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Tag: Request for Reconsideration

A Request for Reconsideration is a formal appeal asking a decision-making authority to review and potentially reverse a previous ruling. This tag covers key aspects of writing and submitting reconsideration requests for

  • Help Your Unemployment Reconsideration In Minnesota

    Help Your Unemployment Reconsideration In Minnesota

    An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.

    Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.

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    What is the Goal for this type of Appeal?

    There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.

    • Goal 1: Reverse the Unemployment Decision;
    • Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    Before Filing A Reconsideration for Unemployment

    In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.

    Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.

    Then, you can scrub the audio for legal and procedural errors.

    What Does a Request for Reconsideration Look Like?

    Both the Applicant and Employer can file a request for reconsideration.  Filing this type of an appeal online limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  

    In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.

    New Evidence for an Unemployment Reconsideration

    Yes, every Applicant should consider whether the new evidence might change or help influence the Judge.  As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:

    (1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and

    (2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.

    New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed.

    New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.

    When Should an Unemployment Reconsideration be filed?

    Time is not on your side.  Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.

    Ideally, consider seeking help before you file such that you do not waive certain rights.

    Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.

  • How to Appeal Unemployment

    How to Appeal Unemployment

    How to appeal unemployment really depends on the person. Most often, this question come up when a person is trying to decide what to write as their appeal. Other people have problems accessing their online account and literally cannot figure out how to make it work.

    Before contacting the Work Force Center, consider engaging an unemployment lawyer for help.

    In Minnesota, there are three ways file an appeal for unemployment:  online, mail, and fax.  Because of the severity of a negative outcome, please treat this element of the process with respect.

    An appeal for unemployment appeal should be viewed as a complicated legal procedure. That said, it isn’t because a person cannot do this on their own. Instead, it has more to do with protecting a person in favor of awarding benefits.

    Appealing Unemployment Online

    Deciding to appeal a claim online has advantages. Of course, there are disadvantages too. It really depends on the situation for the applicant.

    How to Appeal Unemployment
    How to Appeal Unemployment

    A lot of times, how to appeal unemployment online is strange because many people have never done this before. What will the next screen say if you click here or there? Unfortunately, this is where seeking help might make sense.

    When filing an online appeal, actions get triggered and the process moves onto other steps. If you have not made decisions about evidence, perhaps this should be considered first.

    Unemployment Deadlines

    Yes, there are deadlines for filing an unemployment appeal. In a perfect world, everybody would file their appeal before the statutory deadline. But. things happen and sometimes I need to explore and pinpoint legal reason why an unemployment appeal should be accepted after the deadline.

    If a deadline is impacting how to appeal unemployment, consider seeking a professional opinion.

    Unfortunately, the people answering the phone system at Minnesota’s Department of Employment and Economic Development (“DEED“) are not up to speed on the legal reasons for accepting an appeal after time has expired.

    After You Appeal Unemployment

    After you file an appeal, Minnesota DEED should schedule an evidentiary hearing in front of an unemployment law judge (ULJ). That said, the unemployment office looses things, forgets things, and sometimes fails to send out information by mail.

    In any of these situations are you, thinking the situation will fix itself isn’t always the strongest position.

  • Another Article About Unemployment Request Reconsideration Minnesota

    Another Article About Unemployment Request Reconsideration Minnesota

    An unemployment request reconsideration Minnesota style is more than a fancy term. This type of an appeal means either a person or employer wants their unemployment case re-reviewed.

    Generally, the party who lost the phone hearing asks an unemployment law judge to re-reviewed the case.

    This is such an important topic, I devoted an entire page to this issue here. Otherwise, here are a few more thoughts.

    What is the Goal for this type of Appeal?

    There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.

    • Goal 1: Reverse the Unemployment Decision;
    • Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    What Does a Request for Reconsideration Look Like?

    First, both the Applicant and Employer can file a request for reconsideration on-line.  Filing this type of an appeal online limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.

    Who Reviews the Request After it is Filed?

