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New Mexico

 

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.
 
THE STEPS
 
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.

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How To Appeal A New Mexico Unemployment Determination

 

 

Appealing a Notice of Determination
You may appeal any Notice of Determination with which you disagree. Other interested parties, such as your employer(s) may also appeal the same determination. Both have 15 calendar days from the date of the determination in which to appeal the determination. If you file a late appeal, you must provide an explanation. The Appeal Tribunal will determine if good cause for filing a late appeal is established.
You may either send a letter, send a fax directly to the Appeals Tribunal at (505)-841-8633 or contact a CSR to appeal the determination. Always include your social security number on each page of your correspondence. Your appeal rights are on all determinations you receive. Once an appeal is filed you will receive a copy of the Appeal Information form.
 
WE WILL FILE YOUR APPEAL FOR YOU AT NO CHARGE!
 
Your Appeal need only state that you disagree and wish to appeal - you do not (and in most cases should not) include specific information in an appeal letter.  You will have to go to a New Mexico Unemployment Hearing and this negates the need to provide details in your appeal.  
 
In New Mexico as in most states, it is VERY VERY VERY important that you file your unemployment appeal within the the fifteen (15) day time period.  

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Unemployment Insurance (UI) claims are processed by the New Mexico Department of Workforce Solutions (NMDWS), and there are two ways to file for unemployment:

    The internet (www.dws.state.nm.us)

    OR

    • The toll-free number 1-877-NM-4-MYUI (1-877-664-6984)
    •  
    •  

    You can file your new (initial) Unemployment Insurance claim online. Click on "Apply for Benefits" under "Unemployment Insurance." Computers are available at your local Workforce Connection Centers and local libraries. Our Unemployment Insurance claims system is available to take initial claims or weekly certifications from 3:00 a.m. to 8:00 p.m. daily. Please allow at least 30 minutes to file an online claim prior to system down time.

    All individuals applying for and receiving unemployment benefits will be required to log into the New Mexico Workforce Connection Online System (www.jobs.state.nm.us) first in order to access the 

    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.



    You can also file by phone by calling 1-877-NM-4-MYUI (1-877-664-6984). After following the automated prompts, your call will be transferred to a Customer Service Agent (CSA) who will complete your claim. Our Unemployment Insurance Operation Center is open from 8:00 a.m. - 4:30 p.m., Monday - Friday.



    Whether over the internet or by telephone, you will need the following information to file a new claim:

    • Social Security Number
    • Mailing address and phone number(s) of employer(s) you worked for in last 18 months
    • The starting and ending dates of your last job (or jobs if more than one employer in last 18 months)
    • If you are a non-citizen, have your alien registration number and expiration date
    • If you worked during the week you are filing your claim, be sure you know the gross amount (total dollars and cents before any deductions) of your pay before filing
    • Pencil and paper to write down questions and instructions
    • Certain claim issues relate to the eligibility requirements of unemployment insurance. Issues can include: if you have become a student; are unable or unavailable for work; if you have moved; if you are working; and if you are not actively seeking work. Issues on a claim can take between 6-8 weeks for a decision to be made.

      If you are a student, fax your school schedule to (505) 222-9246. School schedules are normally completed within 21 days of receipt. Please write your social security number on any papers you fax to NMDWS.

      If your New Mexico Unemployment claim issue relates to a separation issue, NMDWS’ adjudication unit will contact you. For a separation issue, you and your employer will be asked to describe the circumstances surrounding your employment separation. Based on the information provided, a claims adjudicator will issue a decision within 4-6 weeks in accordance with New Mexico unemployment insurance law. The decision may delay or deny payment. You will receive a written determination within 4-8 weeks from your date of initial claim. If you are denied benefits and you do not agree, you may appeal the decision within 15 days from the date of determination. You should continue to certify if you are appealing the determination.

     

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