What does it mean if the UCBR grants me a Remand Hearing?
There are various stages to an unemployment compensation appeal. The first step is to file an appeal to your Notice of Determination. Once you file an appeal to the Notice of Determination, you get a hearing before a Referee. Once the Referee makes his/her decision, you have the right to appeal it further to the Unemployment Compensation Board of Review (“UCBR”). If you decide to appeal it to the UCBR, you may receive a letter stating that the UCBR has granted what is known as a Remand Hearing.
What is a Remand Hearing?
A Remand Hearing is where the Referee and UCBR work together to gather more information so the UCBR can a decision as to whether your appeal should be granted and benefits approved. A Remand Hearing requires you to attend another hearing before a Referee. The purpose of a Remand Hearing is to allow parties to put new, additional evidence on the record that was not presented at the original Referee Hearing. A Remand Hearing is not held for the purpose of presenting the same evidence. A Remand Hearing is for new evidence that didn’t make it onto the record at the Referee Hearing.
What are the differences between a Remand Hearing and a Referee Hearing?
A Remand Hearing is different from a Referee Hearing in that a Remand Hearing is ordered by the UCBR. At a Referee Hearing, you have to testify directly to the Referee and state why you should be eligible for benefits. The Referee then makes a decision.
At a Remand Hearing, the Referee is simply present to gather more evidence. The Referee will not render a decision. The Referee will simply try to make the record more complete so the UCBR can render a decision about whether to grant your appeal.
Why is a Remand Hearing granted?
If you appeal to the UCBR, there are many reasons why a Remand Hearing may be granted. If the UCBR feels that it needs more information to render a decision, it will grant a Remand Hearing. If you notify the UCBR that a witness was not able to testify at the Referee Hearing, the UCBR may grant a Remand Hearing. If the UCBR feels the Referee erred in following procedure, it may grant a Remand Hearing. The most common reason a Remand Hearing is granted is because the UCBR needs more information to render its decision. However, a Remand Hearing can be granted for numerous reasons.
What to expect at a Remand Hearing?
A Remand Hearing is procedurally very similar to a Referee Hearing. The Referee will explain your rights to you and introduce all exhibits to be put onto the record. You will then be allowed to testify and introduce additional evidence that was not put on the record at your original Referee Hearing. It is important to remember that the purpose of a Remand Hearing is to put new evidence on the record. Repetitive evidence is not going to help the UCBR render a decision. The Referee may ask you questions in order to gather more evidence for the UCBR. However, the Referee will not make the decision.
What happens after the Remand Hearing?
After the Remand Hearing, the new evidence you introduced will be sent back to the UCBR. The UCBR will then consider all the evidence (both old and new) and render a decision as to whether to grant your appeal and award you benefits. The whole process can take several months so be prepared for a wait.
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