    In most cases, an unemployment request for reconsideration in Minnesota is reviewed by the same Unemployment Law Judge that reviewed your unemployment phone appeal.  However, there are exceptions.

    Changing the Unemployment Request for Reconsideration

    The likelihood of a request for reconsideration in Minnesota being granted in your favor depends on legal arguments, whether this includes a reference to Minnesota laws, case law, or other legal doctrines. That said, there are strict deadlines that the parties and Minnesota Department of Employment and Economic Development must follow.

    What are the Results for an Unemployment Request for Reconsideration?

    After an unemployment request reconsideration Minnesota is filed, there are three potential outcomes:

    1. The Unemployment Law Judge reverses the original decision;
    2. The Unemployment Law Judge grants another phone appeal (Level I); or
    3. The ULJ denies the request and the losing party must consider appealing to Minnesota’s Court of Appeals.

    When should an Unemployment Request for Reconsideration in Minnesota be filed?

    Time is not on your side.  Because research will likely be involved and Minnesota law mandates the filing of a request for reconsideration within a specific period of time, consider seeking help or drafting your reconsideration ASAP.

    That being said, do not file your Request for Reconsideration and seek help thereafter.  Instead, consider seeking help before you file such that you do not waive certain rights.

    Additionally, time is of the essence because you will need time tracking down documents, exhibits, or witnesses to help reverse the decision.

    Is an Unemployment Request for Reconsideration in Minnesota necessary?

    According to the unemployment laws in Minnesota, the losing party in an appeal for unemployment benefits must, as a predicate to appealing the matter to the Minnesota Court of Appeals, seeking a request for reconsideration from the Unemployment Law Judge’s (ULJ) determination.

    In other words, failing to file a timely request for reconsideration in Minnesota can be detrimental to the person or employer seeks an appeal from the Minnesota Court of Appeals.

    If the other party files an Unemployment Request for Reconsideration in Minnesota, should you file one too?

    If you do not stand up for yourself, nobody else will.  It is critical for you to respond to a request for reconsideration is filed by the other party.  This is true for both employers and applicants seeking benefits.  Otherwise, the Unemployment Law Judge may reverse their decision because you failed to respond accordingly.

    On the other hand, there are certainly reasons why a party should NOT respond to a Request for Reconsideration.  For help making this decision, please contact this law office for help.

    Who can help you with an Unemployment Request for Reconsideration in Minnesota?

    If you are considering an unemployment request for reconsideration in Minnesota, please consider contacting an unemployment lawyer for help.  As you proceed through the appeal process, your rights related to unemployment benefits become more complicated.

    Thus, the sooner you seek help – the more time you are giving others who can search for past legal decisions which may support your case.

  • Unemployment Tip # 010 – Two Reconsideration Goals

    Unemployment Tip # 010 – Two Reconsideration Goals

    A reconsideration for unemployment benefits is not a sprint.  Unfortunately, Applicants seeking a reconsideration are missing out on big opportunities when they fail to address two possible conclusions or results.

    Unemployment Tip # 010 – Every reconsideration for unemployment benefits should address at least two outcomes:  (i) a reversal or (ii) a subsequent phone conference with a judge. 

    Reconsideration: Reversal

    When an employee or worker looses a phone appeal, utilizing the rules outlined under Minnesota statute 268.105 becomes very significant.

    Unfortunately, a lot of applicants filing their own appeals fail to tell the unemployment judge what the desired outcome should be or suggest alternatives.

    In other words, if the case should be reversed, tell the judge why and how by pinpointing legal issues, identify the correct rule of law, and share facts to support a reversal.

    Or, if another phone conference might be a way to fix legal errors and issues, say that too.

    Reconsideration: Another Phone Call

    Another great way to seek the desired reversal is helping an unemployment law judge reach the conclusion that a second or subsequent phone conference is necessary.  In other words, facts or evidence was missed and a second phone call would clarify an incomplete record.

    Of course, a lot of workers and employees do not like this idea because they need their benefits immediately.  I understand this need.  As mentioned earlier which is worth repeating, a reconsideration for unemployment benefits is not a sprint.

