Month: July 2017

  • Developing Claims and Other VA Duties

    VA Duties come in all shapes and sizes.  A VA duty is an obligation with no wiggle room.  In other words, the Veterans Administration is required to complete a specific task.

    The point of stating the Veterans Administration did not do something specific is to help a Veteran acquire benefits.  Specifically, this is important during the appeal process.

    VA Duties under 38 CFR 3.159

    One of the most basic duties and responsibilities for the Department of Veterans Affairs is to develop a claim.  In my experience, Veterans Affairs does not develop every claim.  Luckily,  regulation 38 CFR 3.159 can help Vets remind the VA of their errors.

    As you can see, this rule assigns a bunch of important duties to the VA.  Just to name a few, their duties include:

    • Telling the veteran what kind of evidence they should acquire,
    • Helping veterans obtain evidence,
    • Getting records that are kept being kept by the government, and
    • Obtaining medical opinions.

    Now, the benefit of having a list of duties outlined in a regulation is the fact the VA breaches these responsibilities all the time, which financially, can be to a Veteran’s benefit.

    Developing a VA Claim

    The whole idea of sharing this is to show one of many strategies a Veteran can appeal a claim for benefits.  In other words, Veterans can find success proving up their claim upon identifying a moment where the VA breached a duty owed to a veteran.

    Veterans needing help with developing their claim or showing a breach in VA duties can contact me directly.  I wish you the best.

  • MN Taxable Estate Rules and Protection

    Yes, MN taxable estate laws are strict.  Unfortunately, Minnesota is 1 of 14 states (including the District of Columbia) that have an estate tax.

    In 2024, the state tax exemption amount is a math problem. As you can see under Minnesota Statute 291.016, the exemption amount is $5,000,000 minus an amount based on the date of death.

    Luckily, a trust can be a powerful tool in estate planning to mitigate and reduce estate taxes, providing individuals with a strategic way to preserve and transfer their wealth to future generations. Estate taxes, also known as inheritance taxes, can significantly diminish the value of an estate passed on to heirs. Establishing a trust allows individuals to navigate the complexities of tax laws and optimize their estate for tax efficiency.

    Credit Shelter Trusts Reduce Tax Liability

    One common way to alleviate estate taxes is through a bypass trust or credit shelter trust. This type of trust is structured to leverage the available estate tax exemptions. These trusts allow individuals to make use of their applicable exclusion amount by sheltering a portion of their estate from taxation.

    Bypass or credit shelter trusts are particularly beneficial for married couples, as it helps maximize the combined exemption amount, protecting a more significant portion of their wealth from estate taxes.

    Irrevocable Trusts and a MN Taxable Estate

    Another type of trust used to prevent a MN taxable estate is an irrevocable living trust. Unfortunately, placing assets into an irrevocable trust relinquishes ownership and control of those assets.

    That said, it effectively removes them from their taxable estate. This can result in a substantial reduction in the overall value subject to estate taxes.

    Other Taxing Reasons for a Trust

    In addition to minimizing the taxable estate, trusts offer flexibility in distributing assets to heirs. Specific instructions can be outlined in the trust document, ensuring that the assets are distributed according to the individual’s wishes while taking into consideration potential tax implications for beneficiaries.

    It’s crucial to consult with legal and financial professionals when considering the use of trusts in estate planning. They can provide personalized guidance based on the individual’s financial situation and goals, ensuring that the trust is structured in a manner that complies with tax laws and achieves the desired tax savings.

    Overall, utilizing a trust as part of an estate plan can be a strategic approach to reduce estate taxes and preserve wealth for future generations.

  • My Reconsideration Review With the Same Unemployment Law Judge

    The reconsideration review process for unemployment benefits is conducted by the same unemployment law judge that reviewed the phone appeal.

    In my experience, most applicants are surprised by this.  Like you, I agree that this process is unfair.  But, some of my most exhilarating moments as an attorney has been during the reconsideration process.

    Thus, I do not think the reconsideration review laws should be a reason to refrain from filing an appeal  or giving up entirely.

    Reconsideration Review Laws

    The laws for an unemployment reconsideration come from Minnesota statute 268.105.  The part related to a review for an unemployment reconsideration says the following:

    A request for reconsideration must be decided by the unemploymentlaw judge who issued the decision under subdivision 1a unless that judge:

    • (1)  is no longer employed by the department;
    • (2)  is on an extended or indefinite leave; or
    • (3)  has been removed from the proceedings by the chief unemploymentlaw judge.

    Exceptions to the Same Judge

    As we can see in the above referenced rule, there are three exceptions to the general rule.  In my experience, the exception that applies most often is when an Applicant specifically asks for their judge to be reviewed.  Unfortunately, this is a difficult request because it usually requires finding a reason the Judge was impartial.

    Sometimes, impartiality is obvious because the Judge will suggest they have an alliance with a specific group or employer.  Other times, the Applicant needs to search for an specific reason or find out anecdotally.

    Proceeding with a Reconsideration

    Once an applicant turns their attention towards the drafting stage for a reconsideration, I think the next step is related to a transcript.  From there, using Unemployment Laws from Chapter 268 is generally the next step for issue spotting.

