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Both you and your employer are entitled to speak and present your cases at the hearing, including offering evidence that supports your positions. Denver, CO 80201-8988 I appealed. You must continue to request benefits while your appeal is pending in order to receive payment for those weeks if you win your appeal. Except in the most unusual circumstances, the Panel may not set aside the Hearing Officer's Decision on the ground that he or she mistakenly believed or disbelieved certain testimony or evidence. Whether you are starting your first company or you are a dedicated entrepreneur diving into a new venture, Bizfluent is here to equip you with the tactics, tools and information to establish and run your ventures. The hearing officer will conclude the hearing after all testimony is taken. But . However, it is important that the brief be concise. An appeal is a written disagreement of a Notice of Decision that was issued by us. Therefore, if the opposing party has arguments to make in support of the Hearing Officer's Decision, they should file a brief when they receive the hearing recording and initial Notice of Appeal and Opportunity to File Additional Argument. 13. We cannot give the results of the hearing over the phone. If you want to receive your unemployment money after your appeal, you must continue to file your weekly claims certifications and maintain eligibility. State law gives TWC sole authority in disputed unemployment benefits claims; no other state agency or official can affect the outcome of an appeal. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 If you decide not to appeal the decision and are found ineligible for benefits, you won't be eligible again until after you've earned a certain amount of money from a future job. You can also have a friend, relative, union steward, trade organization, law student, or anyone else represent you at the hearing. You might win your appeal only to receive notice that your employer is again appealing the decision so your successful unemployment appeal can be reversed. Your question will be referred to the appropriate staff member for response. This notice simply confirms that the Appeal Tribunal received your letter of appeal and that the appeal is being processed. You may file a late appeal by mailing a written statement indicating you are appealing to: ICAO, PO Box 18291, Denver, CO 80218-0291. Mail your appeal to: Know the issues that will be addressed at the hearing and decide if you need to obtain or submit documents, other evidence, or if you need to have witnesses. Lower Authority Reversals Rates by states: Quarter Ending 2022 Quarter Ending 2021 Quarter Ending 2020 Archived Data Higher Authority Reversals Rates by states: For a list of Workforce Centers, go to www.colorado.gov/cdle/wfc. The brief is the party's written argument explaining the reasons that the Hearing Officer's Decision should be set aside, reversed, or affirmed. Gather any documents that will support your facts in this case, such as: Pay stubs, correspondence (emails or letters), If you want to introduce evidence in an electronic format, you need to contact the Regional Hearings Office as soon as possible, If you plan to have witnesses testify on your behalf, you should identify and contact them as early as possible to request their participation at the hearing. CLAIMANTS You can submit your appeal online through MyUI+ by viewing your Notice of Determination, or by using the form on the back of the Notice of Determination to write and submit an appeal statement. Appeal procedures are designed to carry out the Unemployment Insurance statutes and regulations. You will be allowed to question the other parties, and they will be able to question you. If you submitted the appeal, you must participateor your appeal will be dismissed. The brief should include the facts that are relevant to those reasons and any argument in support of the result you are seeking in the appeal. If you are disqualified based on your separation from a particular employer, you may have to repay the benefits you have already received based on that employment. Interest or payment plan charges may apply. Put the claimant's name and social security number on each page. You will want to bring multiple copies of any documents that you want to present as evidence to be able to give to the judge and the other side. When the state labor office denies your unemployment claim, it means your information doesnt meet eligibility requirements at this time. Links to information regarding legal rules and resources are below. Therefore, the briefing process is not an opportunity for parties to submit additional testimony, documents, or other evidence that was not presented at the hearing. If you are denied unemployment benefits, you have the right to file an appeal. The Administrative Law Judges on the Panel will review and consider your appeal letter whether or not you file a brief. If you feel strongly that a response brief needs to be filed, you may file a written motion (request) and explain why you feel a response brief is necessary. information about your work history in the last year and a half, including the name, address, and phone number of every employer you worked for, your dates of work, and what you earned, and; the reason why you are no longer employed by your previous employer. During the entire process, you