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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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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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