Since 2013, we have been requesting statistics, via OPRA, from the Department of Labor
in order to compare results from our firm with the overall averages of unemployment claimants
filing appeals. For the ninth straight year, we are releasing the Department of Labor statistics, as
well as our statistics. The summary is as follows:
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Claimant Appeals Favorable | 27% | 29% | 27% | 25% | 25% | 24% | 26% | 29% | 25% | 26% | 20% |
| Employer Appeals Favorable | 36% | 33% | 31% | 32% | 29% | 30% | 30% | 29% | 30% | 30% | 27% |
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Claimant Appeals Favorable | 27% | 20% | 9% | 6% | 6% | 8% | 7% | 5% | 4% | 5% | 6% |
| Employer Appeals Favorable | 55% | 46% | 8% | 11% | 11% | 11% | 11% | 6% | 7% | 4% | 5% |
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Claimant Appeals Favorable | 15% | 26% | 21% | 32% | 27% | 31% | 23% | 13% | 24% | 4% | 20% |
| Employer Appeals Favorable | 50% | 0% | 100% | 25% | 50% | n/a | 0% | 50% | n/a | n/a | n/a |
We have also compiled our firm’s statistics for calendar year 2020.
Alan H. Schorr & Associates Results:
(Our statistics of past performance do not guarantee any future performance)
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Fact-Finding Hearings | 90% | 95% | 95% | 96% | 96% | 95% | 87% | 100% | 100% | n/a | n/a |
| Appeal Tribunal Hearings | 74% | 77% | 77% | 90% | 88% | 96% | 90% | 94% | 89% | 88% | 88% |
| Board of Review Appeals | 27% | 76% | 33% | 44% | 50% | 80% | 78% | 75% | 64% | 60% | 58% |
| Appellate Division Appeals | 87.5% | 80% | 67% | 100% | 100% | 100% | N/A | N/A | N/A | n/a | 100% |
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. Our 100% success rate at Fact-Findings and 89% success rate at
Appeal Tribunals demonstrates that the safest way to ensure unemployment benefits remains
retaining an attorney for all hearings.
This year, the pandemic continued to wreak havoc with unemployment claims, which
more valuable with the addition of the Federal Pandemic Unemployment Assistance monies.
Oddly, despite the explosion of new unemployment claims, the number of Appeal Tribunal
Hearings and Board of Review appeals dropped by almost 40%. We surmise that the Department
of Labor is not counting claims involving Federal PUA as Department of Labor statistics. We
are seeing more appeals for refunds involving benefits paid at the beginning of pandemic that the
Department is now trying to recoup.
At the Appellate Division this year, claimants won only about 24% of their claimant
appeals resulting in reversal. Pro se appellants won 4 out of 17 appeals (23.5%), appellants with
attorneys won 3 out of 12 (25%).
All in all, the statistics for 2021 and the past years confirm the importance of having
counsel at every level of the increasingly complicated and contentious unemployment process.