    Finally, if you are in need of help and want to talk with an unemployment lawyer, please reach out.  I wish you the best.

  • Effective Dates for Veterans Appealing Their PTSD Claims

    Military veterans seeking PTSD claims need their symptoms recorded through medical records.  Effective dates for a VA claim help veterans recoup compensation.  PTSD is different for everybody.  However, failing to have it diagnosed or refusing to visit a medical doctor is an ill-advised strategy.

    Thus, the date of entitlement for PTSD claims begins with a military veteran finding medical professionals to record symptoms, reflections and impairments.

  • The Brownie Suspension That Went Viral

    The brownie suspension that took place the other day in Texas went viral.

    In case you missed it, here are the basics:  a worker purchased a brownie for a customer who happened to be a police officer too.  As a result of the purchase, the employee was suspended.

    Like you, hearing this sounds ridiculous.  But, maybe not.  Luckily, I think the biggest take-away isn’t the story itself, but preparing for a suspension at our own place of employment.

    Brownie Suspension:  Why it was Right

    I can think of a few examples why the suspension may not have been crazy.

    • Thee worker or employee used an employee discount to make the purchase,
    • Brownie transaction commingled money in the register with the worker’s discount,
    • Purchase delayed a different job duty,
    • Bakery didn’t want to show favoritism to any one group, or
    • Worker was using the situation for personal gain.

    Brownie Suspension:  Why it was Wrong

    On the other hand, there are a lot of social and public policies that discredit the suspension.

    From a legal perspective, an issue bigger than whether the suspension was credible is the idea of discrimination.  The act of suspending a worker for a potentially trivial issue opens a lot of ground for an EEOC claim versus the bakery.

    Brownie Suspension:  This is An Employee Victory

    The greatest value in brining this story to your attention is this:  any worker who gets suspended at work should consider the following.

    • Inquiring about whether they are eligible for unemployment while suspended,
    • Reflecting on whether the employer is an ideal fi long term,
    • Review whether the suspension was discriminatory, and or
    • Us the opportunity to return to work with positive changes.

    Every employee is different and every employment situation is different.

    None the less, I think the idea of getting suspended for purchasing a brownie will have a more negative impact on the bakery than the employees who work at the bakery.

  • Getting Copies of Your Unemployment Transcripts

    Unemployment transcripts are extremely important because they help formulate an appeal.  For example, obtaining your transcript can help applicants:

    • Identify testimony,
    • Make reference to lies,
    • Support procedural errors.

    Thus, obtaining a transcript from an unemployment case is a process I believe every applicant should engage.

    Unemployment Transcripts:  Rule in Minnesota

    The rule for obtaining a transcript depends on the type of appeal an applicant is seeking.  Although not always the case, Minnesota rule 3310.2917 supports applicants in their process of obtaining copies, evidence and testimony from their hearing.

    Unfortunately, the unemployment office does not always agree.  For this reason, making reference to Minnesota’s constitution along with a more diligent approach can sometimes support a transcript request.

    Again though, the type of appeal (court of appeals versus a request for reconsideration) will dictate the process utilized for obtaining unemployment transcripts.

  • Having a Game Plan for a Surprise Deployment

    A surprise deployment can feel like a kick to the stomach.  I know firsthand wearing the uniform and serving our country is a calling.  I believe in that calling too.  But, family first.

    Before you pack your c-bag, ask yourself the following:  can my family act on my behalf while I am gone?  I believe documents offered by JAG are great.  Military families with Minnesota ties can do better.

    Surprise Deployment Checklist

    At a minimum, here is a short checklist I believe is helpful to Minnesotans (National Guard and Reservists) encountering a deployment:

    1. Clarifying health insurance incase your policy expires while deployed,
    2. Giving notice to our employer(s) and customers,
    3. Using a Minnesota form to delegate child care,
    4. Double checking beneficiaries for financial accounts,
    5. Attaching a Pay on Death (POD) to checking and savings account,
    6. Making sure my spouse has has a durable power of attorney,
    7. Completing a VA Hospital healthcare directive,
    8. Completing a non-military health care directive,
    9. Implementing a power of attorney form specific to my branch of the military,
    10. And for some, engaging a revocable trust.  

    Thus, before heading out on your TDY or military deployment, lets talk about the bigger picture.

  • Fireworks for the Unemployed Can End in a Bang

    I hope your Fourth of July weekend is off to a great start.

    In case you didn’t know, I meet with unemployed workers all day long.  As you already know, seeking or appealing benefits can feel like a grind.  On the other hand, the Fourth of July is a special day.  For one, brining your family to a fireworks show is usually free entertainment and easy on the pocket-book given the situation at hand.  Second, this particular  holiday is a wonderful reminder of resilience and liberty.

    However, unlike fireworks, appealing an unemployment case with a bang is a horrible strategy for folks looking to protect or keep their benefits.  In my experience, applicants who approach their case as a renegade or “I have nothing to hide” mentality are setting themselves up for failure.

    Thus, before you convince yourself that you cannot go wrong by telling an unemployment law judge how it all “happened”,  please contact me for help.  Otherwise, I am fearful your claim will end with a bang too.

    I wish you the very best.