What arguments could convince the board members to reverse the decision?
The Board members are going to review the audio recording of the hearing and the appeal file to see if the judge made an error in the case.
The board could conclude that the judge made an error, for example:
- By not acknowledging testimony at the hearing or other evidence in the case file;
- By mischaracterizing the evidence at the hearing;
- By misstating the legal standard, or contradicting other cases that the CUIAB has decided.
The Board is not likely to reverse an ALJ simply because the Board members thought the story one person told was more believable than the story another person told at the hearing.
If you know that an error was made by the judge, you will want to explain why the judge made an error in your appeal. Try your best to address the specific reason(s) the judge did not decide in your favor, and why that decision was incorrect (either because of facts the judge did not consider or because the judge misapplied the law).