wont receive any unemployment compensation payments. Hotline hours are Monday-Friday, 8 a.m. to 5:30 p.m. No. The courts have found this form to be useful in setting out a party's argument on appeal.) How long after the hearing will I have to wait for a decision? If a witness will not participate voluntarily, or if a critical piece of evidence is held by another person, you can request a subpoena. (In general a brief filed by a lawyer will contain a short introduction of the matter to be reviewed, a statement of the issues, an argument along with supporting rationale, citations of authority and references to the record, and a conclusion stating the precise relief sought. Prepare for the hearing by reading all materials in the hearing packet. (877) 994-6329 (fax) Overview. It should not replace advice from a lawyer. So after winning an appeal, you might wonder: Wi .more. Mail at 875 Union St NE, Salem, OR 97301. If the appeal decision is in your favor, you will receive payment for every week you are eligible, have properly certified, and submitted your weekly work search records. Please include all of the following:1) the claimant's name, AND 2) the docket number, AND 3) the date of the decision you are appealing. If it is past the 20-calendar-day deadline, you can still submit an appeal. A "Notice of Appeal and Opportunity to File Additional Argument" is sent to both parties, along with a copy of the hearing recording. Write a letter asking for an appeal. Unemployment Fraud; Your Rights & Responsibilities; If You Already Filed a Claim. If you have not received a call within 10 minutes of the time listed, please call 303-318-9299. The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Although hearings are naturally adversarial, do your best to remain calm and polite when speaking to witnesses, your employer, and the judge. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Intentional overpayments are situations where you purposely concealed or misrepresented information to receive benefits. As a freelance writer for the Centers for Disease Control, Nationwide Insurance and AT&T Interactive, her work has appeared in "Insurance Today," "Mobiles and PDAs" and "Curve Magazine." You can find out for sure by calling the Division of Unemployment Insurance at 303-318-9000 or toll-free at 1-800-388-5515. What if I miss the deadline to file my appeal? Judges are concerned with the facts of the case, so do not view the hearing as an opportunity to seek revenge or insult your former employer by being rude or argumentative. If you do not participate, the hearing officer will hold the hearing without you and without your side of the story. If you dont pay the overpayment back to the state, you can be penalized further. For example, it may be that you didn't commit the act of misconduct for which you are charged or that you have a reason why it was a mistake, not intentional. 1,476 views Feb 23, 2022 OK unemployment appeals are taking about 6 months to process (as of 2/23/2022). A subpoena will not be granted if it is burdensome, if the testimony adds nothing to your argument, or if it repeats other information. You can raise the issue and the employer would have the burden of proof to establish that your termination is for cause.. Through a hearing, we showed that he was actually eligible for $582 per week. Social Security number. No. Your former employer also can appeal the decision. Most states provide multiple levels of review of unemployment decisions, with the final decisions going to an appeals court. It does sound like you might have a basis for an appeal if the Employer is using flase evidence. The Panel may or may not grant the motion. The reasoning behind this rule is that if you dont qualify for benefits and the state gives them to you during the appeal, youd have to pay that money back. Do not appear for a hearing in person unless the Appeals Unit has granted an accommodation. Does anyone know how long it takes after winning an appeal before you finially get paid? Got a letter from appeals judge on 11/28/2011 stating I WON the appeal. What evidence can I present at an appeal hearing? File a weekly claim as required - Claims filed late may be denied. If you still cannot locate a computer to listen to the hearing recording, you can pay a fee to get a copy of the hearing transcript. Appeals hearings are scheduled by telephone. If there is a formal determination by the Labor Board, the only thing you can do is to put in for a formal appeal of your status. If you are a claimant and are still unemployed, regardless of whether or not you are receiving benefits, continue to request payment every two weeks and continue to meet all other requirements during the appeal process. Getting a letter in the mail from your state unemployment agency that you need to repay unemployment benefits improperly sent to you can mean a lot of mental and financial stress for claimants. You must register for the hearing by phone no later than 2 p.m. Mountain Time the calendar day before the scheduled date and time of your hearing, including weekends, so that the hearing officer can call you at the time and date of the scheduled hearing. An appeal submitted online or by fax is not considered filed until the department actually receives it. 7. If the 20th calendar day is a Saturday, Sunday, or legal holiday, the due date becomes the next business day. If you are facing an unemployment