My employer just received a denial letter saying we failed to respond to our audit in time (Priority date was mid June) Apparently they send the audit notice in October but both my employer and lawyer say they never received it. I am shell shocked.
Who would the audit notice have been sent to lawyer/employer/both? Is it just sent in regular USPS or some sort of registered/tracked mail?
Also the denial letter seems to sya that in the case of denial based on non response to the audit it is impossible to appeal is this correct?
Please let me know as I am really struggling to understand where or how this could have been lost.
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In my case, my attorney received the audit notice. As far as I know my employer didn't receive a notice
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I had the same situation were the reason for the denial was "the company failed to respond in the timeframe estipulated in the audit notice letter". But that was not true and the company has proof of that response been sent and received on time by the Proccesing Center . It is true that the letter says that if you are denied by this cause you can not appeal for review to the BALCA , But the Lawyer of the company said that the notice of denial says that you have 30 days to request a reconsideration in the desiciont o the certifying officer if you have enough grounds to prove it,wich is my case, then The company sent a letter requesting a reconsideration of the desicion to the certifying officer with copies of the waybill from DHL and the copy of the signature of receival of the documents by the Processing Center. I hope it works. Does anybody had the same situation?
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Unfortunately my audit letter never arrived at my lawyer. So the missing communication was from the DOL to us and apparently the DOL just send the letter via non registered USPS. My company and lawyer are actively talking to DOL but it's very unclear if we are making any progress.
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In my case, my lawyer got it too, not the employer
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I got the denial for the same reason, even though according to my lawyer it was submitted on time.
lawyer sent a request for recosideration with the evidence that they sent docs on time, but I don't know how long this will take.
Can anybody tell me if they have any idea about how long this will take.
thank you
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