What is the legal process for presenting my claim, and how long will it take?
Sometimes an issue in the claim can be presented to DOL, and a claims examiner there will issue a recommendation that all parties can accept. The recommendation, however, is not binding, and either party is free to pursue the claim to formal hearing. If that occurs, the claim file is referred to the Office of Administrative Law Judges for the scheduling of a hearing. Several months later, the case will be set for hearing in a week in which many other cases will also be heard. The parties will be required to identify witnesses, exchange documents to be used at trial, and to discuss settlement. The case will be presented in a formal administrative hearing procedure, although not all rules of evidence and procedure applicable to other court cases are observed. Typically, several months to over a year pass before the judge issues a written decision. At that time, your entitlement, if any, will be spelled out and the file will be returned to DOL for implementation of the decision.