    This means slowing down.  This means seeking a continuance if necessary.  Also, this might require working through every piece of evidence at a snail’s pace.

    Reconsideration:  Types of Errors

    Those seeking a reversal of a decision or a second phone call have greater success when their reconsideration:

    • Outlines factual errors,
    • Constitutional violations,
    • Errors of law, statutes, and rules
    • Procedural mistakes, and
    • Evidentiary issues.

    Of course, there are many others and every situation is different.  For these reasons, Minnesota rule 268.105 is a great start to the unemployment appeal process.

  • My Reconsideration Review With the Same Unemployment Law Judge

    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.

  • What are the New Rules for an Unemployment Reconsideration?

    What are the New Rules for an Unemployment Reconsideration?

    MN Unemployment Request Reconsideration is a fancy term meaning you want your unemployment case re-reviewed.

    Generally, the party who lost after having their case reviewed by an unemployment law judge can have their case re-reviewed by filing a MN Unemployment Request Reconsideration.  MN Unemployment Request Reconsideration is the second level (Level II) to an appeal for benefits.

    What is the goal of a MN Unemployment Request for Reconsideration?

    If done correctly, there are two goals when a person or an employer files a request for reconsideration in Minnesota:

    (a) Reverse the Unemployment Decision; and or

    (b) Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    What does a MN Unemployment Request for Reconsideration look like?

    First, both the Applicant and Employer can file a request for reconsideration on-line.  However, the on-line system limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  In other words, you are likely going to need more than a small box to highlight case law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, a MN Unemployment Request Reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, a MN Unemployment Request Reconsideration can be extremely lengthy depending on issues and exhibits.

    Who reviews the MN Unemployment Request for Reconsideration?

    In most cases, a MN Unemployment Request Reconsideration is reviewed by the same Unemployment Law Judge that reviewed the unemployment phone appeal.  However, there are exceptions to this possibility.

    When will a MN Unemployment Request for Reconsideration be changed?

    The likelihood of a request for reconsideration in Minnesota being granted in your favor depends on legal arguments, whether this includes a reference to Minnesota laws, case law, or other legal doctrines, a  MN Unemployment Request Reconsideration should be approached with care.

    What are the results for a MN Unemployment Request for Reconsideration?

    After a MN Unemployment Request Reconsideration is filed, there are three potential outcomes:

    (i) The Unemployment Law Judge reverses the original decision;

    (ii) The Unemployment Law Judge grants another phone appeal (Level I); or

    (iii) The Unemployment Law Judge  denies the request for reconsideration and the losing party must consider an appeal to the Minnesota Court of Appeals (Level III).

    When should a MN Unemployment Request for Reconsideration be filed?

    Time is definitely not on your side.  Because research will likely be involved in your request and Minnesota law mandates the filing of a reconsideration within a specific period of time, you are limited to a couple of weeks from the date you received the decision from the Level I Phone Appeal.

    Also, time is of the essence because you will need time to seek out other documents and or exhibits relevant to your case.

    Is a MN Unemployment Request for Reconsideration necessary?

    According to the unemployment laws in Minnesota, the losing party in an appeal for unemployment benefits must, as a predicate to appealing the matter to the Minnesota Court of Appeals, seek a request for reconsideration from the Unemployment Law Judge’s (ULJ) determination.   In other words, failing to file a timely request for reconsideration in Minnesota can be detrimental to the person or employer seeking an appeal.

    If the other party files a MN Unemployment Request for Reconsideration, should you file one too?

    If you do not stand up for yourself, nobody else will.  In other words, it is critical that you respond to a request for reconsideration if filed by the other party.  This is true for both employers and applications.  Otherwise, the Unemployment Law Judge may reverse their decision because you failed to respond accordingly.

    Who can help you with an Unemployment Request for Reconsideration?

    If you are considering a MN Unemployment Request Reconsideration, please consider contacting an unemployment lawyer for help.  As you proceed through the appeal process, your rights related to unemployment benefits become more complicated.