Tag: Mental Health

  • Unemployment Stress: Tip #013

    Unemployment Stress: Tip #013

    The process of seeking and appealing for benefits is stressful.  Applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them.  Far too many applicants forget they have rights.  Applicants have a right to acquiring a subpoena.  

    Also, Applicants have rights regarding when and how their hearing will be scheduled.  If meeting with a judge interferes with a family conflict, try to reschedule.  If an Applicant works best after the lunch hour, reschedule.  As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.

    Unemployment Tip # 013 – I believe applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them.  Far to many applicants forget they are allowed one opportunity to reschedule a phone call with a judge (assuming specific rules are followed).  If meeting with a judge interferes with a family conflict, try to reschedule.  If you work best after the lunch hour, reschedule.  As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.”

    Unemployment Stress

    Other times, stress is far more significant than finding a different court date and time.  

    The financial burden of getting denied unemployment benefits can be revived by having a plan.  Even better, an Applicant will have a game plan and a back-up plan.

    Generally, a game plan is their legal strategy of acquiring benefits.  After all, a boss and employer are unique to the Applicant.  Verbalizing the storyline that led to a discharge requires careful planning.

    Usually, a storyline starts with the date of a discharge and works backwards.  Sometimes, this comes as a surprise because people like the idea of starting from the beginning, as if their first day of work and why they were hired.  

    Starting from the beginning when talking with a unemployment law judge generally makes the conference more stressful than it needs to be.  Thus, reduce unemployment stress by creating a game plan designed to show why and how one is eligible for benefits.   

  • When Health Problems Impact Your Appeal Hearing

    Health problems that even so slightly impair our ability to communicate or think clearly are burdensome to an appeal.  On one hand, you want to bring a strong case.  On the other, you are having difficulties describing the facts because you are overwhelmed by your health.

    In my practice, I hang my hat on what people say and feel.  All attorneys helping others with an unemployment issue must find ways to support those suffering from health problems.

    When health problems impact our ability to communicate with a Judge or an administrator, and the administrative law judge relied on our tainted feedback, applicants can breath new life into their case by raising specific legal issues.

    Laws Supporting Health Issues

    The first rule that stands out is due process.  Due process is as simple as getting a fair opportunity to share your story.  When the opportunity is minimized by one’s health, then there is a breach in due process.

    Sometimes, people use fancy words like being prejudiced or making reference to the US Constitution.  But, let’s skip the formalities and stay focused on the appeal for benefits: when an appeal goes bad because of health problems, people have rights.

    Health Problems and the Hearing

    As you would guess, one of the strongest ways to describe a health problem after the fact is using a doctor’s note or letter.  After all, they are helping you with your ailment or condition.

    Because connecting the dots can be somewhat tricky when there is a lapse in time between care from a doctor and an appeal hearing, showing a history of health issues can be the next best thing.

    The situation that is most difficult is when a person failed to seek help and they do not have a documented history of seeking care.

    Types of Health Problems that Impact an Appeal

    The sky is the limit on the types of issues people experience.  While some are overwhelmed with anxiety, others can be impacted by a toothache or medication.   Again, the key is a health issue that puts us under duress or reduces or abilities to make sound decisions.

    When our health concerns are documented and clarified by a doctor, this can be a very important step towards a second chance with an appeal.

    Thus, do not be ashamed, embarrassed, or something in-between.  Instead, get help.

  • For People Scared of a MN Unemployment Appeal [Updated]

    For People Scared of a MN Unemployment Appeal [Updated]

    Applicants who fear the MN Unemployment Appeal process are usually scared for three reasons:

    • They have never done this before,
    • Afraid of getting in trouble, or
    • Making ends meet.

    Even if all three apply to your specific situation, I believe taking this process in steps is the best process.  For the jobless, a phone call could happen any minute.  For people who are scared, let us start from the beginning.  And, for those experiencing an economic hardship, stay positive.

    That aside, unemployment benefits in Minnesota is a maze.  You have enough experience to know that most mazes can be solved by starting at the end and working backward.  Thus, lets quickly review five potential ends and see where it takes us.

    MN Unemployment Appeal – Level 0:  Application

    The first level is the application process.  Everybody starts here.  Unfortunately, a lot of people can mess this up before their claim gets going.

    Also, I believe it is a bad idea to ask the unemployment office for help.  I know they mean well, but it isn’t an accident that their mistakes turn into my cases.

    Because all benefits start with an application, I call this Level 0.

    MN Unemployment Appeal – Level I:  Phone Appeal

    When an application gets denied or an employer claims benefits should not be awarded, a Level 1 appeal is the second step.  Upon appealing a denied application, a meeting is set up such that people can talk to an unemployment law judge.

    Even though this type of appeal is conducted by phone, do not let this fool you.  The Level I Phone Appeal is the most critical level because it impacts every level going forward.

    Why is this true?  Well, the more levels you work through, the more difficult it becomes for people to use evidence or testimony to your advantage.  Also, if you do not raise a specific legal issue during the Level I process, it will become increasingly difficult to raise an issue down the road.

    For example, say a person is confused whether or not they should state whether they were fired from a job or quit.  Well, this is an issue that needs to be thought through so you can identify your offensive and defensive strategy.  If done incorrectly, an applicant might jeopardize their whole case.