overpayment, call LSNJLAW SM, Legal Services of New Jersey's statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529). If approved, it tells you to continue filing your certifications. please do not use the appeal form to file new claims for benefits or to file an appeal with the unemployment insurance agency! If the above options do not meet your needs due to your specific circumstances, you may contact the Unemployment Insurance Contact Center and they will take your request by phone at (877)345-3484. Provide any address changes and interpreter information on the form. Update after calling every other day this week I got a specialist to get a claim review for me yesterday a d As of this morning my claim says "Paid" but still waiting for money to hit card. This page is located more than 3 levels deep within a topic. Call us as soon as possible to request an interpreter at 303-318-9299 or 1-800-405-2338. It can take some significant time until a final verdict is reached, much less until you receive any back pay you're owed. Bring all relevant documents to the hearing with a copy for the review examiner and a copy for the other party. The notice you'll receive explaining the problem should include instructions as to what to do if you want to respond. Include your written appeal statement and both the front and the back of the Notice of Determination you are appealing. If you are the opposing party, you will be mailed a hearing recording along with a Notice of Appeal and Opportunity to File Additional Argument in support of the Hearing Officer's Decision. A hearing officer will review your request and has the authority to either grant or deny it. If you lose the first round appeal or hearing, you can appeal that decision to an appeal board that is part of the same unemployment agency. Fax at (503) 947-1335. On your next pay date, you receive your current unemployment payment and a lump sum of your back pay. Had a hearing on 11/23/2011. NOTE: If your appeal is received more than 180 days late, a hearing will not be scheduled, the appeal will be dismissed, and the deputy's decision will become final. In this last case, the claim is returned to the Hearing Officer and he or she will write another decision that may then be appealed again.). Both employees and employers have a right to appeal a worker's approval or denial of benefits. 5. Phone Applicants: Create an Account; Online Applicants: View the Current Schedule for Claiming Weekly Benefits; Certify for Weekly Benefits; Check Claim Status; Reopen an Existing Claim; Get Tax Forms (1099-G) Update Your Information; Verify Your Identity; Change . You also must continue to meet eligibility requirements. A Notice of Decision must have been issued in order to submit an appeal. If your employer appeals and the decision is in favor of the employer, you may be required to repay all or part of the Unemployment Insurance benefits that have been paid to you. If you cant make the payment in one lump sum, some states allow a payment plan, but you have to contact the office listed on the notification to set it up. I live in NM I was denied extended benefits on 9/18/2011. Provide the following information in your request: Reference to any specific organizations, attorneys, law firms, corporations, or websites does not constitute DUA's endorsement or recommendation. The hearing packet you received includes a Notice of Unemployment Insurance Appeal Hearing, an appeal statement, and all relevant documentation from the claim file. Contact Information The main telephone number for UA Appeals is 313-456-2700, and is the preferred method of contact. The representative will also have an opportunity to question you and your witnesses. 6. The Industrial Claim Appeals Office will review your appeal and will mail you a decision to inform you if your appeal for failing to participate is accepted. Please do not send cash through the mail. 4. Usually, you have to file your appeal fairly quickly. Currently, employers pay taxes that contribute to unemployment benefits. No. If we cannot process the appeal for a hearing, you may receive a different kind of response. In other words, the Hearing Officer, and not the Panel, decides what testimony to believe and what testimony to reject. During your closing statement, recap the main facts of your argument and remember to be concise. The hearings are informal. A lock icon ( Both you and your employer will have an opportunity to present your respective side of the case. You may also apply online. You can reach out a third time to the Appellate Division of the New Jersey Superior Court if the second review doesn't go your way. Phone: 609-292-2669. and the reason(s) for your appeal. How should I prepare for an unemployment appeal? This is consistent with the briefing process in Colorado courts and other administrative proceedings. The Hearing Officer's Decision will be mailed to you as soon as possible after the hearing. For more information, visit Appeal a Hearing Officer's Decision. It is important to get false statement penalties reversed for a few reasons. Remember that this hearing is your only chance to present your side of the case, so you will want to prepare an organized presentation of why the state was wrong to deny you benefits. We must receive your appeal within 20 calendar days of the date mailed at the top of the Notice of Decision. If we receive your written appeal late, a hearing will be scheduled. You may access that form from the ICAO Reference Library. This also means you usually have to have worked for your employer for at least a year. You're entitled to receive the benefits that accrued while the appeals process was ongoing as well as future benefits as long as you keep your initial claim alive. If the employer wins, you may have to pay back any benefits you have received. 