0078 3722 13
0078 3722 13 (Apr. 26, 2024) – The claimant had good cause for her late appeal pursuant to G.L. c. 151A, § 39(b). Because the DUA did not send her an email to check her UI Online account for an important notice, she did not receive sufficient notice of the determination within the meaning of the Due Process Clause. Once she learned of the determination, she filed her hearing requests promptly.
0080 2025 66
0080 2025 66 (Nov. 20, 2023) – An appeal of an April 24, 2023, Notice of Disqualification filed via U.S. Mail was received by the DUA after the 10-day appeal period. Although there was no postmark, the review examiner found that the claimant timely mailed her appeal on April 28th. Therefore, her appeal was not late and she was entitled to a hearing on the merits.
0080 6688 30
0080 6688 30 (Oct. 18, 2023) – When the claimant failed to timely appeal a determination denying his request to pre-date his claim, the DUA issued another determination denying him a hearing on the ground that his hearing request was filed late. The claimant also appealed this second determination after the statutory deadline. Because the claimant met the DUA’s regulatory criteria for filing a late hearing request on the pre-date determination, he was entitled to a hearing on the merits pursuant to 430 CMR 4.15. The review examiner had no authority under G.L. c. 151A, § 39(b), to deny the claimant that hearing simply because the second hearing request was late.
N6-H67D-F38K
N6-H67D-F38K (Oct. 13, 2021) – The claimant filed an appeal of an identity verification determination, but inadvertently attached the appeal to a different determination issued two days earlier. Where the substance of his appeal addressed identity verification and was filed nearly simultaneously with issuance of the identity verification determination, Board deemed the hearing request to have been timely filed pursuant to G.L. c. 151A, § 39(b).
BR-112257
BR-112257 (Mar. 11, 2011) – A claimant had good cause to return his hearing request 9 days late under G.L. c. 151A, sec. 39(b) and 430 CMR 4.14(6). The claimant promptly mailed it into DUA within the same window of time that he would have had if DUA had sent the determination to the claimant's correct address.