    MN Unemployment Appeal – Level II:  Request for Reconsideration

    The losing party (applicant or employer) from a Phone Appeal can appeal their case a second time.

    The second type of MN Unemployment Appeal is called a Request for Reconsideration.

    A Level II appeal is different from a Level I appeal in the sense that it is mostly paperwork.  An MN Unemployment Appeal under Level I involves testimony.  However, a Level II appeal is limited to written communication between you and the assigned unemployment law judge.  For this reason, a Level II appeal is paperwork.

    MN Unemployment Appeal – Level III:  Minnesota Court of Appeals

    The third type of MN Unemployment Appeal is an appeal to the Minnesota Court of Appeals.  This type of appeal is not as expensive as you might think.

    Instead, it is the time that it takes for this element of the process to finish which is most surprising.

    An Employer or business is required to be represented by an attorney when heard by this Court.  On the other hand, an  Applicant can represent themselves Pro Se.

    MN Unemployment Appeal – Level IV:  Minnesota Supreme Court

    The fourth type of MN Unemployment Appeal is an appeal to the Minnesota Supreme Court.  Generally, very few cases make it to this level.  Because this law office has sought relief for unemployment claims by way of the Minnesota Supreme Court, this level should be approached with even more care than those expressed above.

    The difference between a Level III appeal and a Level IV appeal is the fact the Minnesota Supreme Court charges a court fee.  Unlike Level III, an attorney is required when seeking an MN Unemployment Appeal before the Minnesota Supreme Court.

    Where to go for help with an MN Unemployment Appeal?

    Regardless which level you need help with, remember the rules governing the MN unemployment appeal process are different depending on whether you are the Applicant or the Employer.  

    I wish you the very best.

  • Medical Records for Unemployment: Unemployment Tip #002

    Medical records for unemployment seems like an odd combination, but it happens a lot. Continuing on with my new series for unemployment tips, I will address medical records.  When a medical issue impacts our job performance, likely, there are medical records.

    Unfortunately, Applicants in Minnesota are often tricked into assuming forms used by the unemployment office are helpful.  If they were, then I wouldn’t need to address this issue.

    Physical and mental health records for unemployment appeals can impact employees who quit their job and  those discharged for employment misconduct.

    Unemployment Tip # 002 –  If an Applicant’s health is an issue, always consider seeking a formal written opinion from a treating physician that incorporates language form the Minnesota unemployment statute.

    It is never a bad idea to seek help. But, if your physical or mental health is even remotely related to your unemployment appeal, you owe it to yourself to find additional support.

  • Fighting Anxiety When Giving Unemployment Hearing Testimony

    Fighting Anxiety When Giving Unemployment Hearing Testimony

    Hearing testimony during an unemployment case is very common.  In fact, I cannot think of one hearing that did not involve talking to a Judge.

    In my experience, many of my past Clients seek my help because they get anxiety just thinking about communicating with their employer or a judge.

    Because most of the applicants I meet with share this fear, I wanted to create a short list of suggestions:

    Hearing Testimony:  Unemployment Help

    If a person cannot talk for themselves or they become easily confused, ask yourself:

    • Would practicing out-loud make the process easier to manage?
    • Is it possible that a mental health issue impacted employment too?
    • Would having evidence from a doctor make a case stronger?
    • Are there trigger words or dates that can help remind us what to talk about?
    • Is it reassuring that we can always ask for a break to step away to the restroom?
    • Would another person help the case when giving hearing testimony?

    Hearing Testimony:  Who can Ask Questions

    Another common stress or worry that I hear about is the fear of who will ask the questions?  Generally, anybody on the phone or at the court appearance can ask questions.  This includes:

    • The unemployment law judge,
    • An attorney,
    • The employer and their witnesses.

    Anxiety with this process is usually amplified because a person does not know what to expect.  Knowing that others will have an opportunity to ask questions can sometimes give relief.

    Also, I think it is wise to be prepared for making legal objections such that unfair questions can be put to a halt before they become damaging.

    Hearing Testimony:  Does Anxiety Really Matter?

    You already know that stress, depression and anxiety is a real thing.  For those that have sought help from their doctor, I commend you.

    For those needing help from their doctor, having a diagnosis can really have a positive impact on an unemployment case.  Especially those discharged for employment misconduct.

    Hearing Testimony:  Unemployment Benefits are Worth Fighting For

    Again, I know stress and anxiety impacts some of my Clients.  In fact, I think having anxiety over giving testimony to a judge or hearing a manager’s voice on the phone can make the situation even worse.

    Sometimes, knowing why and how to approach a claim is the best strategy to overcome anxiety.

  • An Unemployment Weekend is Cold and Full of Stress

    An Unemployment Weekend is Cold and Full of Stress

    An unemployment weekend is stressful in Minnesota because the unemployment website is closed.

    Yes, an applicant is unable to access their account on the weekends and this causes stress.  Luckily, I believe most unemployed applicants can use this time to prepare for their appeal or hearing.

    If you are unemployed and browsing the web this weekend about unemployment issues, you are not alone.

    Thus, I encourage you to stay positive and send me a message if you see the need.

  • Unemployment Case: White v. University of Minnesota

    Unemployment Case: White v. University of Minnesota

    A recent unemployment case in Minnesota called White v. University of Minnesota discusses employment misconduct and a duty of an unemployment law judge.