For the past eleven years 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 eleventh straight year, we are releasing the
Department of Labor statistics, as well as our statistics. The summary for the past eight most
recent years is as follows:
Department of Labor Statistics
Fact Finding Hearings – Not Available
| 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 2023.
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 88% success rate at Appeal Tribunals compared to the overall of
20%; and 58% success rate of the Board of Review, compared to the overall of 6% demonstrates
that the safest way to ensure unemployment benefits remains retaining an experienced
unemployment attorney for all hearings.
This year, the pandemic continued to wreak havoc with unemployment claims, which
were more valuable due the addition of the Federal Pandemic Unemployment Assistance monies.
Some Claimants have waited three years or more to have their claims resolved. The system is
hurting badly.
At the Appellate Division this year, claimants only won 3 out of 15 claimant appeals
resulting in reversal. Pro se appellants won 0 out of 7 appeals (0.00%), appellants with attorneys
won 3 out of 7 (43%). Every single pro se appeal lost. The only wins were by the Schorr firm
and Legal Services.
A large percentage of our appeals involved representation on refund requests. In 2023,
we were able to reverse $1,211,594.00 of demanded refunds.
All in all, the statistics for 2023 and the past eleven years confirm the importance of
having experienced unemployment counsel at every level of the increasingly complicated and
contentious unemployment process.