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The Unemployment Help Center, Ltd, represents New Mexico Claimants at Unemployment Compensation Hearings and Appeals. We provide highly experienced Hearings Representatives who can, and will, fight for your New Mexico Unemployment Compensation benefits
Contact us using the form below
Overview of the New Mexico Unemployment Compensation Appeals Process
Four steps: Apply for benefits; Initial Determination; Hearing before an New Mexico Unemployment Compensation Hearing Officer; and, Appeal from the Hearing to the New Mexico Unemployment Compensation Board of Review.
1. You become separated from your employer. This means you were:
a. Terminated (the employer told you not to work)
b. Quit (you made the decision to stop working for this employer); or,
c. Laid off for lack of work (the job ended - you could not keep working because there was no more work)
2. You file a claim for unemployment benefits.
3. Your claim is sent to a Claims Examiner. That Claims Examiner reviews the facts that were provided by both you and your former employer. The Claims Examiner then issues a Determination letter that either informs that you are legally eligible for Unemployment Benefits or you are denied those benefits
4. If you are denied benefits then you can file an appeal to the Hearing and Appeals Division. You have fifteen (15) calendar days to file a further appeal. Contact the Unemployment Help Center below and we will do this for you.
5. Once your appeal is filed the next step is a Hearing before a Hearing Officer (Administrative Law Judge). These hearings are usually conducted by telephone but they are very similar to a Courtroom Hearing you may have experienced or seen on television or in a movie. Witnesses are placed under oath and asked questions about your employment history and, specifically, the reasons for separation from employment (fired, quit or laid off).
This is what the Unemployment Help Center, Ltd. handles – we provide highly experienced representatives who will prepare you for your hearing and then attend the hearing with you. We will present your testimony, make argument to the Hearing Officer and cross-examine the employer’s witnesses.
This Hearing is a crucial step in the road to obtaining your New Mexico Unemployment Benefits. The hearing is held de novo. This means that the New Mexico Hearing Officer is not reviewing the New Mexico Claim’s Examiner’s Decision, but rather listening and reading the facts as if for the first time and from the beginning. Anything that the New Mexico Claims Examiner found is not under consideration – you start fresh. Contact us for complete details about what will happen during your hearing.
6. Appeals to the New Mexico Unemployment Compensation Board of Appeals. You (or your employer) can file a further appeal from the New Mexico Hearing Officer’s decision to the New Mexico Unemployment Compensation Board of Appeals. The New Mexico Unemployment Compensation Board of Appeals will review the record made before the New Mexico Hearing Officer and issue a new decision. This means the listen to (or read) the transcript of testimony to determine if there were errors of fact or law that would change the decision below.
The New Mexico Unemployment Board of Appeals may grant or deny your application for appeal. In order for the appeal to be granted, the request for appeal must be complete and address specific points that were not thoroughly covered in the appeal with the Hearings Officer. If your application for an appeal with the Board of Appeals is denied, you will be notified of the denial by certified mail. If your application for appeal is granted, the Board may decide the case based on the record or they may schedule a hearing.
7. You may also file a further appeal to the circuit court in the county of the claimant’s residence. This is outside the jurisdiction of the New Mexico Unemployment Compensation Administrative process and you should consult with your local Bar Association at this point.
New Mexico’s seasonally adjusted unemployment rate was 6.9 percent in April 2012, down from 7.2 percent in March and 7.5 percent a year earlier.
The rate of over-the-year job growth, comparing April 2012 with April 2011, was 0.1 percent, representing an increase of 900 jobs. The state has now added jobs for nine straight months after posting losses for 32 of the preceding 33 months. Employment increased in six industries, decreased in six others, and remained unchanged in one. Educational and health services again led the growing industries, up 5,000 jobs from its April 2011 total. Mining, up 2,100, and leisure and hospitality, up 1,400, also posted large increases.
Professional and business services, down 3,400 jobs, registered the largest over-the-year decline, followed by government, down 2,200, and construction, down 1,300. The net loss in government comprised decreases at the federal and local levels and a very small increase at the state level.
How To Appeal A New Mexico Unemployment Determination
New Mexico Unemployment Insurance Claims and Benefits System. UI claimants will be required to maintain usernames and passwords for both the online jobs system (www.jobs.state.nm.us) and the UI claims system.