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Judges uphold penalties against man for falsifying unemployment benefit documents

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There is sufficient evidence to support the decision that a man must pay back unemployment benefits he used while working and that the man falsified information in order to receive those benefits, the Indiana Court of Appeals held.

In Shawn Telligman v. Review Board of the Indiana Department of Workforce Development and Indiana Department of Workforce Development Unemployment Insurance Claims Adjudication, 93A02-1304-EX-303, Shawn Telligman appealed the decision of the Review Board of the Indiana Department of Workforce Development that he lied about his employment status in order to obtain unemployment benefits. Telligman submitted his first claim for benefits in October 2009; subsequent claims were filed in May 2010 and October 2010 by Telligman’s then-wife, to whom he shared his user ID and password. His now ex-wife had access to the debit card that contained the benefits except for the period when she was incarcerated.  

An administrative law judge concluded Telligman knowingly failed to disclose that he was working during the time he applied for the benefits or falsified information in order to obtain the benefits. Penalties were assessed against Telligman for the three instances – 25 percent on the first claim; 50 percent for the second claim; and 100 percent for the third claim made.

Telligman appealed, wanting to introduce additional evidence to show that his wife controlled the card and he didn’t know she continued to submit claims. The COA rejected his argument that the May 2010 and October 2010 claims should be treated as one instance instead of two under I.C. 22-4-13-1.1. “Instance” under the statute means each time a new claim for benefits is opened.

The COA affirmed the findings, noting that Telligman was placed on notice when he filed his claim that he was responsible for submitting accurate information and reporting any other wages earned. The user agreement to apply for the benefits also warned to keep user names and passwords confidential.

The judges also pointed out the additional information Telligman wanted to present to the board was available prior to the hearing before the ALJ and there’s no telling if the board would have accepted and credited the evidence in the same way Telligman does.  
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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