9. Contact Us. There is a transcript preparation fee charged at $2.12per minute. However, if after you review the hearing recording you decide that your appeal letter contains all the arguments you wish to make, then it is not necessary to file a brief that merely repeats those arguments. If you lose at your hearing, you can appeal to a higher level of review. When your state reverses your unemployment insurance claim, the situation is different from a denial or discontinuation of your claim. If you submitted the appeal, and you missed the hearing, the appeal was dismissed. Often, the state writes off your debt to a debt collection agency after a few months; the agency may add further interest and fees to it. Application for Transcript Fee Waiver. Auxiliary aids and services are available upon request to individuals with disabilities. For example, if your appeal is on a Monday, you must call the registration line by 2 p.m. Mountain Time the Sunday before. This fee must be included with your request for a transcript. We process appeals in the order they are received. Curtis holds a Bachelor of Arts in communication from Louisiana State University. There's the unemployment process, and then there's the unemployment process during the coronavirus pandemic. You can find the guidelines in the Regulations Concerning Employment Security Regulation 12.1.8. The Appeals Section has no authority to change, fix, reopen claims, or issue PINs. The Hearings Department makes every effort to send the written decision of the review examiner within 2-4 weeks after the hearing is over. Also, if you have newly-discovered evidence that could not have been produced at the time of the hearing, you may explain in your brief why the evidence was not previously presented and ask the Panel to remand (return) the case to the Hearing Officer for consideration of the evidence. PO Box 8988 The opposing party may, however, determine that a brief is unnecessary and elect not to file a brief. Approximately two weeks after filing your letter of appeal, you will receive a Notice of Telephone Hearing from the Appeal . State time limits range from ten to 30 days or so after the agency mails you notice that your claim has been denied. You will almost always be denied any future unemployment benefits until you pay back your overpayment. . Colorado: 3.5% Fortunately, you will be able to present witnesses and evidence at the hearing to prove your employer wrong. The second letter (Notice of Hearing) is sent when we schedule the hearing. The hearing officer will question the parties and witnesses, keep the hearing focused on the issues at hand, and enter evidence as exhibits if requested by the parties. When we receive your request, we will send you 2 letters, either electronically or by U.S. Mail, depending on the method you selected when you filed your claim for benefits. You have the right to be represented by an attorney or other individual at your own cost, but whether you obtain representation is up to you. Unemployment back pay. Only if you win the appeal, you can receive those weeks of pay. If you cannot afford the cost of the transcript, the Application for Transcript Fee Waiver Form must be included with your request for a transcript. If that happens, you must provide a detailed explanation, under oath, of the reasons why your appeal is late (this is called showing good cause). When is my appeal due? In a best-case scenario, you just won't receive back pay for that first week if you were initially approved but your employer then appealed. The Unemployment Appeal Process One of your rights during the unemployment appeal process is the right to appeal the state's determination decision. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. The name and mailing address of any . Appeal your unemployment benefits decision online, for Appeal your unemployment benefits decision, Call DUA Hearings Department, Boston office: at, Call DUA Hearings Department, Lawrence office: at, Call DUA Hearings Department, Brockton office: at, Call DUA Hearings Department, Springfield office: at, of Appeal your unemployment benefits decision. It's possible that you could be approved for benefits, only to find out later than your employer is appealing the unemployment decision. Watch for any correspondence from the employer or the unemployment agency. For more information about the appeals process, read The Appeals Process, Publication AS-52, or call us at 303-318-9299 (Denver-metro area) or 1-800-405-2338 (outside Denver-metro area). The hearing officer will contact them as needed. Make sure to follow up on any such request by confirming it in writing (and to retain a copy) in order to make a paper record. Equally, employers can appeal the determination of eligibility, qualification, or the amount of benefits awarded to their former employees within 30 days. How should I conduct myself at the hearing? Typically, you will not hear from us until you receive a Notice of Unemployment Insurance Appeal Hearing (hearing packet) in