Tag: Unemployment Law Judge

An Unemployment Law Judge (ULJ) is a judicial officer who oversees appeals in unemployment benefit cases, making determinations on eligibility, disputes, and claims. This tag covers the role of a ULJ, the appeals process, hearing procedures, and how decisions are made in unemployment cases. Explore expert insights and guidance to understand how ULJs impact the outcome of unemployment claims and what you can expect during a hearing.

  • Can you Rank MN Unemployment Judges? [Updated]

    MN unemployment judges are real people.  Many applicants seeking benefits have never spoken to a judge prior to their appeal.  For some, this causes stress and anxiety. As you research and prepare for your case, consider the following.

    Most people do not find out who their judge will be until an appeal is filed and evidence is shared. Second, the judge assigned to a case can change.

    Thus, focusing on a judge and their tendencies isn’t necessarily a legal strategy.

    MN Unemployment Judges

    Unemployment law judges are licensed attorneys. As a result, it can be very helpful to know which facts are most important versus secretly looking for their LinkedIn profile.

    I get it. You want to prepare yourself and know everything there is to know. When there is time, pinpointing the rule of law is the name of the game. Practical experience has value and you owe it to your future self to complete your due diligence.

    Raising Issues with an Unemployment Judge

    Perhaps this might give you comfort:  certain judges get assigned specific unemployment issues.  In other words, complicated unemployment issues tend to be reviewed by judges with experience. However, this assumes the application process vetted out the issues.

    In some circumstances, Applicants can ask an Unemployment Law Judge to review new issues. Raising an unemployment issues is supported under Minnesota Rule 3310.2910. Of course, if the applicant doesn’t know or see the issue prior to the hearing, this too can have a detrimental impact.

    Unemployment Law Judges in Minnesota

    For those still in search of information and in no particular order, here is a short list of judges that might be assigned to an unemployment appeal:

    • Allen, Lossom
    • Altavilla, Christina
    • Arendt, Kevin
    • Avila, Kevyn
    • Bateman, Annah
    • Bennett, Bonnie
    • Berger Curtis
    • Bergninghaus, Andrew
    • Best, Eli
    • Blomquist, Jeffrey
    • Boggio, Hannah
    • Bursch, Thomas
    • Capouch, Gary
    • Carter, Patricia
    • Conlin, Katherine
    • Cornell, Rachel
    • Cousin, Anna
    • Cox, David
    • Czeck, Tyler
    • Davis, Colette
    • Eng, Bryan
    • Flynn, Megan
    • Freeman, John
    • Froelich, Anne
    • Garcia, Carlos
    • Gibson, David
    • Hagedorn, John
    • Harrington, Jeffrey
    • Haynes, Tiffany
    • Helgeson, Karen
    • Herbers, James
    • Hertle, Richard
    • Hill, Gloria
    • Hines, Kaitlin
    • Humayun, Munazza
    • Kack, McKenzie
    • Kaehler, Lynn
    • Kellermann, Michael
    • Mackin, Sasha
    • Markham, Melannie
    • Martin, Twyla,
    • Matteson, mara
    • Mismash, Scott
    • Nehring, Alisha
    • Noubissie, Margaret
    • Odurukwe, Ifeanyi
    • Parlin, Kurtis
    • Pha, Lovw
    • Phillips, Keri
    • Pomeroy, Michelle
    • Rainville, Marian
    • Ratzlaff, Natalie
    • Ritter, Kelly
    • Rylander, Christopher
    • Seppmann, Karen
    • Shapiro, Evan
    • Sitz, Theodore
    • St. Martin, Matthew
    • Steffen, Christine
    • Stueve, Kate
    • Tabery, Heather
    • Teigland, Mark
    • Tessmer, Elizabeth
    • Thompson, Sheena
    • Trobaugh, Phillip
    • Vargason, Tracy
    • Vincze Turcean, Claudia
    • Voight, Linda
    • Wittmer, Rebecca
    • Yurshi, Heather

    Thoughts About ULJ in Minnesota

    Focusing time and effort on a specific judge is a poor strategy.  Instead, lean on unemployment laws and facts.  

