Anyone has experienced erraneously "closed" case from BEC?

lost4ever

Registered Users (C)
Hi All,
I called up my HR and talked with her regarding the status of my labor. She told me that our attorneys are "fire-fighting" with DOL because my case has been erranenously closed by BEC saying that they didnt get response to 45 days letter. :( Anyone else on the same boat? My attorney has send all the proof including fedex tracking number to DOL to reopen the case. I dont know what they will do with my case:(

Anyway, I read an article in Murthy.com that says " To date, the BPCs have completed action on 12,000 cases. This figure, however, includes cases on which they have received voluntary withdrawals in response to the 45-day letters to employers requesting verification of continued interest in pursuing the case. It also includes cases that were otherwise closed due to, for example, non-receipt of response to the 45-day letters.
©MurthyDotCom
There was a rather vigorous discussion about the many cases where either the employer or the attorney had submitted responses to the 45-day letters but the DOL had closed the case in error for failure to respond! Many attorneys voiced their concerns about the problems surrounding this issue. The DOL has not devised an efficient system for fixing this matter, particularly for obtaining proof that the case has been reopened, much to the frustration of all parties concerned. The DOL indicated that the sending of these "closed" letters was a computer glitch and stated that, if proof of the response to the 45-day letter is sent, the case will be "reset" and a letter will be issued to that effect. This reopening will not change the priority date. It is certainly hoped that this problem with the DOL will discontinue, that previously erroneously closed cases will be reopened without difficulty, and that systems will be put into place so that proof of the reopening will be sent in an efficient manner to the employer and the attorney. Given this issue, the number of completed cases may be overstated."

Saw this news first before calling my HR. Otherwise the news would have caused heartarrest. :(. Please let me know if any of you had similiar problems.

Thanks
Lost4Ever

My PD: 8/2002, EB3, SFO
RD: 8/2003
BEC #: P-04306-xxxxx
Rec'd 45 letter: Jan 2005
Replied to 45 letter: Jan 2005
Got the "closed" letter - May 20, 2005
 
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