the mail. Consequently, decisions of the Industrial Claim Appeals Panel in an Unemployment Insurance case are available only to the parties involved in that case. Be able to work - You must be mentally and physically able to work your normal work week. If you win your appeal, the Benefits Department will change your claim. The statutes and the regulations of both the Mississippi Department of Employment Security and the Appeals Department are available at all WIN Job Center . A brief is your opportunity to provide the Panel with a more detailed or specific explanation of why you feel the Hearing Officer's Decision should be reversed or affirmed. Email, fax, or hand deliver your request to the Appeals Tribunal or Board of Review. Please remove any contact information or personal data from your feedback. Notice of decision and right to appeal arrive after hearing date. When unemployment benefits are reversed, you must pay back the overpayment amount whether it was an intentional or unintentional act. You are not required to be represented by an attorney. When an employee files for unemployment, the employer will receive a notification from the state unemployment commission. Curtis holds a Bachelor of Arts in communication from Louisiana State University. Rather, the Administrative Law Judges may only review the Hearing Officer's Decision and the record created to determine whether he or she made certain types of errors. Unemployment agencies strictly enforce their deadlines. Most states provide a written decision that explains the basis of the decision and the effect of the decision. In other words, this is your chance to say why you feel the Hearing Officer's Decision should be changed or should stay the way it is. Please do not send back your copy of the hearing recording. Must be unemployed through no fault of your own. Keep claiming your weekly benefits so you eventually receive back pay if you win the appeal. If you want a lawyer at your hearing, you must find and hire someone as soon as possible. Regulations Concerning Employment Security. 6. Please do not include personal or contact information. Learn how to request an appeal. The Industrial Claim Appeals Panel will not conduct a hearing. It is therefore rarely helpful to argue to the Panel in a brief that some particular testimony was truthful or untruthful. If there is anything that you believe is important that the judge leaves out, you should respectfully ask for the opportunity to testify about it. You may be required to submit a written letter explaining why the appeal decision was correct. getting this decision reversed will mean you do not have to pay a false statement penalty . After submitting your documentation, you are required to also provide your documentation to the other parties listed on the Notice of Hearing. Your unemployment benefits will not stop unless the employer wins the appeal. Appeal your unemployment benefits decision, Let you know if the hearing is in-person or by phone (if by phone, we will include a phone number and a PIN). Division of Unemployment Insurance Appeal s | 303-318-9299 | Contact Us Industrial Claim Appeals Office | 303-318-8133 | Fax 303-318-8139. If you have filed for unemployment benefits (claimant) and think you should have received a Notice of Determination, or if the phone line or MyUI says you are disqualified or postponed and you don't know why, call the Customer Contact Center at 303-318-9000 or 1-800-388-5515 to find out. The Administrative Law Judges on the Panel are highly experienced in recognizing the pertinent evidence and the merits of the arguments made on appeal. to Appeal your unemployment benefits decision. See Question 8. Acceptable methods of payment are cash, check or money order made payable to the Industrial Claim Appeals Office. Focus on the issues under appeal, and remember that new information cannot be introduced during the hearing. Please choose only one method for filing your brief. If the employer files a brief, the claimant will be sent a copy of the employer's brief, and will be notified if the Panel will allow a response brief. The information presented on this site is not legal advice. Hearing officers must follow state regulations when reviewing the reasons why something is late or did not occur. Claimants who are appealing a denial of benefits should continue to request payment biweekly. Benefits are available for up to 26 weeks. Attach additional pages if necessary. Benefits do not stop during the appeal process. If you get a notice that you were overpaid on your own unemployment benefits, you will need to write an unemployment overpayment appeal letter within ten to fifteen days. The process for appealing a denied claim can vary slightly from state to state, but the rules are generally similar. Be prepared to counter your employers allegations, whatever they may be. Definition An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process. Both parties can have as many as 30 days to respond to the first decision and appeal it, although it's only 15 days in Pennsylvania and extensions can be granted for certain circumstances such as illness. Claiming it can be a process, however, and it's not without its challenges. Written postponement requests will not be granted. Amount and Duration of Unemployment Benefits in Texas. Even if you are not currently unemployed, or do not want benefits from that employer, it is in your best interest to participate in the hearing. To be eligible for UI benefits, one must: 1. You may send the brief by mail, fax, email or hand-deliver it to the offices of the Panel. Depending on the schedule and the number of appeals filed, the appeals process can take a couple of weeks or several months. Once you receive your denial in the mail, you typically have between 10 and 30 days to request an appeal. 