    Thus, the presentation of specific facts (or evidence) is helpful to the referee or administrative law judge looking at the case.

  • 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.

  • Time is Up and Still No Response

    Getting no response from the unemployment law judge is as frustrating as it gets.

    First, appeals are stressful.  Second, the benefit is desperately needed.

    The applicable rule for timeliness is Minn. Stat. 268.105.  But, lets put the rules aside and simplify things.

    Untrue Rumors about No Response

    • No, a judge missing a deadline has little impact on the success of a claim.
    • No, a judge missing a deadline does not mean applicants obtain a default victory. On the other hand, if an applicant misses a deadline, it can have a detrimental impact.
    • No, asking for feedback on when a decision will be made does not turn a good case into a bad case.

    What to Do when you get No Response from the Judge

    There are a number of ways to solicit a response.  This includes:

    • Calling the Appeal Hotline
    • Asking a State Representative to contact DEED
    • Filing documents with a Court, and
    • Sending a letter by mail asking for feedback on a decision date.

    For cases still in the phone appeal or reconsideration process, sending a letter to the Chief Unemployment Law Judge and the Commissioner of DEED can move mountains!

    How Long does it Take?

    If you start asking friends, you will drive yourself crazy.  Really, it depends on the week and month.  In my experience, I have seen decisions rendered in days.  Other times, I have seen cases get lost for months.

    Over the last few years, I have seen a more efficient process and I am hopeful most folks will see a decision within a few weeks.  In fact, sometimes my Clients receive a lump sum benefit payment before they see something in writing.

    Again, as stressful as this process can be, patience is key.

    On the other hand, applicants should absolutely knock on doors, make phone calls and send letters to assure their case is still moving forward.

    Finally, stay positive.

  • 4 Heads Are Judging Unemployment

    Judging unemployment is serious stuff.  I believe the process of seeking unemployment should not start with telling your whole story and finding ways to reduce stress or anxiety.

    Instead, take this process in strides and chunks.

    The first person judging unemployment is…

    The very first person who gets to judge your unemployment claim is YOU!  Being approved unemployment benefits is not based on principle.  Instead, unemployment claims are decided by rule 268.095.

    Sometimes, the best plan is identifying a specific fact applicable to a rule supporting your eligibility.

    Unfortunately, those filling out applications will judge their own merits and fail at identifying the important parts.  In my experience, the most difficult element to separate is emotion.  If you are emotional about your own case, then very likely you have already misjudged your own claim.

    The second person judging unemployment is…

    The second person judging unemployment claims are those reviewing your application.  In my experience, these folks are very unskilled.

    I say this with good intentions because I acknowledge the group of people reviewing unemployment applications have spent zero time reviewing past cases available to the public.

    One of the best ways around this is sticking to facts and the laws favoring eligibility.  Another method, which many people claiming unemployment take, is wishing for the best and appealing a denied claim.

    The third person judging unemployment is…

    The third person judging unemployment claims are people called unemployment law judges or ULJ.

    Yes, unemployment law judges are lawyers hired by the unemployment office who serve as impartial reviewers of unemployment claims.

    In other words, much like a judge you have seen on television or a past experience, an unemployment law judge does everything another judge might do.

    The fourth, fifth and sixth person judging unemployment is….

    Yes, an applicant seeking unemployment benefits can have their case judged by even more people than three.

    If a person decides to appeal their case to the Minnesota Court of Appeals, a fourth, fifth and sixth person will be judging the case.

    When should I judge your case?

    I agree – this stuff can be stressful and overwhelming.

    I believe every applicant can save money and reduce stress by seeking my judgment early on or leaning on a rule that might improve the likelihood of your eligibility.

    If you need help, please contact me directly.