensive process.
Winning before the UCBOR is critical, because, among other things, it is a simple and relatively easy process. After the UCBOR, the next step is an appeal to the court system, and specifically to the Commonwealth Court. Filing appeals tot he Commonwealth is a complicated and thus much more expensive process.
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It is a Really Good Idea to Consider Hiring an Attorney to Represent You if You Want to Appeal a Referee's Decision to Pennsylvania's Unemployment Compensation Board of Review -
In determining an appeal, the UCBOR only considers the evidence and testimony presented at the Referee Appeal Hearing. So, if at the hearing you allowed the introduction of bad evidence (i.e. often hearsay) or failed to introduce evidence that would have helped your case, you will be stuck with the "record" that was created at the Referee Hearing. There are no do overs.
What are the Chances That I Can Win on an Appeal to the Pennsylvania Unemployment Compensation Board of Review? Need a Lawyer to Appeal a Referee Decision After a Pennsylvania Unemployment Hearing?
UCBOR – WHO ARE THESE PEOPLE?
UCBOR – WHO ARE THESE PEOPLE?
The
UCBOR is comprised by three people who are appointed by the Governor of
Pennsylvania to 5 year terms. In 2013,
those three people are:
Richard W. Bloomingdale -
Chairperson
Eileen B. Melvin - Member
Larry Dunn - Member
Eileen B. Melvin - Member
Larry Dunn - Member
These 3 have been the UCBOR since at least 2006, so they have a lot of
experience – they have seen it all! Their
appeal decisions are not published anywhere (there would be tens of thousands,
for sure), so there is no way to track “precedent” where UCBOR decisions are
concerned.
How Do I Know What the Odds are of My Winning and Appeal Before the Pennsylvania Unemployment Compensation Board of Review? You Need to Hire an Attorney Who Really Knows the Unemployment Laws, and the Cases That Have Been Decided by the Courts on Willful Misconduct, Voluntary Quit and Self-Employment Appeals
How Do I Know What the Odds are of My Winning and Appeal Before the Pennsylvania Unemployment Compensation Board of Review? You Need to Hire an Attorney Who Really Knows the Unemployment Laws, and the Cases That Have Been Decided by the Courts on Willful Misconduct, Voluntary Quit and Self-Employment Appeals
The only way to determine what one’s odds are for winning a
case is to examine decisions from Pennsylvania’s Commonwealth Court, which
decides all appeals taken from UCBOR decisions. Considering this precedent in tandem with the facts of your case, and what happened at your Hearing, leads to a fairly accurate prognostication as to your odds of winning your appeal.
HOW DOES THE UCBOR WORK?
It
seems apparent, given their locations and vocations, that the members of the UCBOR do not gather
together in Harrisburg to decide appeals.
They have a staff of
paralegals/clerks/assistants who review appeals in Harrisburg and make
recommendations to the Board Members about how cases should be decided, which
are then approved by the Board, or subject to further analysis and discussion
among Board Members.
That is how the 3 Members of the UCBOR can make thousands of decisions per year while gainfully employed in their own careers.
That is how the 3 Members of the UCBOR can make thousands of decisions per year while gainfully employed in their own careers.
HOW DOES THE PENNSYLVANIA
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW DECIDE APPEALS FROM REFEREE
DECISIONS? DO YOU NEED A LAWYERS ANALYSIS OR OPINION
AS TO WHETHER YOU CAN WIN YOUR APPEAL FROM A DECISION OF A REFEREE FOLLOWING
YOUR PENNSYLVANIA UNEMPLOYMENT HEARING?
First
thing that you must understand is that the UCBOR's appellate review is a paper review. That is, the UCBOR never, ever conducts a Hearing, and always bases its decision on 1) what was said at the Referee
Hearing; 2) the evidence presented at the Referee Hearing; and, 3) the law as
decided by the Pennsylvania’s appellate courts on cases involving similar facts
and evidence.
The
Board must follow the law – the law established by its higher authorities, the
Commonwealth Court and, above that, the Pennsylvania Supreme Court.
So, the best way to determine your chances for winning an appeal from a Referee’s Decision are to find and examine cases dealing with similar facts decided by the Commonwealth Court. Of course, while this may be like finding a needle in a haystack for the average Claimant, this is precisely the type of research that lawyers conduct on a regular basis.
HOW DO I APPEAL A REFEREE'S DECISION TO THE PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD OF REVIEW? AN ATTORNEY WHO FILES MANY APPEALS WITH THE UCBOR ANSWERS THIS QUESTION
So, the best way to determine your chances for winning an appeal from a Referee’s Decision are to find and examine cases dealing with similar facts decided by the Commonwealth Court. Of course, while this may be like finding a needle in a haystack for the average Claimant, this is precisely the type of research that lawyers conduct on a regular basis.
HOW DO I APPEAL A REFEREE'S DECISION TO THE PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD OF REVIEW? AN ATTORNEY WHO FILES MANY APPEALS WITH THE UCBOR ANSWERS THIS QUESTION
There
are two ways to appeal a Referee Decision to the UCBOR.
The first is to simply file an Appeal and do nothing more. In that case, the UCBOR will review the transcript and exhibits from the Referee Decision and make a decision as to whether to uphold the Referee without any further input from you.
The first is to simply file an Appeal and do nothing more. In that case, the UCBOR will review the transcript and exhibits from the Referee Decision and make a decision as to whether to uphold the Referee without any further input from you.
The
second is to file an Appeal, request a copy of the transcript and exhibits, and
then file a Brief after review of same, citing relevant evidence presented at
the Hearing and applicable precedent in your favor. This is what knowledgeable lawyers do.
Philadelphia Unemployment Lawyers Who File Appeals From Referee Decisions With Pennsylvania's Unemployment Compensation Board of Review
Philadelphia Are Employment
Attorney Representing Employees
Philadelphia Unemployment Lawyers Who File Appeals From Referee Decisions With Pennsylvania's Unemployment Compensation Board of Review
610-647-5027
We typically represents employees who need an employment lawyer in Philadelphia
County, Chester County, Delaware County, Bucks County, Berks County, Lancaster
County and Montgomery County.
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