2. Most appeals to an appeal board involve only a written submission, rather than any in-person testimony. The reversal rate report covers the one-year period ending with the selected quarter-ending date. Example: An employer disagrees with the Hearing Officer's Decision in a particular claimant's case, and timely submits an appeal to the Panel. If you win your appeal, you will be paid for only those weeks for which you filed a biweekly claim. You can also find the same information under the Downloads section at the bottom of this page. The hearing officer will identify the case and all persons present at the hearing. Unemployment Appeal Won , November 23, 2022 Unemployment Hearing Won: Our client worked for a temp agency where she was assigned to work that she could not physically perform due to medical conditions. You may file an appeal with the Hearings Department within 10 calendar days of the mailing date on your Notice of Disqualification. You must tell us why you cannot participate in the scheduled hearing. The EDD told us, "for the month of December 2020, once the appeal and evidence arrived at the CUIAB, appellants waited on average 39 days for an UI appeal decision.". must continue to request benefits while your appeal is pending in order to receive payment for those weeks if you win your appeal. Please understand the hearing officer may be calling multiple parties so the call may not come at the exact time listed on the notice. We process written appeal requests and schedule hearings for those requests. If you still cannot locate a computer to listen to the hearing recording, you can pay a fee to get a copy of the hearing transcript. If more time than this has passed, please call the Customer Contact Center at303-318-9000 or 1-800-388-5515. A written argument is NOT an invitation to submit "new" evidence that was not presented at the hearing. The following are the progression of appeals: Commonwealth Court appeals may be filed in person or by mail with the Prothonotary of the Commonwealth Court of Pennsylvania, Pennsylvania Judicial Center, 601 Commonwealth Ave., Suite 2100, P.O. She only got $10,000 in unemployment and received a letter asking her to pay back more than $4,600 of that, she . You may file your appeal in person, by fax, or by mail. Look at the top of the Appeal Tribunal decision and you will find a "Date Mailed" date. Each state has its own procedure, so after your hearing is scheduled you may want to contact your local unemployment office or state agency for specific information regarding the appeal process. Claimants should continue to request payment biweekly. Parties have the right to be represented by an attorney or other individual at your own cost, but whether you obtain representation is up to you. You can appeal the Hearing Officer's Decision to the Industrial Claim Appeals Office. 2. Otherwise, we will deny your request for the appeal, and you will have the right to appeal the denial. If the overpayment was unintentional, either you or the state labor office made a mistake that caused you to receive money you didnt qualify to receive. Request attorney fee approval from the Department of Unemployment Assistance, Request attorney fee approval from the Board of Review, contact the Department of Unemployment Assistance. The majority of states have also waived their waiting periods, and some have gone so far as to waive higher unemployment tax rates for employers when numerous employees apply for benefits due to the pandemic. And already the unemployment rate has soared to 14.7%its highest since 1940. Include a clear explanation of what you disagree with and why you disagree with the Notice of Determination. This is an especially dreaded prospect for many who collected standard and/or the now expired pandemic unemployment benefits in the past, but have now exhausted those funds. When the decision is made, youll be sent a written decision either electronically or by U.S. Mail, based on the method you selected. Use this button to show and access all levels. However, an attorney can help guide you through the appeal process and provide peace of mind. Most states offer payment plan options if you cant pay back the money you received right away. Be sure to dress and behave professionally at all times. This state is particularly generous about the appeals process. Alternatively, the decision may find that you were ineligible for a certain period of time but allow you to collect benefits after that period. stellaris corroding warship, standing stork test brian mac, lisa su husband, , which dc character has the highest kill count, eddie simon paul simon's brother, nyz space series c1 wireless earbuds manual, when will vince carter be a hall of famer, value network of mang inasal, tri town news sidney, ny obituaries, michael farrell obituary manhasset ny, eureka jo and zane first kiss, il fornello nutritional information, what happens if an airbag is underinflated, military dogs reunited,
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