Tag: Appeal Unemployment

Appeal unemployment articles and and information from an unemployment lawyer in Minnesota. Issues discussed include phone appeals, reconsiderations, appeals to Minnesota’s Court of Appeals, and appeals to Minnesota’s Supreme Court.

  • What To Do When Denied Unemployment in Minnesota

    What To Do When Denied Unemployment in Minnesota

    Being denied unemployment benefits in Minnesota is the same as being ineligible. Usually, a person will find out about a denial by viewing their account online. Also, the unemployment office is supposed to send out a written notice too.

    Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.

    Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.

    Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.

    Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.

    Instead, the goal is to perfect the opportunity to meet with an Unemployment Law Judge.

    The button on the unemployment website asking you to file an appeal will introduce four questions:

    • The reason for the appeal;
    • Whether you intend to submit evidence or introduce a witness;
    • Whether you are going to have an unemployment lawyer; and
    • Do you need an interpreter.

    In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.

    Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.

  • Unemployment Appeals in Minnesota

    Unemployment appeals in Minnesota are strange. This is true because there are many different points in which an appeal becomes available. Knowing where you are in the appeal process is just as important as the other tips outlined below.

    Of course, timing is an issue too, but assuming there isn’t a timing deadline, allow me to address the ultimate issue. Is less better and more is worse, or is it the opposite true? Unfortunately, it depends.

    Unemployment Appeals In General

    An appeal for unemployment benefits is a lot like spaghetti junction. Each twist and turn brings about something different. Stress can compound itself when poorly drafted responses and horribly misrepresented events are highlighted by employers.

    In either case, help get your appeal back on track by exploring each the how and why.

    Now, if you have been getting documents in the mail, put them off to the side after putting them in chronological order. If this in itself is confusing, I am referring to any and all letters sent out through Minnesota’s Department of Unemployment Insurance.

    Next, compare your newly organized letters to the information found inside your online benefit account. Are their letter matching up with the issue identification number attached to your case?

    Now, determine how many appeals are necessary. If none of this is is familiar, do not despair. I recognize the impact of stress, the need for benefits, and likely inexperience families have when responding to these types of legal issues.

    The way out is pinpointing the Minnesota unemployment law that supports benefits, while hedging your appeal strategies with the opportunity to acquire benefits through other means.

    Writing an Appeal for Unemployment

    Before submitting a written response to the unemployment office, first address where you are in the appeal process. Here are a few examples:

    • A hidden opportunity as a result of a wage and salary statement,
    • An initial appeal to a denied claim,
    • A response to a phone decision,
    • A request for reconsideration,
    • An appeal statement to Minnesota’s Court of Appeals, and
    • A number of points in-between.

    Every response and submission will pop up in the future, which is why you must realize how your response will fit in to the bigger picture. Thus, your written appeal depends on your starting point.

    Unemployment Deadlines for an Appeal

    Now that the foundation of an appeal has been set, lets address the next issue: appeal deadlines. Unemployment deadlines always run the show. When deadlines have come and gone, an appeal statement may need to address other issues, like timeliness and or a lack of notice.

    On the other hand, if the deadline for the appeal for benefits is still in the future and before you can draft a response, please consider how the appeal will look. In other words, how the appeal gets perfected.

    I very much dislike the need to use legal jargon, but it is important. If you are unfamiliar with “perfecting” an appeal, in general, this means the process of making sure the unemployment office receives notice that a decision or matter is being challenged.

    Remember, there are may different types of appeals. And, just because your online benefit account seems easy and straight forward, never under estimate technology and the internet failing us when we need it the most.

    Filing an Appeal for Benefits

    The next step in analyzing unemployment appeals is determining how the appeal should get submitted. But wait, you still need help writing the perfect response. I get it. You are anxious, which is half the problem. Every detail matters and this needs to be thought through.

    Again, appeals are filed and submitted differently based on where you are in the process. For example, an unemployment appeal to Minnesota’s Court of Appeals works through the Court Clerk. Appeals online should utilize links found within an online benefit account, while other types of appeals can only become perfected upon the filing of a fax or formal memorandum.

    Again, content matters for every appeal. On the other hand, if the appeal cannot be traced, tracked, and proved, then you must ask yourself whether or not the Unemployment Office is going to be unforgiving down the road.

    Unemployment Statement For Your Appeal

    Your unemployment appeals statement matters. So much so, whatever the web has produced for you thus far, I am confident it was bad advice. In other words, what you are about to read is going to be different than what you expected.

    The truth is, for those who have not spoken with an unemployment law judge, you are not ready to lock in a response, because you do not have the contents of their yellow envelope.

    But wait, you need something specific because your online account is asking for it. Don’t fall for their trap. Sharing a reason for an unemployment appeal to early can cause significant problems down stream, whereas changing your tune after the fact can be just as troublesome. Instead, control the game and give yourself the best opportunity for success.

    Reasons For Your Unemployment Appeal

    Hopefully, there are all kinds of good reasons that you are eligible for benefits. Many of the reasons a person is eligible for benefits starts with something from Minnesota Statute 268.095. When matters and events fall in the gray, one can turn to legal precedent.

    There is tremendous value in sorting through the storyline and obtaining help with determining what to say in an unemployment appeal and addressing the best time to say it. If you need this kind of support, you found the right place.

    More Help with Unemployment

    No attorney-client relationship is formed by contacting this law office. If you contact IAJ Law, LLC by phone, text, social media, e-mail or through any other means, you may not necessarily receive a response.