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Majority upholds dismissal of unemployment benefits appeal

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The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.

S.S. appealed the denial of her unemployment benefits and a telephonic hearing was set. S.S. lives in Hammond and the administrative law judge was in Indianapolis. The notice she received said her hearing would be at 9:15 a.m. Eastern Standard Time and that the ALJ would call all the parties. The notice also gave instructions regarding different time zones in Indiana and said it's S.S.’s responsibility to know which time zone she is in and when the hearing will take place.

S.S. missed the ALJ’s call because she was in a federal building attending a food stamp hearing and believed the hearing was set for 10:15 a.m. Central Standard Time. Her appeal was dismissed, and her request for reinstatement was denied by the appeals director and the review board.

Chief Judge Margret Robb and Judge Patricia Riley affirmed in S.S. v. Review Board, No. 93A02-1006-EX-738. They concluded that S.S. was afforded due process and a reasonable opportunity for a hearing. They also held there weren’t any errors in the review board’s consideration of evidence or its denial of her request to reinstate her appeal. They noted she could have asked that the ALJ change the date or time of the unemployment hearing so she could attend both the food stamp and unemployment hearing, but she did not. The majority also decided that she wasn’t denied a reasonable opportunity to participate in a hearing even if she was confused by the time zones.

The majority also noted concern regarding the lack of statutory or regulatory authority governing the grant or denial of reinstatement of a Department of Workforce Development administrative appeal. The appeals director’s order cited a regulation that expired on Jan. 1, 2009, and hasn’t been readopted, wrote Chief Judge Robb. The review board’s appellate brief includes DWD Policy 2008-28, but that has not been promulgated as a rule.

“Absent authority in the statutes specifically governing the DWD, or in its properly promulgated regulations, there is simply no statutory or regulatory authority governing, among other things, the grant or denial of a request for reinstatement. Especially given that this issue is likely to recur with some frequency, we urge the DWD to promulgate an applicable rule. If the DWD fails to do so, then the legislature may need to take corrective action to fill this legal gap,” she wrote.

Judge Elaine Brown dissented, focusing on the review board’s denial of S.S.’s request for reinstatement. She believed S.S. timely filed her request as opposed to the arguments of the appeals director and review board that she filed it too early or too late.

“Plausible arguments about due process aside, and looking at the total picture, we have before us the situation of a stressed-out, financially strapped, unemployed woman who made the very common mistake of confusing the time for her hearing to be an hour later rather than an hour earlier than the stated time given the time zone she was in, a mistake made every day by those who must negotiate the two time zones existing among the various counties of Indiana,” she wrote.

She noted S.S.'s appeal may or may not have merit, but all she wants is to have the appeal heard.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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