UNEMPLOYMENT HEARING  STATISTICS – YEAR END 2017

For the past five years, we have requested unemployment statistics, via OPRA, from the New Jersey Department of Labor in order to compare our firm’s results with the overall averages of unemployment claimants. The summary is as follows:
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Analysis:

As the success rates of unrepresented claimants continues to drop, our success at the Department of Labor has continued at the same high levels. The statistics reflect that the percentage of positive results obtained by our firm have been triple or better than the average of all Appeals at every level. The 96% success rate at Fact-Findings and 88% success rate at Appeal Tribunals demonstrates that retaining an attorney for all hearings is still the safest way to ensure unemployment benefits.

From 2014 to 2015, the success rate at the Board of Review plummeted and has remained at very low levels. In 2016 and 2017, only 6% of claimants won appeals at the Board of Review. Most appeals to the Board of Review are returned with a form opinion stating that Appeal Tribunal was full and fair and its decision is adopted. Nevertheless, it is still required to appeal to the Board of Review before filing an Appellate Division Appeal with the Superior Court.

At the Appellate Division, claimants won about 27% of their appeals, being granted either a reversal or a remand. Claimants still fared significantly better with attorneys at the Appellate Division. Although pro se appellants won 6 out of 29 appeals (20.6%), appellants with attorneys won 7 out of 20 (35.0 %) and this firm’s success rate was 2 of 2 (100.0%).

All in all, the statistics for 2017 continue to confirm the importance of having counsel at every level of the increasingly complicated and contentious unemployment process.