New Mexico Unemployment Appeal
If you were denied New Mexico unemployment insurance benefits and disagree with the department’s decision, you have the right to appeal the decision before the state’s appeal tribunal.
How to appeal New Mexico unemployment benefit denial
If you are told that you do not qualify for benefits, you can appeal the decision by asking for a review by the New Mexico Department of Workforce Solutions’ appeal tribunal. To do so, you need to submit your request within 15 days from the day you received the decision.
You can submit a request for a hearing by filling out the information form that comes with the Determination Notice you received. You can also appeal the decision online by logging into your at jobs.state.nm.us.
What if I don’t file within 15 days?
There are a few circumstances where the department may agree to extend the filing deadline, but you have to show that there was a good cause for the delay. This usually means you have a significant reason or an acceptable legal excuse.
New Mexico unemployment appeals hearings
An unemployment appeal hearing is a type of legal process where the person appealing (the claimant) and their employer come together to present their arguments before an administrative law judge. During the hearing, both sides are allowed to provide evidence and speak under oath. They are also allowed to cross-examine each other.
Most New Mexico appeal hearings take place over a conference call. However, there are some situations where the hearing may be conducted in person.
Depending on the issue at hand, an appeal hearing can last anywhere between 30 minutes to an hour.
How do I prepare for my appeals hearing?
If you’re involved in an unemployment insurance case in New Mexico, you will receive a letter called a Notice of Hearing. This letter will be sent to you by mail, but you can also view it online by logging into your unemployment insurance account at jobs.state.nm.us.
When you receive the Notice of Hearing, you will need to provide your contact information to the department’s appeals tribunal. You can do so by calling the phone number provided in the Notice of Hearing. It’s important to provide your information by the deadline, which is 4:00 p.m. Mountain Standard Time (MST) the business day before the hearing.
When you call the appeals tribunal, you will need to speak with a representative during business hours (8:00 a.m. – 4:00 p.m., Monday – Friday). You will also need to provide your Claimant ID and Issue ID numbers, which can be found at the top of your Notice of Hearing, to participate in the hearing.
The unemployment appeal hearing is your chance to explain your side of the case. During the hearing, you will share your testimony, present arguments, and sometimes provide written evidence.
Documents are important in unemployment cases, and they can have a big impact on the outcome of the case. If you want to use documents as evidence in your hearing, you need to follow some basic rules:
First, you must send your documents to the opposing party at least 48 hours before the scheduled hearing. This is required even if you have already sent the documents to the claims adjudicator.
Second, you must send the same documents to the appeal tribunal at least 48 hours before the hearing.
It’s also important to organize and label your documents properly. You need to include your name, the appeal (issue ID) number, the date and time of the hearing, and the assigned administrative law judge’s name on every document. You also need to label each page of your document, either with “C” if you are the claimant, or “E” if you are the employer.
When submitting your documents, you should be selective and only use relevant documents that support your case. Although you can submit as many pages as you need, it’s recommended that you don’t exceed 20 pages. If you have more than 10 pages to submit, you should send them by mail instead of fax.
Failure to adhere to these rules could result in your evidence being rejected during the hearing.
Do I need a lawyer for my appeals hearing?
While it is not necessary to consult with an attorney, you have the right to hire a lawyer, union agent, or other qualified person to represent you in the hearing, at your own expense.
If you choose to hire a representative, they must give a written letter to the administrative law judge and the opposing party before the hearing to show that they will be representing you.
Do I need a subpoena to get my witnesses to attend the hearing?
People who know about the situation and what happened are the best witnesses. This includes people who were there or involved in the events.
If you need someone to testify in the hearing, or if you need a document that someone else has but they won’t give to you, you can ask for a subpoena. To ask for a subpoena, you need to write a letter explaining why you need the witness or document, and send a copy to the other side. You must give the name and address of the witness or the person who has the document.
The administrative law judge may say no to your subpoena request if they don’t think the witness or document is important to the case. If the administrative law judge does say no, you can ask them to hold a hearing about it. The judge will make a decision about your subpoena request, and you or the other side can appeal it if you don’t agree with it.
If you don’t follow the instructions for asking for a subpoena, your request will be denied.
What if I can’t attend the hearing?
Changing a hearing date is usually not allowed. However, if you have a good cause, such as a conflicting court date or emergency, you can ask for a new hearing date in writing. Be sure to include proof to support your request, and send a copy to the other side.
You should still show up to the original hearing unless you are told that your request has been granted. If you don’t show up, a decision may be made without your testimony.
When do I find out the outcome of the hearing?
After the hearing, the judge’s decision will be sent to everyone involved in the case by mail. It is hard to predict exactly when the decision will be made because it depends on different factors, such as how complicated the case is, how much work the judge has to do, and how long the hearing took. You can always call the appeals tribunal to check on the status of your case if you have questions.
Collecting New Mexico unemployment benefits during the appeals process
When you request an appeal, it’s important to keep filing your weekly certifications. If the appeal is decided in your favor, you will only be paid for the weeks you requested UI benefits and met all the eligibility requirements.
If you received benefits and your unemployment claim was ultimately denied, you are responsible for repaying any benefits you previously received. This is known as an overpayment. Failure to repay an overpay could result in fines and/or unemployment fraud charges.
If you disagree with the hearing officer’s decision, you can appeal to the New Mexico Department of Workforce Solutions’ cabinet secretary. You will need to explain why you disagree with the decision in detail and submit your appeal within 15 days of the decision.
An in-person hearing will not be held, as the decision will be reviewed to see if it is supported by existing evidence and New Mexico state law. If it is not, the decision may be changed, or it could be sent back for another hearing.
You will be informed of the decision in writing. If the cabinet secretary or board’s decision is not in your favor, you can appeal to the district court within 30 days. If you win the appeal, you will only receive UI benefits for the eligible weeks in which you requested benefits.
Your previous employer can say they don’t agree with you receiving unemployment compensation. If they appeal your request for benefits, you will have to attend a hearing to prove that you qualify.
If your employer wins the appeal and you’re no longer eligible for benefits, you will have to pay back any benefits you already received.